WIPO DEVELOPMENT AGENDA

GenevaOctober2010

History of the Process

First proposal made in October 2004 by 13 developing countries

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

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 recommendationsmonitor, assess, discuss and report on the implementation of all recommendations adopteddiscuss IP and development related issues as agreed by the Committee, as well as those decided by the General Assembly

Five sessions of CDIP have been held

Next session in November 2010

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

Tech Assistance -14

Norm Setting - 9

Tech Transfer - 9

Assessments and Studies - 6

Institutional Matters - 6

Others - 1

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 (17 projects at different stages of implementation)

Approximate 20 million Sfr 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 sessionImplementation 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, 38and 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 DevelopmentIntellectual 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 ChallengesIP and Technology Transfer (Recs. 19, 25, 26 and 28) – to be reconsidered

Some important considerations for implementation

It is a collective effort (Secretariat + Member States + other stakeholders)

Must reflect the ground reality and respond to the real needs and interests of Member States

Should address the concerns behind the recommendations

Ensure mainstreaming of the DA principles into all of WIPO’s work

Should be member-driven and inclusive

Equitable geographical distribution of projects

Projects should be sustainable. Important that local partners are fully committed to the projects.

THANK YOU

Details on the WIPO Development Agenda at:

http://www.wipo.int/ip-development/en/agenda