[A2k] IPJ Stmt on WIPO Development Agenda

[Robin Gross]

Below is the IPJ intervention statement from yesterday. Its also online at:
http://www.ipjustice.org/WIPO/IPJ_DA062606.shtml

Robin


IP JUSTICE INTERVENTION STATEMENT
AT THE 2ND PCDA MEETING OF WIPO


Thank you, Mr. Chairman, for the opportunity to address this Provisional
Committee for a Development Agenda (PCDA) at WIPO. I represent IP
Justice, an international public interest NGO that promotes balanced
intellectual property laws.

IP Justice would like to register its support for the June 23rd proposal
submitted by the Friends of Development on the =93Decision of the PCDA on
the Establishment of a WIPO Development Agenda=94. This document has
carefully synthesized various proposals into 21 concrete recommendations
to the General Assembly that will significantly advance the public
interest at WIPO and re-align WIPO with it=92s United Nations mandate.

Particularly, IP Justice supports the recommendation to reaffirm WIPO=92s
commitment to the principles and goals of the United Nations system:
economic and social development. As a member of the United Nations
family, humanitarian objectives should be WIPO=92s stated priority.

The PCDA should adopt the Declaration proposed in point 2 of the Friends
of Development proposal that permits consideration of various models to
incentivise innovation. The proposed Declaration also recognizes that
the pursuit of upward harmonization of intellectual property rights,
without consideration of the social and economic costs, runs contrary to
WIPO=92s UN mandate.

IP Justice also encourages the PCDA to recommend to the 2006 WIPO
General Assembly that it launch treaty negotiations for a =93Treaty on
Access to Knowledge and Technology=94. Such a treaty could promote
positive uses of information technologies and laws designed to narrow
the gap in the digital divide.

Another concrete recommendation that this committee could make to
improve the public interest culture at WIPO would be to adopt the
principles, guidelines, and correlative treaty provisions in point 7 of
the proposed recommendations. The nine public policy recommendations in
point 7 reflect the shared view of several proposals and the needs of
all WIPO Member States to instill a balanced perspective throughout all
WIPO activities and practices.

IP Justice also supports the recommendation in point 5 to promote model
approaches for implementing safeguards against anti-competitive
practices and flexibilities and limitations in international IPR
treaties. These provisions are equally a part of the legal framework
reflecting the balance struck between the public and rights holders, yet
are often less understood by developing countries.

Another recommendation worthy of serious attention is the proposal to
agree on the promotion and development of alternative innovation models
including Free and Open Source Software. And flexible licensing regimes
like the Creative Commons encourage greater access to information in a
digital environment and should be further promoted by WIPO as well.

Mr. Chairman, the importance of these proceedings has captured the
attention of a world wide audience. Last summer IP Justice coordinated a
=93Group NGO Statement=94, in which a diverse range of 138 public interest
groups from all over the world endorsed the Friends of Development
proposal for reform at WIPO. These groups could not be here to express
their views, so we carry their message in this =93Group NGO Statement=94,
which is available in four languages on the floor table directly outside
this room.

Mr. Chairman, we are confident that you will successfully guide this
committee to fulfill its mandate and reach a set of recommendations that
can assist WIPO to meet its public interest obligations as a United
Nations Specialized Agency. Thank you, Mr. Chairman.