Report on Compulsory Licensing Provisions in the National Patent Legislation of 15 Middle-Income Countries:
A Content Analysis and Recommendations
A Report of the Global Economic Governance Initiative of the Boston University Global Development Policy Center
Published by the South Centre and the Global Economic Governance Initiative of Boston University Global Development Policy Center
This study examines compulsory licensing laws in 15 middle-income countries often excluded from voluntary licenses & finds significant untapped policy space to advance access to affordable medicines. It highlights best practices & makes key recommendations to improve patent laws for the use of this important TRIPS flexibility.
WTO Reform: Assessment of the Facilitator’s Communication and Process Ahead of the 4 November 2025 Plenary
An Informal Note Reviewing the Reform Tracks and Process in Advance of the 4 November Plenary, 2 November 2025
By Vahini Naidu, Trade for Development Programme, South Centre
This note provides an analytical assessment of the Facilitator’s Communication and process ahead of the WTO reform plenary held on 4 November 2025. It highlights the growing procedural opacity surrounding the reform process, characterised by informal, facilitator-led configurations that lack clear mandates, participation criteria, or official records of discussions. These methods have blurred the lines between Member-driven deliberation and Secretariat-managed processes, creating uncertainty over accountability, legitimacy and inclusiveness.
Substantively, the Facilitator’s synthesis elevates certain reform tracks, notably decision-making and level playing field, as forward-looking agendas, while confining the Development and S&DT track to a diagnostic or exploratory stage. This imbalance risks entrenching asymmetries rather than addressing them. By conflating S&DT with the broader development mandate, the Communication effectively narrows the systemic development agenda of the Marrakesh Agreement to a limited discussion of differentiation and eligibility.
Read together, the procedural and substantive dynamics reveal a process that is fragmented, imbalanced and at risk of being shaped by informal interpretations rather than by Member-driven decisions. The note calls for restoring transparency, reaffirming the primacy of consensus and re-centring development as the organising principle of WTO reform.
The Constitutional Shield: How Colombia’s Judiciary Shapes Investment Treaties Through Joint Interpretation
By Daniel Uribe Teran
This policy brief examines an innovative judicial approach by the Colombian Constitutional Court in response to an increase in investor-state dispute settlement (ISDS) claims. The Court introduced a doctrine called ‘conditional constitutionality’ (exequibilidad condicionada), which mandates the executive to negotiate binding joint interpretative declarations prior to ratifying an International Investment Agreement (IIA). This process aims to clarify ambiguous language and ensure that IIA provisions align with constitutional principles, particularly concerning the sovereign right to regulate and the protection of human and environmental rights.
The analysis examines the “constitutional shield” doctrine established by this domestic mechanism, emphasising its legal basis in Article 31.3(a) of the Vienna Convention on the Law of Treaties. However, it highlights a significant discrepancy: the uncertain acknowledgement of these subsequent agreements within the international investment arbitration framework. The brief notes that arbitral tribunals, which often function as autonomous legal systems, may not consistently respect such domestic constitutional provisions. This creates ongoing tension between national sovereignty and arbitral independence. The policy brief concludes by addressing the limitations of relying solely on domestic solutions and calls for systemic reforms at the international level, such as within the United Nations Commission on International Trade Law (UNCITRAL) Working Group III.
Are countries maximizing the policy space they have to grant compulsory licenses to improve access to medicines?
Webinar
Date & Time: Thursday, 13 November 2025, 13h-14h30 (Geneva) / 7h-8h30 (Boston) / 23h-00h30 (Melbourne)
Join the Launch of a Report onCompulsory Licensing Provisions in the National Patent Legislation of 15 Middle-Income Countries, published by the South Centre and the Global Economic Governance Initiative of Boston University Global Development Policy Center.
South Centre Statement to the Intergovernmental Working Group (IGWG) on the WHO Pandemic Agreement
3 November 2025
This statement was delivered at the opening of the Intergovernmental Working Group (IGWG) on the WHO Pandemic Agreement, third session, on 3 November 2025. The South Centre underscored that the first draft Bureau text helps to kick off text-based negotiations, but it does not meet the requirements for implementation of Article 12 of the Pandemic Agreement.
Gamani Corea and his Enduring Legacy for the Global South
By Danish
Gamani Corea was an intellectual giant of the global South, with a long and illustrious career spent in strengthening multilateralism and advancing the common interests of developing countries. On the occasion of Gamani Corea’s birth centenary on 4 November 2025, this paper revisits some of his most notable contributions in the different domains where he played important roles, and examines their relevance for addressing contemporary challenges facing the global South. It further explores his vision and impact as part of the South Commission and in establishing the South Centre. Amidst weakening multilateralism and rising geo-economic turmoil, this paper explores how Gamani Corea’s legacy offers both inspiration and practical insights for developing countries in reshaping global governance. His ambition to strengthen Southern solidarity and collective action at the multilateral level continues to provide essential guidance for developing countries to accelerate sustainable development and ensure that no one gets left behind.
The WIPO Patent Agenda: The Risks for Developing Countries
by Carlos M. Correa and Sisule F. Musungu
This paper is aimed at assessing some of the implications of the WIPO Patent Agenda, in the context of the ongoing debates on the benefits and costs of intellectual property protection for developing and least developed countries. The main aim of the paper is to provide an overview of the processes under the Patent Agenda, to identify and examine the main issues that are under discussion and to underscore the importance of these issues for developing and least-developed countries.
Building Up a Balanced Global Intellectual Property System: Report of the WIPO Assemblies’ Sixty-sixth Series of Meetings
Health, Intellectual Property and Biodiversity Programme, South Centre
This report reviews the key discussions and outcomes of the 66th Series of Meetings of the World Intellectual Property Organization (WIPO) Assemblies held in July 2025. The Assemblies addressed important governance, oversight, and norm-setting issues. Key developments included the launch of the process to appoint a new Director General, decisions on committee compositions and approval of the 2026/27 Program and Budget. Developing countries advocated for more inclusive participation in governance, balanced priority setting on norm-setting work, and stronger implementation of the Development Agenda.
Co-organized by the National Commission on International Trade & Health Studies (NCITHS), Thailand together with the International Trade & Health Programme (ITH), South Centre & other partners
Reeling Towards Termination: Assessing the WTO Agreement on Fisheries Subsidies and the Future of Fisheries Disciplines
By Vahini Naidu
The WTO Agreement on Fisheries Subsidies (AFS, “Fish 1”) entered into force on 15 September 2025, introducing new disciplines on subsidies linked to illegal, unreported and unregulated fishing, overfished stocks, and certain high seas activities. While celebrated as a landmark achievement, the Agreement is partial in scope, omitting the broader category of capacity-enhancing subsidies that drive overcapacity and fish stock depletion. Its obligations rely on national determinations and extensive notifications that may prove burdensome for developing Members while allowing major subsidisers to retain flexibility. The unprecedented termination clause in Article 12 ties the Agreement’s survival to the adoption of additional “comprehensive disciplines,” underscoring both the fragility of the current outcome and the need for continued negotiations. The experience of Fish 1 reveals significant lessons for the proposed WTO reform, including the importance of reviewable and time-bound rules, the risks of imbalanced sustainability provisions, and the institutional weaknesses of restricted negotiating processes.
South Centre Statement onUNCTAD XVIConference “Shaping the Future: Driving Economic Transformation for Equitable, Inclusive and Sustainable Development”
23 October 2025, Geneva, Switzerland
At UNCTAD XVI, the South Centre reaffirmed that an equitable and effective multilateral system must reflect the right of developing countries to participate in and shape the rules of global economic governance, while preserving their policy space and data sovereignty. The success of the XVI Conference will be judged by the extent to which its outcome reaffirms the organisation’s development mission and its unique role in shaping a fairer global economic order.
