Towards a Development-Oriented TRIPS Review Under Article 71.1
By Nirmalya Syam
This paper calls for a comprehensive, development-focused review of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) under Article 71.1, a process that has been mandated but never carried out. It critiques the narrow, compliance-driven approach favored by developed countries, which risks sidelining the broader developmental objectives enshrined in Articles 7 and 8 and reaffirmed by the Doha Declaration on the TRIPS Agreement and Public Health. Through a detailed analysis of the political context, procedural history, and legal mandates, the paper argues that the TRIPS review should center on the real-world impact of the Agreement on developing countries—particularly in areas such as public health, access to medicines, technology transfer, and innovation capacity. It proposes an impact assessment framework grounded in empirical indicators to evaluate how TRIPS has influenced public welfare, policy space, and economic development. Ultimately, the paper urges the World Trade organization (WTO) to fulfill its long-overdue obligation to reassess TRIPS not as a compliance checklist but as a living instrument that must align with global equity and development goals.
UN Human Rights Council Resolutions on Access to Medicines and the Use of TRIPS Flexibilities: A Review
By Nirmalya Syam
This paper reviews almost twenty years of the United Nations Human Rights Council’s (UNHRC) work on access to medicines. The UNHRC has repeatedly framed access to medicines as part of the right to health and has urged States to rely on flexibilities in the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) to make essential treatments more affordable. Although the UNHRC has strengthened the human rights foundation for using such flexibilities, its resolutions have produced little change on the ground. The commitments embodied in the UNHRC resolutions stay broad and non-binding, leaving the deep structural barriers in place, including restrictive intellectual property (IP) clauses in trade deals, pressure from powerful States, limited technical and manufacturing capacity, and weak policy coordination within governments. Moreover, several recent resolutions reaffirm the value of IP protection, which creates tension that dilutes the Council’s support for the wider use of TRIPS flexibilities. The paper finds that the main gap between global human rights commitments and national action on advancing access to medicines reflects political choices and structural barriers, and concludes by calling for stronger mandates for States to review access barriers during the Universal Periodic Review, increased technical assistance from the Office of the High Commissioner for Human Rights, more civil society participation, national right-to-health action plans, and systematic monitoring of TRIPS implementation.
30 Years supporting advancing multilateral rules for the fair and equitable sharing of the benefits arising from the utilization of biological diversity
By Dr. Viviana Munoz Tellez
South Centre 30th Anniversary Series No. 1, 7 January 2026
Countries are bound through international agreements to advance biodiversity conservation, including by maintaining genetic diversity, to ensure sustainable use of biodiversity and advance both access and fair and equitable sharing of benefits from the utilization of genetic resources and associated traditional knowledge. These obligations are also reasserted in the United Nations (UN) agreed Sustainable Development Goals (SDGs).
There are several international agreements in which these issues are addressed, including the Convention on Biological Diversity (CBD), the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA Treaty), the Agreement under the UN Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ), as well as fora where these issues are debated or negotiated, such as those conducted under the auspices of the World Health Organization (WHO), the International Union for the Protection of New Varieties of Plants (UPOV), the World Intellectual Property Organization (WIPO), the United Nations Environment Programme (UNEP) and the World Trade Organization (WTO).
The South Centre has provided constant support over the years to developing countries in advancing their common interests in this field and ensuring coherence and synergies among the different conventions and negotiations.
Balancing the Global Copyright System in the Public Interest: An Analysis of the African Group’s Proposed Instrument on Limitations and Exceptions
South Centre and Centre on Knowledge Governance Working Paper, 1 December 2025
By Faith O. Majekolagbe
The establishment of an international instrument on copyright limitations and exceptions (L&Es) is essential to achieve an appropriate balance between exclusive rights and the overarching public interest in access to copyrighted works and related subject matter. Current international copyright instruments, including the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled, fail to adequately address L&Es for education, research, equitable access for persons with disabilities, and the operations of educational, research, and cultural heritage institutions such as libraries, archives, and museums. The proposed instrument on L&Es by the African Group seeks to establish mandatory minimum L&Es to support education, research, and access to information within the international copyright system, thereby promoting global harmonization and ensuring that copyright law supports, not impedes, development objectives and compliance with human rights obligations. This working paper offers a thorough analysis of the proposed instrument, examining its substantive provisions and potential benefits.
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.
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.
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.
WIPO’s new Treaty on genetic resources and associated traditional knowledge – a long-awaited and groundbreaking step towards combatting biopiracy
By Wend Wendland
WIPO’s new Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge responds to an over 25 years’ demand by developing countries to combat biopiracy. The Treaty is the first intellectual property treaty for which those countries were the proponents. While the Treaty’s adoption on May 24, 2024 was a momentous milestone in the evolution of the patent system, it is critical that the Treaty’s paradigm-shifting political and symbolic importance be matched by its practical effectiveness.
WTO TRIPS Agreement: Insights from a Negotiator at the Uruguay Round of GATT
By Jayashree Watal
This article recounts how the TRIPS Agreement negotiations took place from the perspective of a participant in the negotiations. It outlines India’s concerns with the developed countries’ proposals and notes that most developing countries wrongly thought that TRIPS was about trade in counterfeit goods, a subject that was first broached at the end of the Tokyo Round in 1978-9. On the contrary, Industry associations of the US, EU and Japan had, quite early on in the negotiations in 1988, drawn up a legal text very close to what became the final text of the TRIPS Agreement.
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.
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.
