[A2k] FGV statement at the 2006 WIPO General Assembly

[Pedro Moniz]

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[ Picked text/plain from multipart/alternative ]
The NGOs were allowed to speak yesterday night, at 8 p.m., on the night
session, at an almost empty room: there were only three delegations, from
the US, Brazi, and an Asian one, supposely from Japan.

Take a look at FGV's intervention bellow:


42nd Series of the Assemblies of the Member States of WIPO Geneva, 25
September to 03 October, 2006

Statement by the Fundac=E3o Getulio Vargas (FGV) School of Law in Rio de
Janeiro, Centre for Technology and Society

Dear Mister Vice-Chairman,

Allow me to congratulate you on your election, and the Director General, Dr=
.
Kamil Idris, and all the WIPO staff for their efforts in bringing the
development dimension within WIPO.

WIPO, as a specialised agency of the United Nations, must be guided by the
UN principles, bearing in mind, moreover, that the intellectual property
system should not be understood as an end in itself, but rather as a means
for achieving development. Having said that, the WIPO Secretariat shall not
endorse or support particular proposals by Member States.

When taking into consideration the various levels of development, all WIPO
treaties shall have special and differential treatment for developing
countries and least developed countries (LDCs), and before the commencement
of discussions on any new treaty open forums such as the Open Forum on the
draft Substantive Patent Law Treaty (SPLT) or similar public discussions
shall be held to debate the objectives, feasibility and desirability of the
proposed treaty and its eventual impacts, ensuring, additionally, a broader
participation of civil society and public interest groups in WIPO
activities.

Accordingly, Mr. Vice-Chairman, as no consensus could be reached on the
Standing Committee on the Law of Patents (SCP) as regards to the SPLT, ther=
e
should be another open forum to continue discussions.

Moreover, FGV supports the development and adoption of a treaty or similar
mechanism on access to knowledge, and the adoption of non-exclusive systems
for fostering creativity, innovation and transfer and dissemination of
technology, such as free software and Creative Commons licenses.
Additionally, Mr. Vice-Chairman, FGV supports the establishment of a specia=
l
fee on PCT applications for the promotion of research and development
activities in developing and least developed countries.

As regards to the Development Agenda, FGV understands that the process of
the PCDA should be renewed, and three five-day sessions would be desirable
by July 2007.

Connected with the Standing Committee on Copyrights and Related Rights
(SCCR) discussions on a possible Broadcasting Treaty, Mr. Vice-Chairman,
besides there being little discussion on the possible impact on public
access to information and cultural diversity, there is no agreement in
substance. Having said that, and bearing in mind the growing opposition fro=
m
different industry groups, the WIPO General Assembly should reject the
recommendations of the SCCR to hold a Diplomatic Conference, and thus
promote further discussions with the sufficient participation of relevant
stakeholders in order to provide a better understanding of the implications
of the treaty.

In relation to the Intergovernmental Committee on Intellectual Property and
Genetic Resources, Traditional Knowledge and Folklore (IGC), FGV understand=
s
that national legislation is not enough, being desirable to finalise a
legally binding international instrument with no further delay. It should
also be stressed that the work of the IGC should advance in parallel with
the work in other forums, such as the SCP.

On the Advisory Committee on Enforcement, FGV is of the understanding that
developing countries should be the focus, as well as their creative
industries, including discussions on the broader context of society
interests, obligations of right holders, and experience on bio-piracy.

In short, FGV supports the statements made on the first day by Argentina, o=
n
behalf of the Group of Friends of Development; Benin, on behalf of LDCs;
Brazil; Chile; China; Indonesia, on behalf of the Asian Group; Nigeria, on
behalf of the African Group, and South Africa.

Thank you, Mr. Vice-Chairman.

Made by Pedro Paranagua

More info. at http://www.a2kbrasil.org.br/ENG
Contact: Pedro Paranagua at paranagua AT fgv DOT br