Issues

Policy Brief 115, 14 February 2023

Policy responses for fostering South-South and Triangular Cooperation in response to the food crisis in the area of trade

By Peter Lunenborg

The Russia-Ukraine conflict since 24 February 2022 and the various sanctions imposed on Russia are having tremendous global repercussions, including on developing countries. This world is already experiencing multiple crises such as COVID-19 and measures in response to the virus including lockdowns, money printing and increases in government debts, conflicts and tensions in other parts of the world as well as climate change and extreme weather events such as extreme flooding or droughts. The conflict is compounding and aggravating these shocks.

In the short to medium term, prices in particular for energy (oil, gas), derived products (fertilizers) and food (in particular cereals) will remain elevated. Availability might also suffer. As a result, food insecurity is and will remain a serious concern in the near and medium term. Policy actions are required to mitigate any potential famine(s) which may arise and to build resilience for the future.

This paper explores concrete options for developing countries to address food insecurity in the short, medium and long term, including purchase policies, better implementation of WTO rules and increase in domestic investment in wheat and fertilizers production.

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Research Paper 174, 13 February 2023

Leading and Coordinating Global Health: Strengthening the World Health Organization  

By Nirmalya Syam

The World Health Organization (WHO) should act as the directing and coordinating authority in global health but it has been steadily marginalized over time by design, through criticism as an inefficient organization, the reduction of assessed contributions and consequent impoverishment, and the proliferation of “new” international health agencies to which WHO has been compelled to cede operational space. This paper discusses how such marginalization of the WHO is in the interest of the dominant actors in global health, and leads to the neglect of health as a development issue. Today the global health system is more fragmented than it was when the WHO was established in 1948. Rich donor countries and corporations dominate multistakeholder governance structures in health partnerships, marginalizing most of the WHO membership and, notably, the Global South, in their decision-making. A consequence of this fragmentation in global health governance is that the space of the only multilateral organization where developing countries have an equal presence in terms of participation and decision-making as sovereign States –WHO– has been marginalized. Consequently, the development dimension of health is also marginalized and only the development assistance aspects of it receive major attention through vertical programmes and agencies addressing limited health needs without effectively addressing the basic need of strengthening health systems. Therefore, for developing countries it is imperative that WHO is effectively retooled to act as the leading and coordinating authority on global health with adequate legal powers, as well as institutional and financial capacities to do so without undue influence from donor countries and entities that have interests in the private sector. This would enable WHO to ensure that the interests of all countries are fairly addressed in its normative and operational activities. Such a transformation of WHO would require action both within and outside the organization. The paper proposes some suggestions in this regard.

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SC Statement at OHCHR Workshop on COVID-19 & Inequalities, 7 February 2023

Written Statement at the Workshop on Promoting and protecting economic, social and cultural rights within the context of addressing inequalities in the recovery from the COVID-19 pandemic

Measurement and elimination of global poverty and inequalities

Carlos Correa, Executive Director, South Centre

7 February 2023

Organized by the Office of the United Nations High Commissioner for Human Rights (OHCHR)

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Research Paper 173, 7 February 2023

Analysis of COVID-Related Patents for Antibodies and Vaccines

By Kausalya Santhanam

This paper provides an analysis of patents covering selected antibodies and vaccines used in the treatment or prevention of COVID-19. The aim of the report is to support national patent offices and interested parties in developing countries with information that can serve as guidance for the examination of the claims contained in relevant patents or patent applications. The antibody combination considered for the patent analysis in this paper are Casirivimab and Imdevimab. The vaccines considered for the patent analysis are mRNA-1273, Sputnik, ChAdOx1 nCoV-19 vaccine (AZD1222). The analysis was completed in May 2022.

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A Right to Research in Africa?, 23-27 January 2023

A Right to Research in Africa?

A Week of Events on Copyright and Access to Knowledge in South Africa

The Program on Information Justice and Intellectual Property of the American University Washington College of Law (PIJIP) is co-organizing a week of debates on copyright and access to knowledge in South Africa the week of January 23rd, with a coalition of three university groups and four civil society organizations.

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SC-AU Workshop on WIPO Issues, 13-14 December 2022

South Centre – African Union Workshop on WIPO Issues

13-14 December 2022 at the Montreux Room – Centre de Conférences de Varembé (CCV), Geneva

In light of the Recommendations of the AU/AG workshop of December 2019 and the latest developments at SCCR/42, the African Group Coordinator, the South Centre and the African Union Permanent Mission in Geneva proposed a preparatory coordination workshop.

The workshop is co-organized by the South Centre, the African Union Permanent Representation in Geneva and the Permanent Mission of Algeria in Geneva (Coordinator of the African Group for WIPO issues).

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SC Contribution – WITHDRAWAL OF DIGITAL SERVICES TAXES & RELEVANT SIMILAR MEASURES, 25 January 2023

COMMENTS ON PILLAR ONE – AMOUNT A: DRAFT MULTILATERAL CONVENTION PROVISIONS ON DIGITAL SERVICES TAXES AND OTHER RELEVANT SIMILAR MEASURES

The BEPS Monitoring Group, 25 January 2023

The BEPS Monitoring Group submitted comments to the public consultation on the draft provisions on withdrawal of Digital Services Taxes and ‘relevant similar measures’. Abdul Muheet Chowdhary, Senior Programme Officer of the South Centre Tax Initiative, was a contributor.

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Document de Recherche 171, 31 janvier 2023

Directives pour l’examen des demandes de brevet relatives aux produits pharmaceutiques

Par Carlos M Correa

Ce document fait suite à un document antérieur, Directives applicables à l’examen des brevets pharmaceutiques: examen des brevets pharmaceutiques du point de vue de la santé publique, publié en 2007 comme document de travail par le Centre international pour le commerce et le développement durable (CICDD), la Conférence des Nations Unies sur le commerce et le développement (CNUCED) et l’Organisation mondiale de la santé (OMS).

Le présent document tient compte des évolutions survenues depuis la publication du document de travail CICDD-CNUCED-OMS en 2007. Il comprend de nouveaux exemples de demandes et/ou de délivrance de brevets, ainsi qu’une analyse et des références aux initiatives d’un certain nombre de pays qui ont adopté des lois et/ou des politiques visant à prendre en compte les considérations de santé publique dans l’examen des demandes de brevets.

Avec ce document, l’objectif est de fournir des orientations pour l’élaboration ou la révision de directives sur les processus d’examen des brevets dans les pays en développement, en réponse aux préoccupations concernant l’augmentation du nombre de brevets dans le secteur pharmaceutique. À cette fin, un certain nombre de recommandations sont formulées en ce qui concerne l’examen des demandes de brevetabilité relatives aux produits et procédés pharmaceutiques.

Ce document est une traduction de la version originale des “Directives pour l’examen des demandes de brevet relatives aux produits pharmaceutiques” publiées en anglais par le Programme des Nations Unies pour le Développement (PNUD). Le South Centre remercie le PNUD pour l’aimable autorisation de publier cette version non officielle. Traduit pour le South Centre par M. Natanael França.

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SouthViews No. 244, 31 January 2023

Graduating from the LDC Group: Challenges Facing Bangladesh

by Mustafizur Rahman

A significant number of LDCs will be graduating in the near term future. On graduation these countries will face formidable challenges as they will lose the benefits accruing from LDC-specific international support measures. Bangladesh is the first major LDC which is slated for graduation, to take place in November 2026. This article examines the various graduation challenges facing Bangladesh, and articulates some of the strategies that the country needs to pursue in order to graduate with momentum and make graduation sustainable.

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South Centre Comments on Pillar One – Amount B, 25 January 2023

South Centre Comments on Pillar One – Amount B

The South Centre provided its comments to the OECD Secretariat on Pillar One – Amount B. Amount B is part of the components of Pillar One to address the tax challenges arising from the digitalization of the economy. It seeks to simplify transfer pricing rules for ‘baseline’ marketing and distribution functions.

Transfer pricing remains a highly complex and challenging area for developing countries. The ultimate objective of transfer pricing is to determine a market price for intra-company transactions, but doing this in practice is a largely subjective exercise, which makes it prone to abuse and profit shifting. Developing countries lose billions of dollars in revenue each year due to abusive transfer pricing.

Amount B is important for developing countries as it seeks to provide a simple method through which in-scope intra-company transactions can be priced, which can potentially ease tax administration, reduce disputes and increase tax certainty. However, the current form of the proposal renders it highly complex and unlikely to achieve its stated objective of simplification.

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South Centre Comments on the Amount A Draft MLC Provisions on DSTs & Other Relevant Similar Measures, 20 January 2023

South Centre Comments on the ‘Amount A Draft Multilateral Convention Provisions on Digital Services Taxes and Other Relevant Similar Measures

The South Centre provided its comments to the OECD Inclusive Framework’s Task Force on Digital Economy (TFDE) on the Draft Multilateral Convention Provisions on Digital Services Taxes and other Relevant Similar Measures under Amount A of Pillar One (MLC). This MLC is part of the components of Pillar One to address the tax challenges arising from the digitalization of the economy. It aims to restrict countries which sign to the Pillar One MLC from implementing any digital tax policy solution apart from the OECD’s, such as Digital Service Taxes (DSTs) and other relevant similar measures.

These draft provisions are amongst the most controversial aspects of the Pillar One rules, as countries which decide to implement the OECD solution will be expected to give up the use of DSTs and similar measures on all companies, not just those in-scope of Amount A.

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