[A2k] IBSA Tshwane Declaration

Pranesh Prakash pranesh at cis-india.org
Tue Oct 18 20:05:49 PDT 2011

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The bit relating to IPR, though the full statement is worth reading:

# Intellectual Property Rights
49. The Leaders emphasized the need for an equitable and balanced international system of rules governing intellectual property, allowing among others, for the protection of indigenous knowledge systems against abuse and for preventing the misappropriation of genetic resources, and associated traditional knowledge.

50. They emphasized, in this context, the need for a balanced international intellectual property system that contextualizes Intellectual Property Rights in the larger framework of socio-economic development and views them, not as ends in themselves, but as a means of promoting innovation, growth and development in all countries through calibrated norm-setting, protection and enforcement, while facilitating the effective transfer of technology. To this end, they called for the full implementation of the Development Agenda of the World Intellectual Property Organization (WIPO) in all areas of its work. In this context, they welcomed the progress being made towards evolving legally-binding international instrument(s) in WIPO for the effective protection of Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions and urged early adoption of these instruments within the 2012-‘13 biennium. Reaffirming the important role played by Exceptions, Exclusions and
Limitations in bringing the necessary balance between Intellectual Property Rights and public interest, the Leaders took positive note of the ongoing initiatives in WIPO. The leaders noted with appreciation that IBSA countries were already co-coordinating their positions on a number of issues within the framework of the Development Agenda Group (DAG).

51. The Leaders warned against attempts at developing new international rules on enforcement of intellectual property rights outside the multilateral fora that may give free rein to systematic abuses in the protection of rights, the building of barriers against free trade and undermining fundamental civil rights.
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Pranesh Prakash
Programme Manager
Centre for Internet and Society
T: +91 80 40926283 | W: http://cis-india.org

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