[A2k] Statement by Third World Network at the WIPO IIM 13 April 2005

[Sangeeta]

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Please post this on the IP health and A2K list

STATEMENT BY THE THIRD WORLD NETWORK AT THE WIPO INTERSESSIONAL
INTERGOVERNMENTAL MEETING ON THE DEVELOPMENT AGENDA, 13 APRIL 2005

Firstly, the Third World Network would like to thank the WIPO and its member
states for allowing our organization to be present at this important
meeting.



The reason we have come together and dedicated 3 precious days of our life
to this intergovernmental intersessional meeting is because a large number
of developing countries and many segments of the civil society in both South
and North are not satisfied in general with the current global IP system and
specifically with the "status quo" situation in WIPO, with regard to
development and public interest implications.



10 years have passed since TRIPS came into being, harmonizing minimum IP
standards that should be applied by all WTO member states.  There is a broad
feeling among civil society that the TRIPS minimum standards are already too
high for developing countries. TRIPS removed many flexibilities that
countries enjoyed (such as exempting patents in some sensitive sectors such
as food and medicines) and instead imposed a range of obligations before
many developing countries were in a position to undertake those obligations.




Following the obligation to implement TRIPS, many developing countries found
themselves having to deal with problems such as high prices and limited
access to essential goods such as medicines and educational materials,
limited access to information and to technology and inputs that are
necessary for production. Another problem is the misappropriation of genetic
resources.



While many developing countries today are still grappling to implement the
minimum IP standards prescribed by TRIPS, understand the costs and benefits
of these standards and implications on society, extensive norm-setting,
which in many ways goes beyond TRIPS has and is taking place in WIPO.



It appears that WIPO is taking on a maximalist IP agenda of "the more rights
the better". In WIPO's quest to serve mostly the interest of the IP right
holders, the fundamental and delicate balance between public and private
rights has been lost, and is now very much tilted in favor of the rights
holder.



During the last General Assembly, The Geneva Declaration on the Future of
the World Intellectual Property Organization in support of Establishing a
WIPO DA was released. It comprehensively detailed the concerns of over 500
scientists, academics, economists, legal experts, consumer and health
activists including Nobel laureates, mostly from the developed countries
with regard to the current trends taking place in the international IP
system. The Declaration states and I quote:



Humanity stands at a crossroads - a fork in our moral code and a test of our
ability to adapt and grow.   Will we evaluate, learn and profit from the
best of these new ideas and opportunities, or will we respond to the most
unimaginative pleas to suppress all of this in favor of intellectually weak,
ideologically rigid, and sometimes brutally unfair and inefficient policies?
Much will depend upon the future direction of the World Intellectual
Property Organization (WIPO), a global body setting standards that regulate
the production, distribution and use of knowledge.





Many concerns were also raised at an NGO meeting called the "Future of WIPO"
organized by a forum that represents 65 consumer organizations from the US
and EU, prior to the launch of the declaration, that WIPO activities are
disseminating a dysfunctional IP system to the developing world through the
WIPO treaties.



Today WIPO and its Member States are in an exceptional position to decide
whether WIPO is going to be part of the problem or the solution in the
global IP system



>From the debate that is taking place, there seems to be a keen interest and
will among many of the developing countries to begin undertaking the reforms
within WIPO to incorporate a development dimension in all its activities and
to ensure that as a specialized agency of the UN, it becomes a custodian of
balance between public and private interest as well as between the realm of
property and public domain, if we are to have a global IP system that truly
promotes innovation, international development and human well being.



In this regard we would like to briefly point out 5 key areas that we think
are essential in the reform of WIPO



1.   A review of existing treaties in WIPO should be undertaken. Many of
these treaties are not known to be in favor of development or developing
countries. While ratification of many of the WIPO treaties is optional,
there is increasing pressure from developed countries through bilateral
trade agreements to undertake obligations in these treaties as part of the
deal although there may be no proven benefit to developing countries.



The exercise of reviewing existing treaties is common in other organizations
such as the WTO which is reviewing aspects of the TRIPS agreement, as well
as the agriculture agreement. WIPO should endeavor to undertake a similar
exercise and determine whether the existing treaties hinder developing
countries from pursuing their development goals, and seek to rectify the
relevant areas of the treaties where necessary.



2.         In relation to present and future norm-setting activity in WIPO,
there should be prior to any such exercise, an assessment of the impact of
the treaty on development and public interest should be undertaken.   Also,
proposals should be evaluated according to their development and
public-interest impact.



3.   WIPO should also undertake a "positive agenda" for development, meaning
treaties that promote the interest of society at large. This could include
the creation of treaties, for example on access to knowledge, on access to
technology, on minimum limitations and exceptions in relation to copyright
and patent protection.



4.      On the issue of technical assistance, WIPO's activities and the
content of its programmes must be balanced and development oriented.  For
example, WIPO should give at least equal emphasis on the flexibilities
available in IP treaties and how to translate these to national law and
practice.   An evaluation of the TA programme and a re-orientation towards
development and public interest goals should be undertaken.



5.       WIPO has to be more member driven, transparent and participatory.
It would appear that it is often the WIPO secretariat that is preparing
proposals and presenting it to member states for discussion. In other
international organizations, it is Members that put forward the proposals.
Thus we would urge WIPO to be a more member driven organization.  It should
also be inclusive.  The kind of meeting that took place in Casablanca
recently, where only selected members were invited, should not take place.
All members should decide on the nature and holding of meetings and be
invited.      Also, we hope that WIPO enable the increased participation of
NGOs, especially the non-commercial organizations of civil society.



Finally, we would like to express our support for the proposal submitted by
the FOD and other relevant suggestions made by other member states in favour
of a comprehensive development agenda.  We believe the FOD paper contains
concrete and constructive proposals on how to incorporate the development
dimension in WIPO's activities.



We hope that this meeting will find a process that will take the whole range
of the proposals in the FOD paper forward so that they can be discussed in
the General Assembly and various committees of WIPO and an effective
solution for a positive way forward can be found.



Thank you.



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