The Right to Development: Principles, Realization and Challenges
By H.E. Mr. Ali Bahreini
The main theme of the 54th session of the Human Rights Council revolves around economic, social, and cultural rights, with a particular focus on the right to development. This article addresses the importance of the right to development, the Iranian perspective on it, and the impact of various challenges on its full and effective realization.
Statement
General Debate – Item 3
54th regular session of the Human Rights Council
South Centre
21 September 2023
The South Centre appreciates the presentation of the thematic reports, and the reports of the Working Groups on the Right to Development and Private Military and Security Companies.
The South Centre will continue supporting developing countries for the achievement of these objectives and the provision of innovative solutions for tackling the unique challenges faced by developing and least developed countries.
Statement during the Interactive Dialogue with the Special Rapporteur on the Right to Development
54th regular session of the Human Rights Council
South Centre
20 September 2023
The South Centre, as an intergovernmental organization of developing countries, welcomes the report prepared by the Special Rapporteur on the Right to Development on his vision for reinvigorating the right to development.
We thank the Special Rapporteur once again for considering the research undertaken and inputs provided by the South Centre in his report, and would like to reiterate our strong support for his important work and mandate.
Statement during the Interactive Dialogue with the Expert Mechanism on the Right to Development
54th regular session of the Human Rights Council
South Centre
20 September 2023
The South Centre, as an intergovernmental organization of developing countries, welcomes the annual report presented by the Expert Mechanism on the Right to Development.
We would like to express support to the Expert Mechanism on the Right to Development, highlighting that international cooperation and solidarity among States are indispensable means to achieve the objectives set out in the Declaration of the Right to Development.
Financial Support for Civil Society Advocacy during World AMR Awareness Week (WAAW) 2023
The South Centre invites applications from the members of the Antibiotic Resistance Coalition (ARC), other civil society organizations and research institutions from developing countries for limited financial funding (maximum 2000 USD) to design and launch or extend advocacy campaigns engaging communities to address AMR.
The scope of the campaigns can be human health, the human-animal interface, use of antimicrobials in food production systems, and the role of the environment in the transmission and spread of AMR.
The campaigns should take place around the World AMR Awareness Week 2023. The WAAW 2023 Theme is ‘Preventing Antimicrobial Resistance Together”, to be celebrated from 18 to 24 November 2023.
Deadline: 6 October 2023
Promoting Jordan’s Use of Compulsory Licensing During the Pandemic
By Laila Barqawi
This paper addresses the difficulties in utilizing Article 31 bis of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) on compulsory licensing for the export of pharmaceuticals during the pandemic through the case study of Jordan. This paper also recommends that Jordanian officials seek to capitalize on the pandemic whilst the Jordanian Defense Law and Orders are in effect to include Emergency Use Authorization (EUA) as a direct ground for applying compulsory licensing, introduce clauses similar to those introduced by countries who have signed FTAs with the US, as well as deactivate harmful clauses within its national laws that prevent the application and utilization of a compulsory license. Further, Jordanian officials should seek the opportunity, considering the change of stance of the Biden administration towards compulsory licensing, to re-negotiate favourable terms in the Jordanian – US Free Trade Agreement (JUSFTA). Moreover, Jordanian officials should also form a syndicate that calls for the overhauling of TRIPS at Article 31 bis when an EUA is invoked in any country.
Course for Judges on copyright and access to knowledge in the age of artificial intelligence (AI)
“Copyrights and Access to Knowledge in the Age of Artificial Intelligence”
Co-organized by the South Centre (SC) and Thailand’s Court of Appeals for Specialized Cases
23 August 2023
6th African Regional Conference
“Leave no one behind: Advancing One Health AMR National Action Plans Implementation in Africa”
Co-organized by the South Centre and ReAct Africa
14-16 August 2023
Lusaka, Zambia
COVID-19, Future Pandemics and the Africa Care Economy Index
By Salimah Valiani
In Africa, the care economy has long been unrecognised. At least since the last major pandemic in Africa, HIV-AIDS, caring work has been severely undervalued in the continent, and the redistribution of caring work, from females in the home and communities, is next to nonexistent. Undoing this structural inequality is crucial to improve health and wellbeing of girls and women in Africa, to be prepared for future pandemics, and to realise Africa’s demographic dividend for the benefit of the majority. To achieve this, the Africa Care Economy Index is offered as a policy, advocacy, and accountability tool.
Neglected Dimension of the Inventive Step as Applied to Pharmaceutical and Biotechnological Products: The case of Sri Lanka’s patent law
By Ruwan Fernando
Apart from the basic statutory definition in section 65 of the Intellectual Property Act of Sri Lanka, there do not appear to be any detailed statutory guidelines or judicial decisions to provide any framework for the assessment of inventive step in Sri Lanka. The current statutory definition is highly insufficient to evaluate the standard of obviousness in relation to biotechnological and pharmaceutical claims based on a combination or modification of a prior art reference.
The Courts in both developed and developing countries have adopted a variety of tests to evaluate the obviousness standard of a claimed invention based on a combination or modification of a prior art reference. Sri Lanka, as a developing country, should look at the development that has taken place in other jurisdictions and adapt the patent law to local conditions when developing tests or guidelines in a manner that is compatible with the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and its biotechnology/pharmaceutical policy guidelines.
This approach that is appropriate to Sri Lanka is twofold. First, it is most likely to prevent the issuance of patents on trivial or incremental inventions that do not provide any technical advance to the existing prior art and are a mere extension of what is already known in the prior art. Second, it is most likely to protect genuine technical advances to the existing prior art while at the same time enhancing competition and promoting local innovations so that the local researchers will be able to draw on the existing knowledge for the purpose of follow-on innovations.
Hacia una Agencia Latinoamericana y del Caribe de Medicamentos (AMLAC)
Por Germán Velásquez
El 26 de abril de 2023 en Acapulco, México, las Autoridades Reguladoras de Medicamentos de Colombia (INVIMA), Cuba (CECMED) y México (COFEPRIS) firmaron la “Declaración de Acapulco” para la creación de la Agencia Latinoamericana y del Caribe de Regulación de Medicamentos y Dispositivos Médicos (AMLAC). Esta declaración fué confirmada en Bogotá, Colombia el 16 de junio de 2023 en una reunión titulada “Convergencia regulatoria” por los responsables de las agencias reguladoras de medicamentos de Argentina, Brasil, Chile, Colombia, Cuba y México que acordaron la creación progresiva de una Agencia Latinoamericana y del Caribe de Medicamentos -AMLAC-.
La AMLAC fué creada para contribuir a la integración regional a través de la armonización y convergencia en materia de regulación sanitaria, la creación de un mercado regional de medicamentos en busca del acceso a medicamentos y dispositivos médicos seguros, eficaces y de calidad.
Assessing the State of Play in the WHO Pandemic Instrument Negotiations
By Viviana Muñoz Tellez
This Policy Brief discusses the state of play of the negotiations of the pandemic instrument at the World Health Organization. The Intergovernmental Negotiating Body (INB) is increasing its meetings as the target deadline for completion in the first half of 2024 draws closer. To advance, the political will needs to be scaled up in the next months. The expectations should not be lowered to focus on the lowest common denominator. Real progress needs to be made in priority areas of concern for developing countries to keep momentum.
