[A2k] NGOs Urge Action on WIPO Development Agenda

[Sangeeta]

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SUNS #5883 Thursday 29 September 2005

south-north development monitor SUNS [Email Edition]

Development: NGOs urge action on WIPO Development Agenda



Geneva, 28 Sep (Kanaga Raja) -- More than twenty public interest
organizations

have urged Member States of the World Intellectual Property Organization

(WIPO) to accord the highest priority to implementing the WIPO Development

Agenda and to renew the mandate of the Inter-sessional Intergovernmental

Meetings as the main mechanism for furthering this initiative.



The organizations made this call in a statement that was distributed at  the
WIPO

General Assembly, which is meeting from 26 September to 5 October.



Among the signatories of the statement are African Intellectual Property

Association; Berne Declaration (Switzerland); Consumer Association of Penang

(Malaysia); Consumer Project on Technology (United States); Center for

International Environmental Law; Electronic Frontier Foundation; Edmonds

Institute; European Bureau of Library, Information and Documentation

Associations; Federation of Organizations in the field of Libraries,
Information

and Documentation; Free Software Foundation Europe; Instituto del Tercer

Mundo (Uruguay); Institute of Science in Society (United Kingdom); Tebtebba

Foundation (Philippines); and Third World Network.



The WIPO General Assembly is expected to decide on the future of the WIPO

Development Agenda launched last year as well as a range of other issues
crucial

for developing countries and civil society organizations.



In particular, the General Assembly will discuss and/or provide directions
on the

future of the proposed Substantive Patent Law Treaty (SPLT) and the proposed

Broadcasting Treaty.



At the last WIPO General Assembly (27 September - 5 October, 2004), a group
of

14 developing countries known as the Group of Friends of Development

co-sponsored a proposal for the "Establishment of a Development Agenda for

WIPO".



The General Assembly welcomed the initiative for a Development Agenda in

WIPO and agreed to convene Inter-sessional Intergovernmental Meetings to

examine proposals that would be submitted for discussion. It was also agreed
that

a report will be prepared for consideration at the 2005 WIPO General
Assemblies.



The proposal to establish a "Development Agenda" for WIPO has received very

strong support from developing countries, public interest non-governmental

organizations as well as prominent individuals from the North and the South.



At this General Assembly, the groups said, it is essential to extend the

Inter-sessional Intergovernmental process begun to discuss the WIPO

Development Agenda, in order to mainstream the concerns of developing

countries into the activities of WIPO and give effect to international
sustainable

development goals.



It is also important that decisions on other issues during the General
Assembly be

supportive of, and not undermine, the Development Agenda.



The groups viewed the initiative to establish a WIPO Development Agenda as
the

most urgent task being undertaken in WIPO and urged Member States to accord

the highest priority to implementing the Agenda as soon as possible.



They also expressed support for continued discussion and action to advance
the

WIPO Development Agenda and called on the WIPO General Assembly to renew

the mandate for this through continuation of the WIPO Inter-sessional

Intergovernmental Meetings (IIM) as a main mechanism for furthering the WIPO

Development Agenda initiative.



The groups raised concerns over suggestions made by some developed countries

(during the IIM meetings) to terminate the IIM process, and to shift the

discussions on the WIPO Development Agenda to an existing committee called

the Permanent Committee on Cooperation for Development Related to
Intellectual

Property (PCIPD), which has been dealing with matters related to technical

assistance.



They stressed that the PCIPD is not the appropriate forum, as its mandate is
too

narrow, and urged Member States to instead decide on renewing the mandate of

the Inter-sessional Intergovernmental Meetings to discuss and examine
proposals

that have been submitted (and other proposals) and to recommend action to
the

General Assembly.



The statement also urged Member States not to attempt to make use of the

Development Agenda to "trade off" with other issues that will also be
discussed at

the General Assembly.  If such a trade-off is proposed, it should be
rejected.



Member States should also ensure that all norm-setting activities in WIPO,

including ongoing discussions on issues such as harmonization of substantive

patent law, should immediately include a consideration of the "development

dimensions". Thus, proposals and provisions should be assessed for their

developmental implications, and such an assessment should be provided for in
all

future norm-setting activities.



In this regard, the statement urged Member States not to narrowly focus

discussions on the draft Substantive Patent Law Treaty on provisions of
interest

only to the developed countries, while leaving aside key issues of concern
to

developing countries and LDCs, such as public interest flexibilities, the
disclosure

of origin of genetic resources, transfer of technology and the curbing of

anti-competitive practices.



Member States were also urged not to take a decision to convene a diplomatic

conference on the protection of broadcasting organizations. Member States
should

ask for more time to fully consider the educational and other development

implications of the proposed new treaty.  Standard WIPO procedures should be

adhered to when discussion and decisions are to be taken on this issue.



The groups recognized that inappropriate "Intellectual Property" policies
have

negative implications on society and the development process.



"Thus, we urge Member States to discuss and make decisions on each Agenda

Item based on the merits and demerits of each issue from the standpoint of

development and the public interest, and a comprehensive understanding of
the

costs and benefits," the groups said.

+



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