COVID-19 PANDEMIC: ACCESS TO PREVENTION AND TREATMENT IS A MATTER OF NATIONAL AND INTERNATIONAL SECURITY
Open letter from Carlos Correa, Executive Director of the South Centre, to
Tedros Adhanom Ghebreyesus, Director-General of the World Health Organization
Francis Gurry, Director-General of the World Intellectual Property Organization
Roberto Azevêdo, Director-General of the World Trade Organization
Mr. Martin Khor, a stellar personality and intellectual of the South, passed away on 1st April 2020 in Penang, Malaysia. Mr. Khor served on the Board of the South Centre (1996-2002) and as its Executive Director (2009-2018). The South Centre mourns this big loss and extends our condolences to his family. His work and contribution for the South shall live on. Rest in Peace Martin.
South Centre Tribute to Mr. Martin Khor (1951-2020)
Messages from the Board Members and Convenor of the South Centre
Very sad to learn about the passing away of our dear friend Mr Martin Khor.
He was an intellectual giant. His sterling service to the South Centre and to the rights of the South will always be remembered forever. His writings and talks were stimulating and thought-provoking. It is because of him that South Centre is still functioning as he led by example during its darkest days. His knowledge was always admired. He assisted many countries of the South, when he was Executive Director and even after his tenure was over. His single-minded devotion to the South was unmatched. He rose to the occasion defending the South’s priorities in many international fora. During my tenure as Ambassador and Permanent Representative of India, we had many useful interactions.
He was respected by his peers and his detractors. He had visited India several times and had many friends, including in high places, like our former Prime Minister Dr Manmohan Singh. We will miss him as a good friend of India. Personally it is a great loss . They do not make humans like him any more. He was always helpful and understanding.
Please convey our deepest condolences to Meena. May God bless his soul. RIP Martin.
– Ambassador Ajit Kumar, Convenor
I join in the expressions of sorrow at the passing of Martin Khor, who I knew for more than thirty years.
Martin was a giant among the many, past and present, who have been at the forefront of the struggle to promote and advance the cause of developing countries.
In truth, few so ably combined the qualities of activist and thinker! His steadfastness, courage, and intellectual honesty will be sorely missed.
Martin was, above all else, tireless! He not only constantly wrote to inform, influence, and persuade, but was constantly engaged, and was always ready to act in accordance with his beliefs.
His written output was prodigious: it reflected, in particular, a rare talent to treat technical and complex subjects simply and clearly. This ability was another of Martin’s unique and perhaps irreplaceable gifts.
The South, the Centre, and humanity are much the poorer now that he has left us.
– Ransford Smith, Board Member
The adverse human rights impact of economic inequality
By Blerim Mustafa
Increasing economic inequality is a defining challenge of our time. Economic growth can often be disproportionate and unequal, adversely affecting marginalized and disadvantaged groups in society. Economic inequality has had adverse economic, social and political impacts for social stability and cohesion, political participation, poverty reduction, as well as the enjoyment of human rights. The realization of human rights cannot be separated from broader questions of economic and social justice.
Request for Proposals: Strengthening and enhancing Lebanon’s institutional arrangements and capacity to enable and optimize access to the Green Climate Fund
(Open to Lebanese firms only)
The Green Climate Fund (GCF) is the world’s largest dedicated fund helping developing countries to act on climate change. It was established by the United Nations Framework Convention on Climate Change (UNFCCC) in 2010. By channeling climate finance to developing countries, the GCF plays a crucial role in serving the goals of the Paris Agreement on climate change, adopted in 2015. The Ministry of Environment in Lebanon is currently leading the implementation of the “Strengthening and enhancing Lebanon’s institutional arrangements and capacity to enable and optimize access to the Green Climate Fund” project (2020-2022) which aims at supporting Lebanon to efficiently tap into the fund.
The consultancy has one primary objective, and one secondary objective:
– The primary objective is to design an effective and efficient No-Objection Procedure for Lebanon as per GCF guidelines and requirements and based on international best practices and lessons learned.
– The secondary objective is to backstop the project management unit by undertaking specific assessments and analysis that will support the drafting of the Gap Assessment Report.
Intellectual Property and Trade Measures to Address the Covid-19 Crisis by the South Centre
The South Centre views with concern the attempts by some governments and industry players to monopolize the availability of treatments, diagnostics, medicines, medical supplies and devices needed for their own nationalist agenda or to maximize profit, ahead of societal interest in tackling the Covid-19 pandemic. The private enforcement of patents and government trade restrictions may pose a dire threat to the containment of this global public health emergency. Governments should act swiftly to put in place legislation and plans to ensure that patents and trade measures do not become barriers for access to those products.
The Comprehensive and Progressive Agreement for the Trans-Pacific Partnership: Data Exclusivity and Access to Biologics
By Dr. Zeleke Temesgen Boru
The test data rule concerning biological medicines (hereafter biologics) has been suspended from the scope of application of the Comprehensive and Progressive Agreement for the Trans-Pacific Partnership (CPTPP). While the suspension is commendable from the general standpoint of access to medicines and biologics in particular, the suspended provision may not provide assurance for the Parties to the CPTPP that they can rely on the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) flexibilities to promote access to biologics. In part this is because the Parties may end the suspension if and when they choose to do so. Simply put, the agreement does not promise that the suspended provision will remain suspended; rather, the Parties may revive the provision as originally negotiated under the Trans-Pacific Partnership (TPP) Agreement. The provision, if revived, may inhibit the Parties from implementing an obligation to ensure access to biologics, medicines that target chronic and rare ailments like cancer, clotting factors and several others.
Against this backdrop, this research paper focuses on the test data rule relating to biologics as negotiated under the TPP. In particular, it explores whether the CPTPP Parties would be able to use TRIPS flexibilities effectively to promote access to biologics, as advanced by international human rights instruments, in particular the International Covenant on Economic, Social and Cultural Rights (ICESCR). The paper also provides potential responses to the question of whether the test data rule deters the realization of access to biologics. In response, the author has determined that the rule on test data can limit access to biologics, as it would delay the entry of affordable biologics (biosimilars) into markets.
Spotlight: Africa and the Implementation of the Beijing Platform for Action
Regional Round-up on progress in implementing the Beijing Platform of Action in light of the upcoming 25th Anniversary of the platform. Spotlight: Africa.
Intersección entre Competencia y Patentes: Hacia un Ejercicio Pro- Competitivo de los Derechos de Patente en el Sector Farmacéutico
Por María Juliana Rodríguez Gómez
La interacción entre propiedad industrial, particularmente patentes farmacéuticas, y el derecho de la competencia, tiene un impacto en asuntos de interés general como los derechos a la salud, al acceso a los beneficios de la tecnología y a la libre competencia. La cuestión es cómo hacer compatible un mercado farmacéutico competitivo y dinámico, con el sistema de patentes, que otorga monopolios legales significativamente amplios sobre productos considerados innovaciones. A partir de un análisis legislativo y casuístico, se concluye que son necesarias mejores políticas pro competitivas -en especial en países en desarrollo- para enfrentar prácticas como el reverdecimiento (‘evergreening’) de patentes, los acuerdos para demorar la entrada de competidores y la negativa a licenciar, entre otras usadas en el sector farmacéutico para bloquear la entrada de la competencia. Los competidores, los consumidores y los sistemas de salud son vulnerables al creciente número de patentes y a esas prácticas. Diversas medidas pueden adoptarse, sin embargo, para lograr un balance entre la protección de la innovación y la competencia.
Flirting with the Private Sector: The GCF Private Sector Facility — achievements, challenges and constraints in engaging the private sector
By Rajesh Eralil, Mariama Williams and Dianyi Li
The Green Climate Fund (GCF) is committed to include the private sector as both driver and beneficiary of climate action. It envisions in particular the inclusion of not only large enterprises, but puts much emphasis on the cooperation with micro, small and medium-sized enterprises (MSMEs) in developing countries. This paper evaluates the state of play of the GCF work with the private sector and its MSMEs. It finds that the fund’s success in stimulating private sector engagement has been underwhelming and imbalanced. To begin with, only a minority of GCF projects are in fact private and a considerable amount of these projects operate through multilateral and other public institutions. GCF’s private sector projects show on top of that a strong bias towards energy access and generation, while only little funding goes to adaptation. Attempts to include MSMEs in developing countries have moreover been largely unsuccessful, although MSMEs constitute an important pillar of developing countries’ economies. It is suggested that there is a need for a bottom-up approach when dealing with the private sector in developing countries, including a more sustained and sustainable focus on MSMEs, including capacity building of MSME networks.
Contribution of the South Centre to the Report of the Secretary-General on the Implementation of UN General Assembly Resolution A/RES/74/7 dated 12 November 2019 on the “Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba”
The imposition of unilateral economic, financial and trade measures against Cuba, in violation of basic principles of the United Nations (UN) Charter, has severe socio-economic impacts on the Cuban population. The UN General Assembly adopted by an overwhelming majority the resolution “Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba” (document A/74/L.6). In response to the request in paragraph 4 of this resolution, the South Centre prepared a contribution to the report of the Secretary-General. This highlights, in particular, the obstacles that the US embargo poses for the attainment of the right to health in Cuba.
Antimicrobial Resistance: Examining the Environment as Part of the One Health Approach
By Mirza Alas
Antimicrobial Resistance (AMR) is a serious issue that is threatening the medical and agricultural advances of today. The connections that exist among human health, food production and the environment necessitate a One Health approach to address the challenge of AMR. Recent research points to the environment as an essential factor in the spread of AMR, as well as a possible reservoir of antimicrobial resistant bacteria and genes. The process, however, of the environmental transmission of resistance genes, along with their effects and how to mitigate them, is still being examined. As new research emerges, so to have new challenges regarding the selective pressure of antibiotics on the environment. AMR in the environment is not new, with resistance genes found even in isolated places (e.g. in permafrost or volcanoes) but understanding this natural process and its implications for tackling AMR continue to pose many questions. This paper aims to examine some of the emerging research on AMR from a One Health perspective and in particular to highlight the role of the environment. It will explore the use of antibiotics and their effects in different ecosystems, as well as the challenges they pose for developing countries: in particular, in designing policies to address antimicrobial resistance that take into account the connections among humans, animals and the environment.
India and recent updates on the OECD/G20 Inclusive Framework’s Two-Pillar Approach
By Subhash Jangala
The Organisation for Economic Co-operation and Development (OECD)/Group of Twenty (G20) Inclusive Framework in its January 2020 Statement has affirmed the commitment to arrive at a consensus-based solution to the tax challenges arising out of digitalization of the economy by the end of 2020 and take forward the on-going discussion on the two-pillar approach. This article examines some of the key issues in the Statement for developing countries, such as the scope, new nexus rules, role of accounting standards and proposed source rules. India’s proposal on profit attribution through a two-factor apportionment using employees and assets is mentioned as a potential option for country-wise thresholds in the new nexus.
