Towards an Operative Pathogen ABS System: Implementing the Equal Footing Requirement of Article 12 of the WHO Pandemic Agreement
By Viviana Munoz Tellez, Nirmalya Syam
Multilateral negotiations on the Pathogen Access and Benefit-Sharing (PABS) system remain deadlocked. As required by Article 12 of the World Health Organization (WHO) Pandemic Agreement, the annex operationalizing the PABS system must place on equal footing the rapid and timely sharing of PABS Materials and Sequence Information with the rapid, timely, fair and equitable sharing of benefits that arise from their sharing and utilization. The Annex cannot impose binding sharing obligations on State Parties while making it optional for users of PABS Materials to opt in to the PABS system voluntarily, without legally binding obligations on benefit sharing arising from the utilization of PABS Materials and Sequence Information. The Annex also cannot create a hybrid system providing alternative routes for access, either “open” or “restricted”. This would be inconsistent with Article 12 of the Pandemic Agreement and with the obligations of parties under the Convention on Biological Diversity and its Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization. The Annex must include a standardized contractual framework binding all actors in the PABS chain, a minimum manufacturer participation threshold before country obligations become active, and ensure benefit-sharing is not confined to pandemic emergencies.
Input for the Special Rapporteur on the Right to Development
For the 2026 thematic reports to the Human Rights Council on “Participation in development” and to the United Nations General Assembly on “Peace for development”
South Centre
April 2026
The South Centre has submitted its latest input to the UN Special Rapporteur on the Right to Development for the 2026 thematic reports on “Participation in Development” and “Peace for Development”.
Our report underscores that development is not a charitable concession but an inalienable human right. To overcome the structural violence of the current international order, we advocate for:
Reforming the Global Architecture: Democratising the Bretton Woods institutions and the UN Security Council to rectify the historical underrepresentation of Africa, Latin America, and Asia.
A “Human Rights Economy”: Transitioning from voluntary corporate “tick-box” exercises to a Legally Binding Instrument (LBI) that ensures extraterritorial accountability for transnational corporations.
Dismantling “Regulatory Chill”: Reforming the Investor-State Dispute Settlement (ISDS) system, which currently prioritizes corporate profits over the policy space needed for development and climate justice.
A Paradigm Shift to “Positive Peace”: Redirecting a portion of the $2.7 trillion global military expenditure toward the SDGs and grant-based climate reparations.
Substantive Justice: Recognising traditional and indigenous knowledge as valid evidence in policy-making and ensuring reparative justice for historical dispossessions.
Engaging the UN Scientific Panel on Artificial Intelligence for the Global South
By Danish
The UN General Assembly has set up the new Independent International Scientific Panel on Artificial Intelligence to assess how the development and deployment of AI technologies are creating risks, impacts and opportunities. Co-chaired by Maria Ressa and Yoshua Bengio, the Panel will be presenting its inaugural report in July 2026. This paper presents significant priorities for developing and least developed countries around AI impacts, benefit-sharing and governance, and provides some recommendations on how these priorities can be addressed by the Panel for promoting sustainable development in the global South.
Pending the Moratorium: the Status of Non-Violation and Situation Complaints Under the TRIPS Agreement Following MC14
By Viviana Munoz Tellez, Nirmalya Syam
The 14th WTO Ministerial Conference (MC14), held in Yaoundé, Cameroon, concluded on 30 March 2026 without extending the moratorium on non-violation and situation complaints (NVSCs) under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement). This policy brief argues that the expiry of the moratorium does not render NVSCs automatically applicable to disputes under the Agreement. The requirement under Article 64.3 for the TRIPS Council to examine the scope and modalities of NVSCs and for the WTO Ministerial Conference to adopt a consensus decision thereon, has not been fulfilled.
Until such a decision is taken, NVSCs remain inapplicable to TRIPS disputes. However, unless the implications of the non-extension are addressed, it may discourage the adoption of measures in the public interest by developing countries and least developed countries (LDCs) which would be fully legitimate under the TRIPS Agreement. Any attempt to suggest that NVSCs are now applicable to the obligations under this Agreement in the interim should be firmly contested. Resolving this issue through continued discussions in the TRIPS Council must be prioritized.
Access to Medicines and Intellectual Property: taking advantage of TRIPS flexibilities for post-COVID-19 resilience in Africa
By Ismaelline Eba Nguema
The call by India and South Africa for the provisional lifting of patents on pharmaceutical products has had the merit of putting the issue of access to medicines and public health back on the agenda. However, the difficulty of reconciling access to medicines and intellectual property has many factors which cannot be reduced solely to the commitments of WTO member states. A more in-depth analysis reveals the intrinsic limitations of some of its members. These include the weakness of the legislative and regulatory framework in some countries, such as those on the African continent. Consequently, the aim of this article is to demonstrate that effective use of the flexibilities in the TRIPS Agreement is only possible if African countries equip themselves with an appropriate legal framework, in addition to the judicial institutions that are supposed to guarantee the effectiveness of the standards adopted. The methodology used consisted of an exegesis of various documents, including articles, working documents of the TRIPS Council, declarations and resolutions of various bodies, as well as the national case law of certain WTO members, etc. This method led us to conclude that the compatibility between access to medicines and intellectual property is caught between human rights and economic interests. However, for the TRIPS flexibilities to be fully utilized by African countries, they would benefit from reforming their legal frameworks to take advantage of the flexibilities in the TRIPS Agreement.
Addressing Barriers to Accessing Monoclonal Antibodies (mAbs) in Developing Countries: Challenges and Potential Solutions
By Nirmalya Syam
Monoclonal antibodies (mAbs) have revolutionized treatment in oncology, autoimmune disorders, and infectious diseases due to their high specificity and efficacy. However, access to mAbs in developing countries remains severely limited due to high costs, market concentration in high-income regions, regulatory hurdles, and intellectual property barriers. Despite the potential of biosimilars to enhance affordability, their availability remains restricted due to expensive development processes, patent thickets, and complex regulatory requirements. The dominance of multinational pharmaceutical companies in the market further restricts competition, delaying biosimilar approvals and preventing price reductions. Additionally, regulatory agencies in developing countries often lack the resources to expedite biosimilar approvals, further exacerbating delays in access.
Policy interventions such as improved regulatory harmonization, stricter patent examination guidelines, and expanded public investment in mAb production are necessary to address these barriers. The adoption of the revised 2022 WHO Similar Biotherapeutic Products (SBP) Guidelines could streamline biosimilar approval by reducing unnecessary comparative clinical trials. Moreover, technology transfer initiatives and market-shaping incentives, including compulsory licensing, could help lower costs and accelerate the availability of mAbs in underserved regions.
By implementing these strategies, developing countries can bridge the access gap, ensuring that lifesaving mAb therapies reach the patients who need them most. A coordinated global effort involving policymakers, regulators, and industry stakeholders is essential to establishing a sustainable and equitable mAb supply chain.
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.
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:
