Towards a Development-Oriented TRIPS Review Under Article 71.1
By Nirmalya Syam
This paper calls for a comprehensive, development-focused review of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) under Article 71.1, a process that has been mandated but never carried out. It critiques the narrow, compliance-driven approach favored by developed countries, which risks sidelining the broader developmental objectives enshrined in Articles 7 and 8 and reaffirmed by the Doha Declaration on the TRIPS Agreement and Public Health. Through a detailed analysis of the political context, procedural history, and legal mandates, the paper argues that the TRIPS review should center on the real-world impact of the Agreement on developing countries—particularly in areas such as public health, access to medicines, technology transfer, and innovation capacity. It proposes an impact assessment framework grounded in empirical indicators to evaluate how TRIPS has influenced public welfare, policy space, and economic development. Ultimately, the paper urges the World Trade organization (WTO) to fulfill its long-overdue obligation to reassess TRIPS not as a compliance checklist but as a living instrument that must align with global equity and development goals.
30 Years supporting advancing multilateral rules for the fair and equitable sharing of the benefits arising from the utilization of biological diversity
By Dr. Viviana Munoz Tellez
South Centre 30th Anniversary Series No. 1, 7 January 2026
Countries are bound through international agreements to advance biodiversity conservation, including by maintaining genetic diversity, to ensure sustainable use of biodiversity and advance both access and fair and equitable sharing of benefits from the utilization of genetic resources and associated traditional knowledge. These obligations are also reasserted in the United Nations (UN) agreed Sustainable Development Goals (SDGs).
There are several international agreements in which these issues are addressed, including the Convention on Biological Diversity (CBD), the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA Treaty), the Agreement under the UN Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ), as well as fora where these issues are debated or negotiated, such as those conducted under the auspices of the World Health Organization (WHO), the International Union for the Protection of New Varieties of Plants (UPOV), the World Intellectual Property Organization (WIPO), the United Nations Environment Programme (UNEP) and the World Trade Organization (WTO).
The South Centre has provided constant support over the years to developing countries in advancing their common interests in this field and ensuring coherence and synergies among the different conventions and negotiations.
WTO Reform: Reflections on Reform Week and Suggested Approaches for Breakout Groups
A Note Reviewing the Process and Reform Tracks in Advance of WTO Reform Week, 5 December 2025
By Vahini Naidu, Trade for Development Programme, South Centre
This note provides an assessment of the papers circulated by the WTO Reform Facilitator for Reform Week and highlights the structural gaps that limit their balance and practical value to move forward these discussions in a manner that takes the demands and interests of developing and least developed country Members into account. The current drafts reflect a narrow interpretation of the consultations, introduce elements that were not examined collectively and overlook mandated issues that continue to shape the functioning of the system. This note sets out the adjustments that Members may wish to propose to restore a development centred framing, make a clear distinction between descriptive reflections and new reform ideas, and ensure that any work proceeds in line with Ministerial instructions for a member driven, transparent and inclusive process. The aim is to place the discussion on a footing that reflects the full range of Member views and respects the mandates already agreed.
South Centre Statement submitted to Session One: Inclusive and sustainable economic growth leaving no one behind: Building our economies; the role of trade; financing for development and thedebt burden
South Centre Executive Director, Dr. Carlos Correa, spoke at the G20 Leaders’ Summit, congratulating South Africa’s successful G20 Presidency and stressing that any reform of the WTO should be development oriented & preserve S&DT.
Promoting a Symbiotic Relationship Between Trade Policy and Climate Action
By Vahini Naidu
This paper is based on remarks delivered in the lead up to COP30. It outlines how African countries are working to align trade, climate action, and development priorities through early transparency on climate-related trade measures, technology transfer, and the protection of policy space for green industrialisation. It also highlights the growing focus on critical minerals, the rise of unilateral climate-related trade measures, and the need to bring scattered initiatives into a coherent multilateral framework that supports fair and sustainable outcomes.
From Fragmentation to Impact: Strengthening Southern Agency in Global AI Governance
By Vahini Naidu and Danish
Artificial Intelligence (AI) is transforming production, trade and governance systems, yet global regulatory efforts remain fragmented and uneven. The multiplicity of forums, frameworks and initiatives, from UN processes to plurilateral and trade-centred mechanisms, has produced overlapping agendas and resulted in diminished participation from global South stakeholders. For developing countries, the challenge is to engage meaningfully in global AI governance while preserving national policy space and advancing sustainable development priorities.
This policy brief examines the evolving landscape of AI governance, focusing on its institutional fragmentation and the competing conceptions of regulation advanced through the UN, G20, BRICS, and other fora. It argues that coherent, development-oriented AI governance requires strengthening UN-anchored processes and linking AI regulation to industrial policy, innovation systems and data sovereignty. The brief concludes that inclusive, sustainable and responsible AI governance should support governments in enhancing their capacities to harness AI and emerging technologies to shape their digital transformation.
WTO Reform: Assessment of the Facilitator’s Communication and Process Ahead of the 4 November 2025 Plenary
An Informal Note Reviewing the Reform Tracks and Process in Advance of the 4 November Plenary, 2 November 2025
By Vahini Naidu, Trade for Development Programme, South Centre
This note provides an analytical assessment of the Facilitator’s Communication and process ahead of the WTO reform plenary held on 4 November 2025. It highlights the growing procedural opacity surrounding the reform process, characterised by informal, facilitator-led configurations that lack clear mandates, participation criteria, or official records of discussions. These methods have blurred the lines between Member-driven deliberation and Secretariat-managed processes, creating uncertainty over accountability, legitimacy and inclusiveness.
Substantively, the Facilitator’s synthesis elevates certain reform tracks, notably decision-making and level playing field, as forward-looking agendas, while confining the Development and S&DT track to a diagnostic or exploratory stage. This imbalance risks entrenching asymmetries rather than addressing them. By conflating S&DT with the broader development mandate, the Communication effectively narrows the systemic development agenda of the Marrakesh Agreement to a limited discussion of differentiation and eligibility.
Read together, the procedural and substantive dynamics reveal a process that is fragmented, imbalanced and at risk of being shaped by informal interpretations rather than by Member-driven decisions. The note calls for restoring transparency, reaffirming the primacy of consensus and re-centring development as the organising principle of WTO reform.
Reeling Towards Termination: Assessing the WTO Agreement on Fisheries Subsidies and the Future of Fisheries Disciplines
By Vahini Naidu
The WTO Agreement on Fisheries Subsidies (AFS, “Fish 1”) entered into force on 15 September 2025, introducing new disciplines on subsidies linked to illegal, unreported and unregulated fishing, overfished stocks, and certain high seas activities. While celebrated as a landmark achievement, the Agreement is partial in scope, omitting the broader category of capacity-enhancing subsidies that drive overcapacity and fish stock depletion. Its obligations rely on national determinations and extensive notifications that may prove burdensome for developing Members while allowing major subsidisers to retain flexibility. The unprecedented termination clause in Article 12 ties the Agreement’s survival to the adoption of additional “comprehensive disciplines,” underscoring both the fragility of the current outcome and the need for continued negotiations. The experience of Fish 1 reveals significant lessons for the proposed WTO reform, including the importance of reviewable and time-bound rules, the risks of imbalanced sustainability provisions, and the institutional weaknesses of restricted negotiating processes.
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.
This book presents reflections and research that highlight tensions in the negotiations on pandemic preparedness treaties and revisions to the International Health Regulations, underscoring the geopolitical divide between developed and developing countries. It advocates regional health initiatives as a response to the multilateral impasse and reflects on the erosion of foundational public health concepts such as “essential medicines”.
New pandemics are inevitable. How can we best prepare for them and, above all, how can we avoid the mistakes and injustices made during the COVID-19 pandemic?
How can equitable access to medicines and diagnostics be guaranteed when they are produced in a small number of countries? How can we explain the fact that current funding for cooperation in the field of health is in the hands of a small group of Northern countries and foundations from the North? How can the role of the World Health Organization be strengthened? WHO now plays only a minor role in coordinating public health policies. How is it that the concept of “essential medicines”, a major advance in public health policy, is being replaced by that of “medical countermeasures”, a term more in line with the private sectors?
Preparing for future pandemics forces us to ask ourselves: how can we safeguard the general interest, the defense of human rights and public health?
Negotiating Global Health Policies: Tensions and Dilemmas is essential reading for negotiators from the 194 member countries of the World Health Organization (WHO), the World Trade Organization (WTO), and the World Intellectual Property Organization (WIPO) who participate in international negotiations on health and development. Academics and students of medicine, health sciences, law, sociology and political science, as well as intergovernmental organizations and non-governmental organizations who work on access to medicines and global health issues, also would find the book of interest.
Author: Germán Velásquez is Special Adviser, Policy and Health of the South Centre in Geneva, Switzerland. Previously, he was Director of the Secretariat on Public Health, Innovation and Intellectual Property at WHO. He represented WHO at the WTO TRIPS Council from 2001 to 2010. He is the author and co-author of numerous publications on health economics and medicines, health insurance schemes, globalization, international trade agreements, intellectual property and access to medicines.
He obtained a Master’s degree in Economics and a PhD in Health Economics from Sorbonne University, Paris. In 2010, he received a Honoris Causa PhD on Public Health from the University of Caldas, Colombia and in 2015 he received another Honoris Causa PhD from the Faculty of Medicine of the Complutense University of Madrid, Spain.
Trump and the Return of the Nation-State: Hegemony and Crisis of the Neoliberal Global Order
By Humberto Campodonico
This article examines the deepening crisis of the global economic and trade order established after World War II, a crisis accelerated by Donald Trump’s return to the United States presidency. Trump has adopted a stance openly hostile to neoliberal globalization, promoting instead a project centered on reinforcing the nation-state, employing commercial coercion, and using economic power to preserve US hegemony by neutralizing China. His “reciprocal tariffs” and the “Big Beautiful Bill” illustrate this shift, breaking with the World Trade Organization and consolidating elite power while sharply reducing social spending. Far from correcting the inequities of neoliberal globalization, these measures channel the social dislocations of deindustrialization and the impoverishment of the US Rust Belt into an authoritarian discourse of economic sovereignty.
The article situates this process within the broader crisis of democratic capitalism, marked by declining trust in liberal democracy and the rise of populisms and authoritarian regimes that capitalize on discontent without offering redistributive solutions. The analysis draws on Graham Allison’s “Thucydides Trap” and Carla Norrlöf’s reading of Ibn Khaldun to explain both hegemonic rivalry and internal fragmentation. Finally, it explores alternatives to the failed neoliberal order and argues for opening a collective debate on a new international system in which the Global South must play a role.
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