History of the Negotiations of the TRIPS Agreement
By Carlos Correa
When the currently developed countries started their industrialization process, the intellectual property system was very flexible and allowed them to industrialize based on imitation, as it was notably the case of the United States. The international intellectual property system evolved since the end of the XIX Century based on a number of conventions on which the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) was later built on. Developing countries resisted the incorporation into the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) of broad disciplines on intellectual property, as they were conscious that they were disadvantaged in terms of science and technology and that a new agreement, with a mechanism to enforce its rules, would freeze the comparative advantages that developed countries enjoyed. Faced with the threat of not getting concessions in agriculture and textiles -that were crucial for their economies- they were finally forced to enter into negotiations of an Agreement, the terms of which were essentially dictated by developed countries. Coercion rather than negotiations among equal partners seems to explain the final adoption of this Agreement.
Alternative Modality for Landmark Decision of UN Convention on Biodiversity: Bounded Openness over Natural Information
By Joseph Henry Vogel
The Secretariat of the 1993 United Nations Convention on Biological Diversity requested Submissions of Views on “possible additional modalities for the fair and equitable sharing of benefits from the use of digital sequence information on genetic resources”. Bounded Openness over Natural Information is an alternative that could supplant the modalities of Decision 16/2 and achieve fairness, equity and efficiency.
The Importance of Balanced Intellectual Property Systems for Patients’ Access to Medicines: An Analysis
By Archana Jatkar and Nicolás Tascón
Access to safe, effective, cost-effective, and quality-assured medicines is fundamental from a patients’ perspective. The International Generic and Biosimilar Medicines Association (IGBA) recently released a reporthighlighting the critical balance between innovation, competition, and timely access to medicines. This article delves into the key findings of IGBA’s report, their implications on patient access to medicines and national healthcare budgets, and the IGBA’s recommendations for improving the global pharmaceutical landscape.
The AI Race: A Tightrope Walk Between Innovation, Inclusivity and Prosperity for All
By Daniel Uribe Terán
The intensifying global race in Artificial Intelligence (AI) forces nations to walk a tightrope, balancing the drive for rapid innovation against the imperatives of fairness, safety and inclusivity. This tension is reflected in recent high-level international summits and the diverging regulatory paradigms emerging globally, most notably between the market-driven, largely deregulatory approach of the United States and the human-centric, risk-based model favoured by the European Union. Such divergence contributes to a fragmented governance landscape, posing significant challenges for developing countries, which face the risk of marginalisation due to disparities in infrastructure, resources, and technical capacity. Some of these countries have put in place proactive strategies as they endeavour to walk the tightrope between innovation and fairness in the unfolding AI era.
South Centre Statement to the 66th WIPO Assemblies
July 2025
At the WIPO Assemblies, the South Centre calls for a balanced IP regime that supports development, links to the SDGs, and preserves national policy space. We back the GRATK Treaty, TK & TCE negotiations, and a Development Acceleration Fund.
Access to medical products and reproductive rights
Side Event to the 59th Session of the Human Rights Council
23 June 2025
12:00 to 13:00
Room XXVII, Palais de Nations, Geneva, Switzerland
The pursuit of health equity, encompassing fair and just opportunities for all to achieve their full health potential, remains a paramount global challenge. The right to health is a fundamental part of our human rights and of our understanding of a life in dignity. This event will explore the indivisible links between equitable access to medical products, the advancement of sexual and reproductive health and rights (SRHR), and the strengthening of international cooperation as pillars for upholding this fundamental right for everyone, everywhere. The interconnectedness of these themes is central; they are not disparate issues but integral components of a holistic approach necessary to realise comprehensive health equity.
The side event is anticipated to significantly enhance participants’ understanding of the complex, intersecting challenges and opportunities in upholding health equity, particularly through improved access to medical products and the full realization of SRHR. The discussions aim to identify potential policy pathways, innovative approaches, and actionable strategies for key stakeholders to address existing inequities. Furthermore, a crucial outcome will be a reinforced commitment to multilateralism and collaborative action as essential tools for tackling global health challenges and advancing the right to health, with the dialogue contributing valuable insights to ongoing policy debates in relevant international fora, especially concerning the implementation of recent global agreements and agendas, while also strengthening networks and partnerships dedicated to health equity and human rights.
Scope of Compulsory License and Government Use of Patented Medicines
To meet public health needs governments can use compulsory licenses and government use as a tool for procurement and import of patented medicines. These mechanisms are provided for in most laws worldwide. The WTO TRIPS Agreement, as reaffirmed by the Doha Declaration on TRIPS and Public Health, recognises the right of WTO members to grant compulsory licenses and their freedom to determine the grounds upon which such licenses may be granted.
This table provides information of instances of their use.
User Rights Symposium 2025: Principles for Progress in Digital Copyright
Geneva, Switzerland
16-18 June 2025
This year’s symposium will be hosted by PIJIP’s Geneva Center on Knowledge Governance and the South Centre, with collaborating partners IFLA (International Federation of Library Associations and Institutions), the Knowledge Rights 21 Project, COMMUNIA Association for the Public Domain.
American University’s Program on Information Justice and Intellectual Property invites you to participate in this year’s annual meeting and Symposium of the Global Expert Network on Copyright User Rights in Geneva, Switzerland. The goal of this year’s symposium is to share research and deliberate over principles that guide protection of the public interest in the digital copyright issues WIPO is considering. We seek presentations of research and views on the following:
South Centre Statement to the WIPO Intergovernmental Committee on IP, Genetic Resources, Traditional Knowledge and Folklore 51st Session
May 2025
Read our statement on the future of the work by the WIPO Committee on IP, Genetic Resources, Traditional Knowledge and Folklore, following the conclusion of the WIPO GRATK Treaty. Viable options for an international legal instrument or instrument(s) on TK/TCEs are emerging with greater clarity. A final timeline for conclusion would support the negotiation process, with a date set for a Diplomatic Conference in the next biennium.
Cross-Border Enforcement of Copyright: A Special Emphasis on Court Decisions and Arbitral Awards
By Hany Salem
In today’s digitally interconnected world, copyright infringement frequently crosses national borders, presenting complex legal challenges for effective enforcement of intellectual property rights in general, and copyright in particular. This paper examines the challenges associated with cross-border copyright enforcement, particularly the critical role of Private International Law (PIL) in the recognition and enforcement of foreign court decisions and arbitral awards. Although foundational treaties such as the Berne Convention, the TRIPS Agreement, and the WIPO Copyright Treaty establish essential principles of international copyright protection, they offer very limited guidance on resolving procedural and jurisdictional issues that arise in cross-border Copyright disputes.
The analysis contends that the territorial nature of copyright law, compounded by fragmented and insufficiently developed PIL frameworks, creates legal uncertainty and inefficiency for rightsholders to secure effective remedies. To address these shortcomings, the study underscores the need for a more coherent and harmonized international PIL approach. It further explores the potential of soft law instruments – particularly the 2020 Kyoto Guidelines – as a constructive step toward resolving PIL issues related to international copyright disputes. By narrowing the gap between domestic legal systems and international enforcement mechanisms, these developments could significantly enhance legal predictability and access to justice in the global digital environment.
