[Ip-health] TWN Info: Assemblies told Development Agenda Decisions not fully implemented
ssangeeta at myjaring.net
Wed Oct 2 14:39:53 PDT 2013
TWN Info Service on Intellectual Property Issues (Sept13/02)
30 September 2013
Third World Network
WIPO:Assemblies told Development Agenda Decisions not fully
Geneva,30 Sep (K.M. Gopakumar & Sangeeta Shashikant*)
participating in the WIPO Assemblies exposed WIPO¹s continuing
to fully implement decisions pertaining to the Development
The Development Agenda was adopted by the General Assembly, the
governing body of WIPO, in 2007 to ensure that development
form an integral part of the organization¹s work.
The WIPO Assemblies is meeting in Geneva from 23 September to 2
During the General Assembly, the Development Agenda Group (DAG),
Group and several other developing countries expressed
certain aspects of the mandate of the Committee on Development
Intellectual Property (CDIP) have not fully been implemented.
Of particular concern to the DAG and Africa Group is the
of the third pillar of the CDIP mandate, which establishes
Committee should discuss the interface between intellectual
(IP) and development; and the reporting of WIPO relevant
the implementation of the Development Agenda as defined by the
At the ongoing Assemblies, the DAG and Africa Group are seeking
Assembly Decision to reinforce full implementation of the CDIP
In further interventions on the agenda item on the CDIP
also highlighted other concerns such as the slow pace of
on proposals to reform the WIPO technical assistance submitted
the DAG and Africa Group, the lack of consensus on the
on IP and Development, and the need for the WIPO Global
Division to report to the CDIP on its activities.
In 2007 the General Assembly adopted 45 recommendations on the
Agenda (DA) and established a dedicated committee to implement
recommendations. The decision gave the CDIP three mandates:
a work-program for implementation of the adopted
(2) monitor, assess, discuss and report on the implementation
recommendations adopted, and for that purpose it shall
with relevant WIPO bodies; and (3) discuss intellectual
development related issues as agreed by the Committee, as well
those decided by the General Assembly.
To implement the second mandate, in 2010 the General Assembly
³Coordination Mechanisms and Monitoring, Assessing and
(Coordination Mechanism) which require ³relevant WIPO bodies²
report on their contribution to the implementation of DA
However, implementation of the second mandate has been hampered
by the reluctance
of Group B (composed of developed countries) to require the
on WIPO Standards and the Program and Budget Committee to be
as ³relevant WIPO bodies² for purposes of reporting as
the Coordination Mechanism.
Developed countries have also opposed implementation of the
third mandate of
the 2007 General Assembly Decision. In 2010, the DAG submitted
proposal (CDIP/6/12 Rev.) to include in the CDIP a standing
item on ³IP and development-related issues². In the paper,
DAG said it was open as to what subjects may be discussed
agenda item. Group B has not only opposed the DAG proposal,
attempted to remove the proposal from the agenda of the CDIP.
Views on Development Agenda Implementation
Brazil on behalf of the DAG said that after six years, the
of the DA has seen good progress but ³much remains to be done
more could be expected². It added that the ³full
the Development Agenda depends specially on a cultural change
WIPO as well as in the framing of intellectual property
Brazil also called on WIPO members ³to renew their commitment to
implementation of the 45 DA recommendations and of the
decisions already approved in that regard². It noted with
that neither the mandate of the CDIP nor the mandate of the
mechanism, both adopted by the General Assembly, are being
although they constitute basic tools for the effective
of the Development Agenda.
It stressed that the different views of Members on the mandates
but they are not leading us to a satisfactory solution and
situation ³has been impeding the full implementation of
taken by the General Assembly, negatively affecting
and the confidence among Members and ultimately amounting to
Brazil further highlighted that the need to revise WIPO
has already been recognized, stressing that concrete results
review of WIPO¹s technical assistance is one of the major
the CDIP can give to the implementation of the DA.
[In 2012, the DAG and Africa Group submitted a Joint Proposal to
WIPO¹s technical assistance (CDIP/9/16), taking forward
of an External Review of WIPO¹s technical assistance in 2010.
in the CDIP, Group B has hindered adoption of the DAG/Africa
Brazil also expressed regret over the adjournment of the
Conference on IP
and Development due to a lack of consensus among Member States
added that it remains a very important initiative to allow
to thoroughly review the implementation of the Development
Algeria, on behalf of the Africa Group, referred to the DA and
the CDIP as
the greatest achievement of WIPO adding that it is the vision
international IP system that needs to be adapted. It added
could do better than the thematic projects being undertaken to
Algeria also said that discussions on development issues are not
as they were.
They are long way from the enthusiasm expressed from the
Algeria added. ³We are losing momentum. The consensus on the
is becoming difficult and it is difficult to exert real
it said, further adding, ³We don't think that development
assigned to secondary importance².
It stressed on the need for a ³real forum² to discuss the IP and
linkage, referring to the 3rd mandate of the CDIP; for WIPO
to be more involved in activities of the WIPO Division on
and for effective implementation of the coordination
[The WIPO Global Challenges Division operates without any
or input by Member States over its activities in relation to
of IP with food, climate change and public health.]
India said it supported the adoption of African Group/DAG
proposals on technical
Iran said it attached great importance to the mainstreaming of
It stressed that technical assistance should not be
as merely promoting the IP system, adding that the idea is to
the cause of development with that of IP protection and
of potential contradiction. It added that the rationale of the
necessitates the finding of policies that aim to implement the
to development, including promoting access to knowledge,
the knowledge gap, enlarging public domain and preventing
of genetic resources, traditional knowledge and traditional
Egypt stressed that the completion of DA projects should not
as the end of the DA recommendations. It also noted that the
Committee on WIPO Standards and the Program and Budget
two major committees had not submitted their reports on the
of the Contribution of the Relevant WIPO Bodies to the
of the Respective Development Agenda Recommendations². It
on the Secretariat to improve the reporting by Committees on
contribution on the DA, stressing that merely reproducing the
of Member States is not enough.
Egypt also called for the inclusion of a standing agenda item
and development in CDIP; implementation of the recommendations
the proposals on technical assistance; and for CDIP oversight
activities of the Global Challenges Division of WIPO.
Belgium, on behalf of Group B, spoke of its commitment to the
agenda adding that the 45 DA recommendations should be
in an appropriate, balanced and consensual driven manner.
On technical assistance, it said that the recommendations of the
Review on technical assistance had already been implemented or
in the process of implementation, stressing on ³maximizing
improving internal and external coordination, ³lessons learnt
best practices² as the way forward.
On the issue of ³ relevant bodies² for the purposes of assessing
to the DA implementation, Group B said that the WIPO bodies
should deem whether they are relevant adding that neither the
on WIPO Standards and the Program and Budget Committee are
as the former deals with non-binding technical standards while
latter deals with the financial underpinnings of WIPO, and
have relation to development².
According to a developing country delegate, in the CDIP
sessions, Group B had
created obstacles to adoption of proposals contained in the
Group paper on technical assistance to improve the
accountability of WIPO¹s technical assistance. The delegate
also explained that the IP and Development Conference was
as no agreement could be reach on the list of speakers.
A representative from Djibouti read a statement from Ambassador
Siad Doualeh in his capacity as the chair of the CDIP. The
said that there was no doubt that the DA was among the most
issue discussed in WIPO, adding that while there had been
³on many occasions the issue tends to draw diverse positions².
statement referred to the Conference on IP and Development
supposed to be held before the CDIP session in November but
due to differences among delegations.
The Ambassador¹s statement added that the DA ³while once
some as an unnecessary destruction will in fact be the vehicle
lasting change in IP system where countries hold a shared
the IP system².
The statement stressed that the next session of the CDIP will be
important issues such as the external review of implementation
the WIPO DA and the convening of the IP and development
Third World Network (TWN), an NGO observer, said the development
is the result of a Member Sates-driven process, with
adopted on the basis of consensus, adding that implementation
is slow and often projected as a stand alone program.
It said that although revamping WIPO¹s technical assistance
address the development concerns is an important pillar of the
recommendations, there is no notable improvement in this
instance, the technical assistance of WIPO to draw up national
strategies in developing countries ignores key development
and often advocates for IP aximalist positions, it added.
TWN called for the approval of the proposals contained in the
Group paper on technical assistance, to develop systems of
and transparency in the implementation of technical assistance.
It also cautioned the WIPO Secretariat against using innovation
property as interchangeable concepts to promote the idea that
necessary for innovation. The TWN representative stressed that
often takes place in the absence of intellectual property
TWN also urged that the review of the implementation of the DA
which is due at the end of this year should be carried out by
of independent experts specializing in IP and development
urged WIPO Member States to finalize the Terms of Reference
experts in the upcoming CDIP meeting in November in order to
out the review in timely manner.
*With inputs from Alexandra Bhattacharya
More information about the Ip-health