Development Agenda as part of the development agenda
WTO Doha Round, Doha Ministerial Declaration
Declaration on TRIPS Agreement and Public Health
developments in human rights, public health, biological diversity, food and agriculture, information and communication
concurrently, Argentina and Brazil introduced Development Agenda proposal at WIPO
-concern that WIPO was not fulfilling its mission as a UN specialized agency to promote development of less developed countries
History of the Process
First proposal made in October 2004 by 13 developing countries
to eliminate the historical “bias against latecomers to the intellectual property policy field – developing countries”
“to position WIPO in a better position to contribute towards tackling the key challenges of the 21st century and thereby the achievement of the MDGs”
History of the Process
Basic concern:
Ensure that WIPO activities and discussions lead to development- oriented results
Reasons:
Ip not an end in itself, but a means for promoting public interest, innovation and access to s&t
Credibility of IP system undermined by promoting benefits of protection, without acknowledging public policy concerns
Two types of reforms: i. enhance WIPO’s development dimensions and reform the institution ii. restore balance in international IP system
Consideration by Member States:
Fifteen papers containing 111 proposals by Member States
Consideration by the WIPO General Assembly, Inter-sessional Intergovernmental Meetings (IIMs), Provisional Committee on Proposals Related to WIPO Development Agenda (PCDA)
Active participation of NGOs – 33 new NGOs accredited
The WIPO Development Agenda: Background
In October 2007: milestone agreement
The GA established the WIPO Development Agenda to mainstream development into all areas of activity of the organization
Adoption of 45 recommendations
Establishment of the Committee on Development and Intellectual Property (CDIP)
CDIP
Mandate of the cdip:
develop a work-program for implementation of the 45 recommendations
monitor, assess, discuss and report on the implementation of all recommendations adopted
discuss IP and development related issues as agreed by the Committee, as well as those decided by the General Assembly
Six sessions of CDIP have been held Next session in May 2011
DA Recommendation - The Clusters
The 45 recommendations are grouped into 6 clusters: A. Technical Assistance and Capacity Building (14 recommendations)
B. Norm-setting, Flexibilities, Public Policy and Public Domain (9 recommendations)
C. Technology Transfer, Information and Communication Technologies and Access to Knowledge (9 recommendations)
D. Assessment, Evaluation and Impact Studies (6 recommendations) E. Institutional Matters (6 recommendations) F. Other Issues (1 recommendation)
DA Recommendation - The Clusters
Institutional Matters - 6
Assessments and Studies - 6
Others - 1
Tech Assistance - 14
Tech Transfer - 9
Norm Setting - 9
EXAMPLES OF DEVELOPMENT AGENDA RECOMMENDATIONS
Recommendation 7 (Cluster A)
Promote measures that will help countries deal with intellectual property-related anti-competitive practices, by providing technical cooperation to developing countries, especially LDCs, at their request, in order to better understand the interface between IPRs and competition policies.
Recommendation 15 (Cluster B)
Norm-setting activities shall:
be inclusive and member-driven; take into account different levels of development; take into consideration a balance between costs and benefits;
be a participatory process, which takes into consideration the interests and priorities of all WIPO Member States and the viewpoints of other stakeholders, including accredited inter- governmental organizations (IGOs) and NGOs; and
be in line with the principle of neutrality of the WIPO Secretariat.
Recommendation 16 (Cluster B)
Consider the preservation of the public domain within WIPO’s normative processes and deepen the analysis of the implications and benefits of a rich and accessible public domain.
Recommendation 19 (Cluster B)
To initiate discussions on how, within WIPO’s mandate, to further facilitate access to knowledge and technology for developing countries and LDCs to foster creativity and innovation and to strengthen such existing activities within WIPO.
Recommendation 35 (Cluster D)
To request WIPO to undertake, upon request of Member States, new studies to assess the economic, social and cultural impact of the use of intellectual property systems in these States.
Recommendation 45 (Cluster F)
To approach intellectual property enforcement in the context of broader societal interests and especially development-oriented concerns, with a view that “the protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations”, in accordance with Article 7 of the TRIPS Agreement.
DA Implementation
Mainstreaming of Development Agenda principles
Organization wide implementation through linkages in Program and Budget
Project based implementation (23 projects at different stages of implementation)
Approximate 23 million Swiss francs committed so far
Work of CDIP – 3rd session
Establishment of a project-based methodology for implementation of recommendations
Discussion on implementation report on recommendations mainly containing principles (the 19 recommendations)
Preliminary approval of three new projects
Initial discussion on a coordination mechanism and monitoring, assessing and reporting modalities
Work of CDIP – 4th session
Implementation reports on projects pertaining to recommendations 2, 5, 8, 9 and 10
Project proposals on:
Developing Tools for Access to Patent Information (Recs. 19, 30 and 31)
Enhancement of WIPO’s RBM Framework (Recs. 33, 38 and 41)
IP and Technology Transfer (Recs. 19, 25, 26 and 28) – Not approved
Proposals from Japan and the Republic of Korea Final approval of three revised projects from CDIP 3
Continued discussion on coordination mechanism and monitoring, assessing and reporting modalities
Work of CDIP – 5th Session
Director General’s Report on the Implementation of the Development Agenda
Adoption of the Coordination Mechanism and Monitoring, Assessing and Reporting Modalities
Report on WIPO’s Contribution to the United Nations’ Millennium Development Goals (MDGs)
Patent-Related Flexibilities in the Multilateral Legal Framework and Their Legislative Implementation at the National and Regional Levels
Approved Projects: Intellectual Property and Socio-Economic Development
Intellectual Property and Product Branding for Business Development in Developing Countries and Least-Developed Countries (LDCs)
Capacity-Building in the Use of Appropriate Technology Specific Technical and Scientific Information as a Solution for Identified Development Challenges
IP and Technology Transfer (Recs. 19, 25, 26 and 28) – to be reconsidered
Work of CDIP – 6th Session
Discussion of the Coordination Mechanism and Monitoring, Assessing and Reporting Modalities
Paper on future work on flexibilities in the IP system
Discussion paper on IP and brain drain (to be presented as a project), and IP and the informal economy
Project proposal from Egypt on enhancing cooperation on IP and development among developing countries and LDCs (for further discussion)
Approved Projects: IP and technology transfer (Recs. 19, 25, 26 and 28) Open collaborative projects and IP-based models
Patents and the public domain to be reconsidered
Work of CDIP – 9th Session
External Review of WIPO Technical Assistance in the Area of Cooperation for Development, and Management Response
Scoping study copyright and related rights in the public domain
Paper on future work on flexibilities in the IP system Evaluation reports on six completed projects
Project proposal from Egypt on enhancing cooperation on IP and development among developing countries and LDCs (to be revised and further discussed)
DEVELOPMENT AGENDA PROJECTS
Project DA_02_01
Recommendation: 2 Objective: The aims to:
(i) convene a conference aimed at providing additional extra-budgetary resources to WIPO for its work to help developing countries benefit from the IP system
(ii) Seek to establish Trust-Funds or other voluntary funds specifically for LDCs
Status: under implementation since early 2009
Project DA_05_01
Recommendation: 5 Objective:
Design and development of a consolidated database, with supporting software, for all technical assistance activities of WIPO and its regular update.
Status: under implementation since early 2009
Project DA_08_01
Recommendation: 8 Objective:
(i) Provision of access to technological knowledge, in the form of specialized patent databases and technical journals, for users in developing countries and LDCs in particular patent offices, to carry out more effective patent searches.
(ii) Assisting countries in establishing Technology and Innovation Support Centers (TISC) together with a corresponding network.
Status: under implementation since early 2009
Project DA_09_01
Recommendation: 9 Objective:
Development of a database and software to establish an effective process for match-making between the IP-related development needs of countries and donors.
Status: under implementation since early 2009
Project DA_10_01
Recommendation: 10 Objective:
Pilot project to set up “Start-Up” National IP Academies in developing countries and LDCs. These are IP training institutions to meet their increasing demand for IP specialists, professionals, government officials and other stakeholders
Status: under implementation since early 2009
Project DA_10_02
Recommendation: 10 Objective:
Establishment of customized automation solutions for IP offices. Four components address:
(1) ICT infrastructure and customized e-communication systems for OAPI; (2) ICT infrastructure and customized e-communication systems for ARIPO; (3) customized automation solutions in three LDC IP institutions; (4) regional workshops on automation
Status: under implementation since early 2009
Project DA_10_03
Recommendation: 10 Objective:
Preparation/updating of a series of modules and materials on managing IP rights by academic and research institutions. Includes the setting up and running of technology transfer offices at public research organizations, exploring technology transfer mechanisms (in particular, licensing agreements) and enhancing the capacity to draft patents.
Status: under implementation since early 2009
Project DA_10_04
Recommendation: 10 Objective:
(i) Establishment of regional or sub-regional networks for the collective management of copyright and neighboring rights
(ii) Assistance to national institutions and stakeholder organizations dealing with creative industries in enhancing their understanding of the role of IP for the effective management and development of creative industries
Status: under implementation since early 2009
Project DA_10_05
Recommendation: 10 Objective:
(i) Establishment of a standard, methodological and integrated approach to IP policy, strategy and institutional reform and modernization
(ii) Enhance the capacities of IP and SME support institutions in addressing the needs and challenges of SMEs in effectively utilizing the IP system
Status: under implementation since early 2009
Project DA_16_20_01
Recommendations: 16 and 20 Objective:
Series of surveys and studies that will analyze good practices and the currently available tools for identifying content that is in the public domain and to preserve such content from individual appropriation. The surveys and studies should facilitate the planning of the subsequent steps of possible preparation of guidelines and/or development of tools to facilitate the identification of and access to public domain subject matter. The project is divided into four components that will address the issue from the perspective of copyright, trademarks, patents and traditional knowledge/ traditional cultural expressions
Status: implementation began in January 2010
Project DA_07_23_32_01
Recommendations: 7, 23 and 20 Objective:
Promote a better understanding of the interface between intellectual property and competition policy, particularly in developing countries and countries with economies in transition. Activities include:
(i) A series of studies that would analyze recent practices, legal developments, jurisprudence and legal remedies available in selected countries and regions.
(ii) Sub-regional seminars and Geneva-based symposia as fora for exchange of experiences in this field.
(iii) Inclusion of component on the pro-competitive aspects of licensing and anti-competitive licensing practices in licensing training programs
(iv) Survey on use of compulsory licensing to address anti-competitive practices
(v) Global Meeting on Emerging Copyright Licensing Modalities Status: implementation began in January 2010
Project DA_19_24_27_01
Recommendations: 19, 24 and 27 Objective:
(i) The first component of the project regarding copyright aims at providing Member States a source of relevant and balanced information on the opportunities provided by new models of distributing information and creative content, focusing on the areas of education and research, software development and e-information services (e.g., e-journals and public-sector information).
(ii) The second component of the project of industrial property data digitization aims to assist Member States in digitizing paper-based documents of IPRs as a first step to improve the digital divide and to gain skills for creating a national IP database which would provide users with easy access to intellectual property information.
Status: implementation began in January 2010
Project DA_19_30_31_01
Recommendations: 19, 30 an 31 Objective:
Project aims to provide developing countries, including LDCs, with services which will facilitate the use of patent information on specific technology for facilitating their indigenous innovation and R&D in cooperation with other intergovernmental organizations. Patent Landscaping Reports will be drafted which exploit the vast resources of patent information to provide an analysis of specific technologies and related existing IP rights for selected areas of technology; an e-tutorial available on DVD or on the internet will provide training on using and exploiting patent information; and conferences, including workshops and training courses, will be organized for users, in particular for staff of Technology and Innovation Support Centers.
Status: implementation began in January 2010
Project DA_33_38_41_01
Recommendations: 33, 38 an 41