WIPO’s new Treaty on genetic resources and associated traditional knowledge – a long-awaited and groundbreaking step towards combatting biopiracy
By Wend Wendland
WIPO’s new Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge responds to an over 25 years’ demand by developing countries to combat biopiracy. The Treaty is the first intellectual property treaty for which those countries were the proponents. While the Treaty’s adoption on May 24, 2024 was a momentous milestone in the evolution of the patent system, it is critical that the Treaty’s paradigm-shifting political and symbolic importance be matched by its practical effectiveness.
WTO TRIPS Agreement: Insights from a Negotiator at the Uruguay Round of GATT
By Jayashree Watal
This article recounts how the TRIPS Agreement negotiations took place from the perspective of a participant in the negotiations. It outlines India’s concerns with the developed countries’ proposals and notes that most developing countries wrongly thought that TRIPS was about trade in counterfeit goods, a subject that was first broached at the end of the Tokyo Round in 1978-9. On the contrary, Industry associations of the US, EU and Japan had, quite early on in the negotiations in 1988, drawn up a legal text very close to what became the final text of the TRIPS Agreement.
History of the Negotiations of the TRIPS Agreement
By Carlos Correa
When the currently developed countries started their industrialization process, the intellectual property system was very flexible and allowed them to industrialize based on imitation, as it was notably the case of the United States. The international intellectual property system evolved since the end of the XIX Century based on a number of conventions on which the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) was later built on. Developing countries resisted the incorporation into the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) of broad disciplines on intellectual property, as they were conscious that they were disadvantaged in terms of science and technology and that a new agreement, with a mechanism to enforce its rules, would freeze the comparative advantages that developed countries enjoyed. Faced with the threat of not getting concessions in agriculture and textiles -that were crucial for their economies- they were finally forced to enter into negotiations of an Agreement, the terms of which were essentially dictated by developed countries. Coercion rather than negotiations among equal partners seems to explain the final adoption of this Agreement.
The Importance of Balanced Intellectual Property Systems for Patients’ Access to Medicines: An Analysis
By Archana Jatkar and Nicolás Tascón
Access to safe, effective, cost-effective, and quality-assured medicines is fundamental from a patients’ perspective. The International Generic and Biosimilar Medicines Association (IGBA) recently released a reporthighlighting the critical balance between innovation, competition, and timely access to medicines. This article delves into the key findings of IGBA’s report, their implications on patient access to medicines and national healthcare budgets, and the IGBA’s recommendations for improving the global pharmaceutical landscape.
South Centre Statement to the 66th WIPO Assemblies
July 2025
At the WIPO Assemblies, the South Centre calls for a balanced IP regime that supports development, links to the SDGs, and preserves national policy space. We back the GRATK Treaty, TK & TCE negotiations, and a Development Acceleration Fund.
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.
