Policy Brief 157, 15 April 2026

Pending the Moratorium: the Status of Non-Violation and Situation Complaints Under the TRIPS Agreement Following MC14

By Viviana Munoz Tellez, Nirmalya Syam

The 14th WTO Ministerial Conference (MC14), held in Yaoundé, Cameroon, concluded on 30 March 2026 without extending the moratorium on non-violation and situation complaints (NVSCs) under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement). This policy brief argues that the expiry of the moratorium does not render NVSCs automatically applicable to disputes under the Agreement. The requirement under Article 64.3 for the TRIPS Council to examine the scope and modalities of NVSCs and for the WTO Ministerial Conference to adopt a consensus decision thereon, has not been fulfilled.

Until such a decision is taken, NVSCs remain inapplicable to TRIPS disputes. However, unless the implications of the non-extension are addressed, it may discourage the adoption of measures in the public interest by developing countries and least developed countries (LDCs) which would be fully legitimate under the TRIPS Agreement. Any attempt to suggest that NVSCs are now applicable to the obligations under this Agreement in the interim should be firmly contested. Resolving this issue through continued discussions in the TRIPS Council must be prioritized.

(more…)

Policy Brief 98, July 2021

The Implementation of the UN Declaration on the Rights of Peasants and Other People Working in Rural Areas: what is next?

By Luis Fernando Rosales Lozada

The UN Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP) was adopted in December 2018. However, its application seems challenging. The South Centre organized a virtual meeting to discuss the implementation of the UNDROP on 4th June 2021, aiming to promote a debate about future actions to move forward the implementation of the UNDROP. The meeting provided an opportunity to listen to the views of government representatives, peasants’ associations, civil society organizations and academia. During the meeting, different questions were discussed such as how the current health and social crisis, caused by the COVID-19 pandemic, has impacted the situation of peasants, the role of the UNDROP in promoting and protecting peasants’ rights, the latest developments in the realization of the rights of peasants under the UNDROP and what steps are needed to promote its implementation.

(more…)