SC Statement to WIPO SCP 38, November 2026
South Centre Statement to the 38th Session of the Standing Committee on the Law of Patents (SCP) of the World Intellectual Property Organization (WIPO)
The South Centre, as the intergovernmental organization of developing countries, supports its Member States and other developing countries in using TRIPS flexibilities to advance public interest objectives. The SCP discussions must preserve national policy space and support development-oriented patent policies, instead of harmonizing standards of patent protection.
On exceptions and limitations, the new reference document on private and non-commercial use highlights legal uncertainties and gaps in empirical evidence. We call for further analysis in this regard. Future work of the SCP could also focus on security exceptions. Critically, the SCP should discuss how to utilize the reference documents in WIPO’s technical assistance.
On patent quality, we urge renewed attention to opposition systems and safeguards against evergreening through divisional applications, following up on findings of previous studies. Discussions on AI patentability and inventorship must preserve national flexibilities.
On patents and health, we urge the SCP to undertake an independent evaluation of WIPO’s technical assistance under Development Agenda Recommendation 14, assessing its impact on the effective use of TRIPS flexibilities. The SCP should focus on practical impediments to the use of TRIPS flexibilities for public health, moving beyond discussions limited to patent information database updates.
Finally, on technology transfer, the SCP should develop practical tools addressing patent-related barriers, particularly in health and green technologies, to support equitable diffusion of knowledge.
This article was tagged: Artificial Intelligence (AI), Intellectual Property, Patent, Public Health, Standing Committee on the Law of Patents (SCP), Technology Transfer, TRIPS Flexibilities, World Intellectual Property Organization (WIPO)
