[Ip-health] TWN General Statement at 54th WIPO General Assembly

K.M. Gopakumar kumargopakm at gmail.com
Tue Sep 23 07:46:24 PDT 2014

Thank You Madam Chair,

We take our two minutes to convey the following points to the 54th WIPO
General Assembly.

First, we take this opportunity to recall and emphasize that WIPO ceased to
exist as an organisation only to protect intellectual property rights on
the day it became recognised as a specialised agency of the UN.

Article 2 of the UN-WIPO Agreement creates a legal obligation on  WIPO.
This article states:

“The United Nations recognizes the World Intellectual Property Organization
(hereinafter called the " Organization ") as a specialized agency and as
being responsible for taking appropriate action in accordance with its
basic instrument, treaties and agreements administered by it, inter *alia,*
for promoting creative intellectual activity and for facilitating the
transfer of technology related to industrial property to the developing
countries in order to accelerate economic, social and cultural development,
subject to the competence and responsibilities of the United Nations and
its organs, particularly the United Nations Conference on Trade and
Development, the United Nations Development Programme and the United
Nations Industrial Development Organization, as well as of the United
Nations Educational, Scientific and Cultural Organization and of other
agencies within the United Nations system.

Clearly WIPO’s central function is to further the UN development agenda by
balancing intellectual property protection and enforcement with the
development needs of developing countries.

Secondly, this year marks the 10th anniversary of the launch of the WIPO
Development Agenda. The great challenge that led to the WIPO DA remains,  that
is to mainstream development orientation in WIPO’s activities especially in
the technical assistance programs. TA programs are short of serving the
development purpose and often directly and indirectly advocates for TRIPS
Plus measures or measures that are not practical or appropriate
economically or socially for the beneficiary country.

The Secretariat needs to draw on the examples of use of various IP
flexibilities by various developing countries to meet their development
needs. Like the use of Compulsory license for HIV/AIDS medicines by
Indonesia and the curbing of patenting of known substance by Argentina and

We would like to state that WIPO should go beyond developing technology
platforms in order to mainstream development orientation in WIPO
activities. We expect WIPO to go beyond and facilitate technology transfer
through fair and equitable terms.

WIPO has a major role to play in furthering the post 2015 development
agenda by facilitating the technology catching up of developing countries.

WIPO’s role as a IP service provider should not take precedents for the
development aspirations of two thirds of humanity.

Thank you once again.

End of the statement

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