Balancing the Global Copyright System in the Public Interest: An Analysis of the African Group’s Proposed Instrument on Limitations and Exceptions
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 human rights obligations. This policy brief offers a thorough analysis of the proposed instrument, examining its substantive provisions and potential benefits, and proposes some improvements.
Global Activism to Make Patented Drugs More Accessible: An ITPC Case Study of Bedaquiline for Treatment of Tuberculosis
By Priti Patnaik
This report documents efforts by civil society organizations (CSOs) in various countries, including Brazil, Ukraine and Thailand, to make Bedaquiline more accessible by using the flexibilities provided in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) – the safeguards in the intellectual property system that take into account public health needs. The case study was undertaken during 2023-2024.
Tuberculosis remains a major global health crisis, with drug-resistant forms requiring newer more effective treatments like Bedaquiline which offers shorter treatment times and fewer side effects than older regimens. The report offers an overview of global and country-specific efforts by CSOs to challenge patents held by Johnson & Johnson on the tuberculosis (TB) drug bedaquiline (BDQ) to improve patient access and affordability. CSOs primarily focused on opposing “evergreening” secondary patents that extend Johnson & Johnson’s monopoly beyond the original patent expiration, arguing that these patents lack inventive merit and artificially inflate prices. Successful actions, such as patent rejections in India and Thailand and Johnson & Johnson’s agreement not to enforce patents in 134 low- and middle-income countries (LMICs), are discussed alongside challenges, including judicial difficulties, insufficient political will, and the strategic importance of pursuing pre-grant patent oppositions.
The UN Treaty on Business and Human Rights: Regulating Corporate Power in the Era of Deregulation
South Centre and Friedrich-Ebert-Stiftung (FES) Geneva Office Report, March 2026
By Daniel Fernando Uribe Terán
This study examines how the United Nations Legally Binding Instrument (LBI) serves as a vital tool to preserve state sovereignty and to ensure the primacy of human rights in the era of deregulation.
61st Session of the Human Rights Council Side Event:
Regulating Corporate Power in the Era of Deregulation: Launching the South Centre and FES 2026 Report for the UN Legally Binding Instrument
Co-organized by the South Centre and Friedrich-Ebert-Stiftung (FES) Geneva Office
Date: 26 March 2026
Time: 12:00 – 13:00 CET
Venue: Room Concordia 1, Palais des Nations, Geneva
The South Centre, in collaboration with the Friedrich-Ebert-Stiftung (FES) Geneva, is pleased to invite you to the launch of our new report The UN Treaty on Business and Human Rights: Regulating Corporate Power in the Era of Deregulation.
This study examines how the UN Legally Binding Instrument (LBI) serves as a vital tool to preserve state sovereignty and to ensure the primacy of human rights in the era of deregulation.
Join us in Geneva to discuss concrete solutions to “justice paralysis” and corporate impunity.
Hosted by the South Centre, 5 March 2026, Virtual (Zoom)
On 5 March 2026, the South Centre convened a virtual webinar to mark the conclusion of its seven-year antimicrobial resistance (AMR) programme, supported by the Fleming Fund, Department of Health and Social Care (DHSC), United Kingdom (UK) since 2018. The main objective of the webinar was to present the findings of an Impact Assessment of the programme and to gather reflections from key partners on lessons learned and the way forward. The South Centre emphasised that the end of the Fleming Fund grant marks a transition, not a closure as the organisation remains committed to AMR as a core area of work and is actively seeking new partnerships.
The webinar was opened by Prof. Carlos Correa, Executive Director of the South Centre, and moderated throughout by Dr Viviana Munoz Tellez, Head of the Health, Intellectual Property and Biodiversity programme of the South Centre. Eleven speakers from multilateral institutions, the UK Fleming Fund, government delegations, academics, civil society, and the media shared perspectives and calls to action.
South Centre and One Health Trust Information Note
March 2026
92 million deaths could be averted by 2050 with improved access to antibiotics and infection care. The time to act is now, and it requires both access and stewardship.
Together with One Health Trust, we highlight key recommendations to make it happen in a pointed brief.
* Available in 3 languages (English, Portuguese and Spanish)
South Centre Statement to the Sixth meeting of the Intergovernmental Working Group on the WHO Pandemic Agreement (IGWG6)
23 March 2026
Will countries at the World Health Organization (WHO) finalize negotiations this week on the Pathogen Access and Benefit Sharing (PABS) System to open way to signature of the Pandemic Agreement? Read the South Centre’s statement to the sixth IGWG:
MC14 in Yaoundé: Mapping of Member Submissions on WTO Reform
A Reference Note on Member and Group Submissions on WTO Reform, 19 March 2026
By Vahini Naidu
This reference note maps written submissions on WTO reform circulated to the WTO General Council between May 2024 and March 2026, to support negotiators’ preparations for MC14 in Yaoundé. It organises Member and group positions thematically, with comparative tables on issues such as decision‑making and consensus, special and differential treatment, plurilaterals, institutional governance, and dispute settlement, and includes a detailed comparison of the EU and Paraguay draft ministerial decisions on WTO reform. A final cross‑cutting section distils areas of convergence and divergence to offer a factual overview of the current reform landscape.
MC14 in Yaoundé: Consider, Endorse or Finalize? Mixed Procedural Signals in the WTO Reform Package
An Analytical Note on the Procedural Design of the MC14 WTO Reform Package, 17 March 2026
By Vahini Naidu
This note examines the procedural design of the MC14 WTO reform package and its implications for developing countries. It maps six conflicting formulations of what Ministers are expected to do with the draft reform texts, identifies an institutional tilt towards the Facilitator’s document, and shows how non‑binding breakout “takeaways” and informal small group consultations are being used to shape post‑MC14 work. It concludes with practical recommendations for safeguarding a genuinely member‑driven, consensus‑based reform process.
WTO arbitration on China’s standard patents policy threatens TRIPS balance and national autonomy
By Nirmalya Syam
This article critically examines the WTO arbitration award in China – Enforcement of Intellectual Property Rights (WT/DS611/ARB25), which marks a significant departure from established interpretations of Article 1.1 of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). The arbitrators endorsed a broad “anti-frustration” reading of the provision, effectively imposing cross-border obligations on WTO Members and challenging the autonomy of national courts. Although Article 1.1 of TRIPS was relied upon by the European Union only in conjunction with Article 28, the arbitrators treated it as an autonomous normative foundation for imposing cross-border constraints on members’ judicial measures. The article contends that this expansion of Article 1.1 goes beyond its text and structure, risks undermining legitimate public-interest measures, and opens the door to non-violation type complaints that are excluded from TRIPS. The analysis underscores the need to preserve the balance between IP enforcement and national policy space, especially in disputes involving public policy considerations.
The South Centre carries out multiple activities to support developing countries with policy-oriented research, inputs and advice for negotiations and capacity building. The Report summarizes the South Centre’s activities in 2025 and highlights the contexts in which they were conducted as well as the objectives that were pursued with their implementation.
MC14 in Yaoundé: Twenty Questions on the Process Documents
A Note on Questions Arising from the MC14 Documents Released on 6 March 2026, 9 March 2026
By Vahini Naidu
This note raises twenty questions arising from the MC14 process documents released on 6 March 2026. It examines whether the conference architecture is consistent with the Geneva First Principle, the WTO Rules of Procedure, and the member-driven character of the organisation.
