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.
Health Equity in Global Governance: growing recognition in need of concrete actions
By Carlos M. Correa
Health equity is a foundational principle of global health governance that should ensure all individuals have fair and just opportunities to achieve optimal health, regardless of social, economic, or geographical disparities. The right to health is recognized as a fundamental human right in Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). This document explores the concept of health equity drawing on United Nations General Assembly (UNGA) resolutions and key instruments from the World Health Organization (WHO). It discusses the challenges and opportunities for developing countries in pursuing equitable health outcomes, including advancing sexual and reproductive health and rights.
Experiences and Challenges Faced by Sri Lanka in Implementing the Highest Attainable Standard of Health, Including Health Equity and Sexual and Reproductive Health and Rights
By Janani Sivapakthan
Sri Lanka’s long-standing commitment to free and equitable healthcare with a focus on primary healthcare has yielded impressive achievements in health equity, maternal and child health, disease elimination, and sexual and reproductive health and rights. However, Sri Lanka faces challenges in upholding health equity in the context of escalating domestic and global pressures. Safeguarding the highest attainable standard of health for all Sri Lankans requires addressing underinvestment, workforce migration, uneven service distribution, and the emerging burden of non-communicable diseases in a context of economic constraint.
Promoting Health Equity and Reproductive Rights in Angola
By Sandra Benge Neto
This article examines Angola´s progress in rebuilding its health system in the post conflict era, focusing on health equity and the promotion of Sexual and Reproductive Health and Rights (SRHR) in alignment with the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) and international human rights commitments.
Despite significant advances – such as the expansion of primary healthcare, municipalization of services, and youth–friendly centres – Angola continues to face challenges including geographic disparities, sociocultural barriers to contraception, insufficient funding, and limited data systems. Drawing from national initiatives and community based experiences, this article highlights best practices and strategic recommendations to accelerate Angola´s implementation of the Maputo Protocol and achieve universal, gender–responsive health coverage.
Brazil’s challenges in implementing the highest attainable standard in Sexual and Reproductive Health and Rights
By Camila C. Gasparro
This paper examines Brazil’s efforts to improve women’s Sexual and Reproductive Health and Rights. Brazil is making progress through the Ministry of Health and collaborative engagement with social movements. However, persistent structural barriers continue to disproportionately undermine women’s sexual and reproductive rights, particularly among Black, Indigenous, and vulnerable populations.
South Centre Supports Civil Society and Research Institutions in the Global South to Raise Awareness of Antimicrobial Resistance during World Antimicrobial Resistance Awareness Week 2025
by Viviana Munoz Tellez, Ningxiner Li
The South Centre supported multiple civil society institutions across the Global South to implement targeted awareness raising campaigns on antimicrobial resistance (AMR) and commemorate the World Antimicrobial Resistance Awareness Week (WAAW) 2025, with funding provided by the United Kingdom Fleming Fund. The selection of campaigns was prioritized based on the quality of the proposals and their implementation in South Centre Member Countries.
The US Bilateral Specimen Sharing Agreement in the Proposed PEPFAR MOUs Would Leave African Countries More Vulnerable in the Next Pandemic
By Nirmalya Syam, Viviana Munoz Tellez
This Policy Brief examines the implications of the United States’ (US) PEPFAR Memorandum of Understanding (PEPFAR MOU) proposed to African countries on the negotiations for a multilateral system for access to pathogens and benefit sharing (PABS) as part of the World Health Organization’s (WHO) Pandemic Agreement. It recommends that African countries do not accept the MOU provisions on specimen sharing and data access that undermine national sovereignty and calls for a coordinated regional response.
The South Centre has made a submission to the Intergovernmental Negotiating Committee of the United Nations Framework Convention on International Tax Cooperation on the draft Framework Convention’s commitments, and Dispute Prevention and Resolution protocol.
The contribution addresses the priorities and perspectives of developing countries in promoting inclusiveness, fair allocation of taxing rights, stronger transparency standards, and effective and accessible dispute prevention and resolution mechanisms.
Independent Panel on Evidence for Action against Antimicrobial Resistance (IPEA): Reflections on the Foundational Documents
By Dr. Viviana Munoz Tellez
The United Nations General Assembly (UNGA) invited the Quadripartite Organizations to establish an Independent Panel on Evidence for Action against Antimicrobial Resistance (IPEA) in 2025. The launch of the IPEA is planned for 10 December 2025 during the United Nations Environment Assembly (UNEA). The Quadripartite organizations (the Food and Agriculture Organization (FAO), the United Nations Environment Programme (UNEP), the World Health Organization (WHO) and the World Organisation for Animal Health (WOAH)) released in November 2025 updated draft documents for the IPEA for additional consultation with Member States and stakeholders. The IPEA will constitute a welcome addition to global Antimicrobial Resistance (AMR) governance, and should be established, starting small and building gradually. Several concerns on the proposed model remain concerning the governance structure, equity in participation, and the independence of the panel. This policy brief provides analysis and recommendations on key issues concerning the draft foundational documents for the IPEA requiring attention.
WTO Reform: Reflections on Reform Week and Suggested Approaches for Breakout Groups
A Note Reviewing the Process and Reform Tracks in Advance of WTO Reform Week, 5 December 2025
By Vahini Naidu, Trade for Development Programme, South Centre
This note provides an assessment of the papers circulated by the WTO Reform Facilitator for Reform Week and highlights the structural gaps that limit their balance and practical value to move forward these discussions in a manner that takes the demands and interests of developing and least developed country Members into account. The current drafts reflect a narrow interpretation of the consultations, introduce elements that were not examined collectively and overlook mandated issues that continue to shape the functioning of the system. This note sets out the adjustments that Members may wish to propose to restore a development centred framing, make a clear distinction between descriptive reflections and new reform ideas, and ensure that any work proceeds in line with Ministerial instructions for a member driven, transparent and inclusive process. The aim is to place the discussion on a footing that reflects the full range of Member views and respects the mandates already agreed.
