Access to medical products and reproductive rights
Side Event to the 59th Session of the Human Rights Council
23 June 2025
12:00 to 13:00
Room XXVII, Palais de Nations, Geneva, Switzerland
The pursuit of health equity, encompassing fair and just opportunities for all to achieve their full health potential, remains a paramount global challenge. The right to health is a fundamental part of our human rights and of our understanding of a life in dignity. This event will explore the indivisible links between equitable access to medical products, the advancement of sexual and reproductive health and rights (SRHR), and the strengthening of international cooperation as pillars for upholding this fundamental right for everyone, everywhere. The interconnectedness of these themes is central; they are not disparate issues but integral components of a holistic approach necessary to realise comprehensive health equity.
The side event is anticipated to significantly enhance participants’ understanding of the complex, intersecting challenges and opportunities in upholding health equity, particularly through improved access to medical products and the full realization of SRHR. The discussions aim to identify potential policy pathways, innovative approaches, and actionable strategies for key stakeholders to address existing inequities. Furthermore, a crucial outcome will be a reinforced commitment to multilateralism and collaborative action as essential tools for tackling global health challenges and advancing the right to health, with the dialogue contributing valuable insights to ongoing policy debates in relevant international fora, especially concerning the implementation of recent global agreements and agendas, while also strengthening networks and partnerships dedicated to health equity and human rights.
Scope of Compulsory License and Government Use of Patented Medicines
To meet public health needs governments can use compulsory licenses and government use as a tool for procurement and import of patented medicines. These mechanisms are provided for in most laws worldwide. The WTO TRIPS Agreement, as reaffirmed by the Doha Declaration on TRIPS and Public Health, recognises the right of WTO members to grant compulsory licenses and their freedom to determine the grounds upon which such licenses may be granted.
This table provides information of instances of their use.
User Rights Symposium 2025: Principles for Progress in Digital Copyright
Geneva, Switzerland
16-18 June 2025
This year’s symposium will be hosted by PIJIP’s Geneva Center on Knowledge Governance and the South Centre, with collaborating partners IFLA (International Federation of Library Associations and Institutions), the Knowledge Rights 21 Project, COMMUNIA Association for the Public Domain.
American University’s Program on Information Justice and Intellectual Property invites you to participate in this year’s annual meeting and Symposium of the Global Expert Network on Copyright User Rights in Geneva, Switzerland. The goal of this year’s symposium is to share research and deliberate over principles that guide protection of the public interest in the digital copyright issues WIPO is considering. We seek presentations of research and views on the following:
South Centre Statement to the WIPO Intergovernmental Committee on IP, Genetic Resources, Traditional Knowledge and Folklore 51st Session
May 2025
Read our statement on the future of the work by the WIPO Committee on IP, Genetic Resources, Traditional Knowledge and Folklore, following the conclusion of the WIPO GRATK Treaty. Viable options for an international legal instrument or instrument(s) on TK/TCEs are emerging with greater clarity. A final timeline for conclusion would support the negotiation process, with a date set for a Diplomatic Conference in the next biennium.
Cross-Border Enforcement of Copyright: A Special Emphasis on Court Decisions and Arbitral Awards
By Hany Salem
In today’s digitally interconnected world, copyright infringement frequently crosses national borders, presenting complex legal challenges for effective enforcement of intellectual property rights in general, and copyright in particular. This paper examines the challenges associated with cross-border copyright enforcement, particularly the critical role of Private International Law (PIL) in the recognition and enforcement of foreign court decisions and arbitral awards. Although foundational treaties such as the Berne Convention, the TRIPS Agreement, and the WIPO Copyright Treaty establish essential principles of international copyright protection, they offer very limited guidance on resolving procedural and jurisdictional issues that arise in cross-border Copyright disputes.
The analysis contends that the territorial nature of copyright law, compounded by fragmented and insufficiently developed PIL frameworks, creates legal uncertainty and inefficiency for rightsholders to secure effective remedies. To address these shortcomings, the study underscores the need for a more coherent and harmonized international PIL approach. It further explores the potential of soft law instruments – particularly the 2020 Kyoto Guidelines – as a constructive step toward resolving PIL issues related to international copyright disputes. By narrowing the gap between domestic legal systems and international enforcement mechanisms, these developments could significantly enhance legal predictability and access to justice in the global digital environment.
Application de l’Exception Bolar: Différentes approches dans le droit de l’UE
Par Dmytro Doubinsky
Ce Document de recherche aborde le problème toujours plus aigu de l’accès aux médicaments essentiels, en se concentrant sur le rôle des droits de propriété intellectuelle, en particulier les droits de brevet, qui restreignent l’accès en permettant des monopoles sur le marché pharmaceutique qui maintiennent les prix des médicaments à un niveau élevé. Le document explore l’exception Bolar, un mécanisme juridique conçu pour permettre aux fabricants de médicaments génériques de demander l’approbation réglementaire avant l’expiration d’un brevet, empêchant ainsi l’extension de facto des monopoles de brevets. L’étude examine la transformation de l’exception Bolar d’un cas juridique spécifique en un instrument important en matière de droit de la propriété intellectuelle, de droit commercial et de droit pharmaceutique. Elle analyse les principaux cadres juridiques internationaux et les directives européennes relatifs à l’exception Bolar et met en évidence les interprétations divergentes de l’exception dans les jurisprudences allemande et polonaise. Grâce à cette analyse comparative, le document encourage une mise en œuvre plus large des exceptions Bolar afin d’améliorer l’accès à des médicaments abordables et de réduire les coûts des soins de santé.
Statement by the South Centre to the WIPO Intergovernmental Committee on Intellectual Property, Genetic Resources and Associated Traditional Knowledge
South Centre is participating in the textual based negotiations in WIPO on the protection of traditional knowledge and traditional cultural expressions this week at IGC50 chaired by DPR of Brazil, Erika Watanabe Patriota. International rules are needed to protect the interests of indigenous and local communities and prevent misappropriation.
This paper argues that the global capitalist economy has been and is built on the monopolization of advanced technological knowledge through trade secrets and intellectual property rights protection, controlled by companies and countries of the Global North. Companies and countries in the Global South use commoditized knowledge or knowledge in the commons. In the colonial period this was largely confined to the production of agricultural commodities and now to carry out the bulk of production functions. This division of knowledge and the difference in returns to monopolized knowledge and knowledge in the commons drives global inequality. The paper points out that countries of the Global South that moved out of the middle-income trap did so by advancing from just using knowledge to also creating knowledge. Finally, it argues that there is a need to reform the system of intellectual property rights in order to promote inclusion and not exclusion.
The Riyadh Design Law Treaty: Harmonizing Global Design Procedures with Mixed Implications
By Nirmalya Syam
The Riyadh Design Law Treaty (DLT), adopted on November 22, 2024, aims to harmonize and simplify the global registration procedures for industrial designs. By standardizing procedural requirements across jurisdictions, the treaty seeks to create a more predictable and accessible system for designers, particularly benefiting small-scale designers and small and medium-sized enterprises (SMEs). However, the DLT can have implications for developing countries, as many lack significant design-intensive industries. Key provisions in the DLT include a 12-month grace period, deferred publication, divisional applications, and the option to require disclosures regarding traditional knowledge and cultural expressions used in a design. While the treaty enhances global design protection, concerns persist regarding its impact on local designers, market competition, and procedural fairness. The immediate advantages of the DLT for developing countries are limited, highlighting the need for continued technical assistance and capacity-building efforts.
Statement in Support of Discussions on Counterfeiting in the Biotechnology Sector and the Prevention of Biopiracy WIPO Advisory Committee on Enforcement (ACE)
Today at the 17th Session of the World Intellectual Property Organization (WIPO) Advisory Committee on Enforcement (ACE), the South Centre delivered its statement, emphasizing the need to prevent biopiracy while addressing counterfeiting in the biotechnology sector. A balanced IP enforcement approach is key to protecting biodiversity & traditional knowledge.
