The Golden Flower and the Blue Diamond: From Patent Law to Biodiversity Regimes and Guidelines
By Leïla Mamoni
In 2010, at the World Intellectual Property Organization (WIPO), an Intergovernmental Committee started its negotiations that notably aim at protecting traditional knowledge from fraudulent patents. On that same year, French company Chanel Parfums Beauté committed itself to combatting this monopolization that encroaches on the public domain. With a limited scope, this research paper examines this initiative and looks into two patent applications that the company withdrew. It also raises questions pertaining to the biodiversity regime or guidelines of the countries where the bioprospection was conducted, namely India and Madagascar. While the adoption of the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge marks a significant step, both examples remind us of the difficulty of establishing a fraudulent intent, as provided for in the treaty. To address that difficult task, this paper suggests that countries with limited administrative capacities may consider the possibility of relying on South-South cooperation.
An Analytical Note on the DG’s Revised Road to Yaoundé MC14 Working Draft (JOB/TNC/127/Rev.2/Add.1), 26 January 2026
By Vahini Naidu, Trade for Development Programme, South Centre
This paper provides an analytical assessment of the revised “Road to Yaoundé” for the Fourteenth WTO Ministerial Conference (MC14). It examines the design of the proposed Ministerial programme and process, with a focus on their implications for inclusivity, balance, collective ministerial engagement, and the legitimacy of outcomes. The analysis considers how structural and procedural choices may shape ministerial deliberation and political signalling at MC14, particularly in light of the long-overdue fulfilment of development mandates and growing systemic challenges facing the multilateral trading system.
Decisiones judiciales y sostenibilidad del sistema de salud: tensiones y desafíos. El caso de Argentina
Por José Luis Cassinerio y Silvina Andrea Bracamonte
En las últimas décadas, la judicialización de la salud en Argentina ha adquirido dimensiones crecientes tanto en términos cuantitativos como cualitativos. No solo ha aumentado el número de causas judiciales, sino también la complejidad de las tecnologías sanitarias reclamadas, muchas de ellas de alto costo, eficacia limitada o con escasa evidencia científica. Este fenómeno desafía los marcos institucionales, jurídicos y sanitarios, y obliga al Poder Judicial a resolver conflictos que tensan la frontera entre derechos individuales, racionalidad médico-científica, equidad en el acceso y sostenibilidad del sistema. En este trabajo se analiza la estructura del sistema de salud argentino, las características de las decisiones judiciales en materia sanitaria y la necesidad de construir un enfoque interdisciplinario que incorpore dimensiones jurídicas, clínicas, económicas y bioéticas. Se propone avanzar hacia estándares judiciales más previsibles que protejan derechos individuales sin erosionar los principios éticos de distribución de recursos en salud.
Trade Policy Uncertainty and Impacts on Developing Countries’ Exporters: The Case of Sri Lanka
By Anushka Wijesinha and Senith Abeyanayake
Key Takeaways:
Rapid increases in uncertainty have material implications for economies. Each tariff announcement by the US President triggered a fresh round of uncertainty and speculation, with ambiguities of implementation and frequent changes in timelines.
Global indices tracking uncertainty are recording historic highs in recent months.
Our study of Sri Lankan export-oriented firms finds that there is wide variation in how, and to what extent, trade policy uncertainty has affected them. Firms experienced mixed impacts on orders to the US, with differences observed both within and across sectors.
Buyer reactions to tariff announcements were mixed, with some ‘wait-and-see’ approaches and some margin shrinkage. Exporters have taken diverse measures to adapt to the uncertainty, ranging from absorbing margin losses to commencing export diversification.
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.
