[A2k] WIPO PCDA (Third Session): Summary by Chair and Recommendations

[Thiru Balasubramaniam]

http://www.wipo.int/edocs/prdocs/en/2007/wipo_pr_2007_478.html#pcda

http://www.wipo.int/edocs/prdocs/en/2007/wipo_pr_2007_478.html


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PROVISIONAL COMMITTEE ON PROPOSALS RELATED TO
A WIPO DEVELOPMENT AGENDA (PCDA)

Third Session

Geneva, February 19 to 23, 2007
Summary by the Chair

The WIPO General Assembly, in its session held in September-October
2006, reviewed the positive discussions held during the two sessions of
the Provisional Committee on Proposals Related to a WIPO Development
Agenda (PCDA), emphasized the need to continue discussions on the
proposals submitted and placed in the six clusters during the IIM/PCDA
process, and decided, inter alia, to renew the mandate of the PCDA for
one year.  It was also decided that the PCDA will hold two 5=E2=80=91day
sessions, in a manner that allows for structured in=E2=80=91depth discussio=
ns,
on all 111 proposals made so far, during the sessions of the IIM and
PCDA in 2005 and 2006 respectively, taking into account the decision of
the 2005 General Assembly, on the deadline for submission of new
proposals.  The General Assembly decided that in order to facilitate
the task and streamline the process for detailed examination of all
proposals in an inclusive manner, the PCDA should undertake an
exercise:

     * to narrow down the proposals, in order to ensure that there is no
repetition or duplication;
     * to separate the proposals, which are actionable, from those which
are declarations of general principles and objectives;  and
     * to note those proposals, which relate to existing activities in
WIPO and those, which do not.

In this regard, the Chair of the General Assembly was requested to
produce, in consultation with Member States, initial working documents.

The Third Session of the PCDA was held from February 19 to 23, 2007.
105 Member States and 43 Observers participated in the session.

The PCDA decided to admit, on an ad hoc basis, two non=E2=80=91accredited
Non=E2=80=91Governmental Organizations (NGOs) namely Creative and Innovatio=
n
Economy Center and Knowledge Ecology International, without
implications as to their status for future WIPO meetings.

The PCDA unanimously elected Ambassador C.Trevor Clarke, Permanent
Representative of Barbados, as Chair, and Ambassador Muktar Djumaliev,
Permanent Representative of Kyrgyzstan, as Vice-Chair.

The PCDA adopted the draft agenda, as proposed in document PCDA/3/1
Prov.

The PCDA discussed the working document prepared by Ambassador Enrique
A. Manalo, Chair of the General Assembly, and decided to use it as a
working document of the PCDA ( PCDA/3/2).  The delegations expressed
their views on the proposals listed in the various clusters, in Annex A
of the document.  After discussions, the Chair requested specific
delegations to coordinate discussions on the different clusters, in an
attempt to reach a consensus on the list of agreed proposals.  The
draft lists prepared by the different delegations were discussed in the
plenary, and the PCDA agreed on the proposals contained in the Annex to
this Summary.  However, the Delegation of Colombia expressed its
reservation in respect of proposal 11 in Cluster B.  These proposals
will form a part of the final list of agreed proposals, to be
recommended for action to the 2007 General Assembly, after the June
2007 session of the PCDA.

The PCDA noted that the Draft Report of the Third Session would contain
all the interventions made during the current session and also the
Chair=E2=80=99s Summary.  This Draft Report will be prepared by the Secreta=
riat
and communicated to the Permanent Missions of the Member States by
April 5, 2007.  The Draft Report would also be made available, in
electronic form, on the WIPO website, by the same date.  Comments on
the Draft Report should be communicated in writing to the Secretariat
by April 20, 2007.  The revised Draft Report would then be considered
for adoption at the beginning of the Fourth Session of the PCDA.

The PCDA considered and noted the contents of this Summary by the Chair.

[Annex follows]
CLUSTER A:  TECHNICAL ASSISTANCE AND CAPACITY BUILDING

1. WIPO technical assistance shall be, inter alia,
development-oriented, demand-driven and transparent, taking into
account the priorities and the special needs of developing countries,
especially LDCs, as well as the different levels of development of
Member States and activities should include time frames for completion.
  In this regard, design, delivery mechanisms and evaluation processes
of technical assistance programs should be country specific.

2. Provide additional assistance to WIPO through donor funding, and
establish Trust-Funds or other voluntary funds within WIPO specifically
for LDCs, while continuing to accord high priority to finance
activities in Africa through budgetary and extra=E2=80=91budgetary resource=
s,
to promote, inter alia, the legal, commercial, cultural, and economic
exploitation of intellectual property in these countries.

3. Increase human and financial allocation for technical assistance
programs in WIPO for promoting a, inter alia, development-oriented IP
culture, with an emphasis on introducing intellectual property at
different academic levels and on generating greater public awareness on
IP.

4. Place particular emphasis on the needs of SMEs and institutions
dealing with scientific research and cultural industries and assist
Member States, at their request, in setting-up appropriate national
strategies in the field of IP.

5. WIPO shall display general information on all technical assistance
activities on its website, and shall provide, on request from Member
States, details of specific activities, with the consent of the Member
State(s) and other recipients concerned, for which the activity was
implemented.

6. WIPO=E2=80=99s technical assistance staff and consultants shall continue=
 to
be neutral and accountable, by paying particular attention to the
existing Code of Ethics, and by avoiding potential conflicts of
interest.  WIPO shall draw up and make widely known to the Member
States a roster of consultants for technical assistance available with
WIPO.

7. Promote measures that will help countries deal with IP related
anti-competitive practices, by providing technical cooperation to
developing countries, especially LDCs, at their request, in order to
better understand the interface between intellectual property rights
and competition policies.

8. Request WIPO to develop agreements with research institutions and
with private enterprises with a view to facilitating the national
offices of developing countries, especially LDCs, as well as their
regional and sub- regional IP organizations to access specialized
databases for the purposes of patent searches.

9. Request WIPO to create, in coordination with Member States, a
database to match specific IP-related development needs with available
resources, thereby expanding the scope of its technical assistance
programs, aimed at bridging the digital divide.
CLUSTER B:  Norm=E2=80=91setting, flexibilities, public policy and public d=
omain

10. 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 and non-governmental organizations;  and
     * be in line with the principle of neutrality of the WIPO
Secretariat.

11. Consider the preservation of the public domain within WIPO=E2=80=99s
normative processes and deepen the analysis of the implications and
benefits of a rich and accessible public domain.
CLUSTER C:  Technology Transfer, Information and Communication
Technologies (ICT) and Access to Knowledge

12. To request WIPO, within its mandate, to expand the scope of its
activities aimed at bridging the digital divide, in accordance with the
outcomes of the World Summit on the Information Society (WSIS) also
taking into account the significance of the Digital Solidarity Fund
(DSF).

13. To explore IP-related policies and initiatives necessary to promote
the transfer and dissemination of technology, to the benefit of
developing countries and to take appropriate measures to enable
developing countries to fully understand and benefit from different
provisions, pertaining to flexibilities provided for in international
agreements, as appropriate.

14. To encourage Member States, especially developed countries, to urge
their research and scientific institutions to enhance cooperation and
exchange with research and development institutions in developing
countries, especially LDCs.

15. Facilitating IP-related aspects of ICT for growth and development:
Provide for, in an appropriate WIPO body, discussions focused on the
importance of IP-related aspects of ICT, and its role in economic and
cultural development, with specific attention focused on assisting
Member States to identify practical IP-related strategies to use ICT
for economic, social and cultural development.

16. To explore supportive IP-related policies and measures Member
States, especially developed countries, could adopt for promoting
transfer and dissemination of technology to developing countries.
CLUSTER D:  Assessment, Evaluation and Impact Studies

17. To request WIPO to develop an effective yearly review and
evaluation mechanism for the assessment of all its development-oriented
activities, including those related to technical assistance,
establishing for that purpose specific indicators and benchmarks, where
appropriate.

18. With a view to assisting Member States in creating substantial
national programs, to request WIPO to conduct a study on constraints to
intellectual property protection in the informal economy, including the
tangible costs and benefits of IP protection in particular in relation
to generation of employment.

19. 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.
CLUSTER E:  Institutional Matters including Mandate and Governance

20. To request WIPO, within its core competence and mission, to assist
developing countries, especially African countries, in cooperation with
relevant international organizations, by conducting studies on brain
drain and make recommendations accordingly.

21. To request WIPO to intensify its cooperation on IP related issues
with UN agencies, according to Member States=E2=80=99 orientation, in
particular UNCTAD, UNEP, WHO, UNIDO, UNESCO and other relevant
international organizations, especially WTO in order to strengthen the
coordination for maximum efficiency in undertaking development programs

22. To conduct a review of current WIPO technical assistance activities
in the area of cooperation and development

23. To enhance measures that ensure wide participation of civil society
at large in WIPO activities in accordance with its criteria regarding
NGO acceptance and accreditation, keeping the issue under review.
CLUSTER F:  Other Issues

24. To approach intellectual property enforcement in the context of
broader societal interests and especially development=E2=80=91oriented
concerns, with a view that =E2=80=9Cthe 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=E2=80=9D, in
accordance with Article 7 of the TRIPS Agreement.

[End of Annex and of document]

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Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)
voice +41.22.791.6727
fax +41.22.723.2988
mobile +41 76 508 0997
thiru@keionline.org