[A2k] Fwd: WIPO PCDA 4 - Final Recommendation and Proposals

[Gwen Hinze]

--
[ Picked text/plain from multipart/alternative ]
Dear all,

Just a quick note of clarification - the text below is the full New
Development Agenda, which comprises 45 proposals as follows:

  - 21 proposals that were agreed at the 4th session of the WIPO PCDA
last week (the "Annex B" proposals listed below) and

- 24 proposals that were agreed at the 3rd session of the WIPO PCDA
held in February 2007 (the "Annex A" proposals that are listed
following the Annex B proposals, below)

Thanks also to Teresa Hackett of the Electronic Information for
Libraries project for collaborating on note-taking.

The authors have dedicated the notes posted on EFF's blog to the public domain.

Many thanks,

- Gwen Hinze


>Date: Mon, 18 Jun 2007 04:31:10 -0700
>To: a2k@lists.essential.org
>From: Gwen Hinze <gwen@eff.org>
>Subject: WIPO PCDA 4 - Final Recommendation and Proposals
>Cc:
>Bcc:
>X-Attachments:
>
>FYI all, just posted at EFF Deeplinks blog:
><http://www.eff.org/deeplinks/archives/005320.php>
>
>Blogging WIPO: The New Development Agenda
>
>WIPO's Provisional Committee on Proposals Related to a Development
>Agenda  finished meeting late last Friday night  and the good news
>is that it recommended creating a new WIPO permanent committee to
>implement 45 public interest-oriented proposals designed to turn
>WIPO into an organization that can help foster sustainable
>development in all its Member States. Somewhat surprisingly, the
>week's closed-door, non-public negoiations produced 21 concrete
>proposals that, if adopted, will help WIPO safeguard the public
>interest  and promote innovation and knowledge creation.
>
>The scope of the proposals adopted by Member States indicates just
>how far the dialogue has changed within WIPO over the last three
>years. Member States agreed that WIPO should take account of
>flexibilities in international instruments, exceptions and
>limitations and competition policy in its norm-setting and technical
>assistance, facilitate access to knowledge, support a  robust public
>domain, exchange information on open collaborative projects and
>strengthen its capacity to objectively evaluate the impact of its
>work. The PCDA recommended that the WIPO General Assembly adopt
>these 21 proposals, together with the <a
>href="http://www.eff.org/deeplinks/archives/005138.php">24
>proposals</a> adopted at the February PCDA, and create a permanent
>committee to develop a work plan to implement them within WIPO.
>
>The signficance of this acheivement should not be underestimated.
>The recommended proposals go to the very heart of WPO's areas of
>concern and its mandate - how WIPO conducts itself as an
>organization. Three years ago WIPO refused to hold a meeting to
>discuss open collaborative development. Now, it's being called upon
>to facilitate exchange of information on open collaborative
>projects. If the PCDA's recommendations are adopted, this could
>indeed result in a seachange at WIPO.
>
>Like the February PCDA meeting, Member States worked together this
>week with evident goodwill and a commitment to find common ground.
>Let's hope the same spirit of cooperation continues into the General
>Assembly and the implementation of these proposals in WIPO's work.
>
>After the jump we have the full text of the 21 "Annex B" proposals
>adopted this week, together with the PCDA's recommendation to the
>WIPO General Assembly, the 24 "Annex A" proposals from February and
>the NGO Coalition's notes of day five.
>
>We will be back in September to report on whether the General
>Assembly adopts the PCDA's ground-breaking recommendations. In the
>meantime, stay tuned for updates from Geneva on this week's WIPO
>meeting on the controversial Broadcasting Treaty.
>
>There's more great coverage of the PCDA at <a
>href="http://www.ip-watch.org/weblog/index.php?p=655&res=1280_ff&print=0">IP-Watch</a>
>(in English), <a href="www.direitodeacesso.org.br">FGV Law School
></a>(Brazilian Portugese) and at <a
>href="http://www.keionline.org/index.php?option=com_jd-wp&Itemid=39&cat=10">KEI</a>.
>
>---
>
>THE NEW WIPO DEVELOPMENT AGENDA
>
>PCDA Recommendations to 2007 General Assembly
>
>(As adopted 9:38 pm June 15, 2007)
>
>The PCDA decided to make the following recommendations to the 2007
>General Assembly:
>
>1.	To adopt the recommendations for action in the agreed
>proposals contained in the Annex;
>
>2.	To immediately implement the recommendations contained in the
>list submitted by the Chair of the PCDA, in accordance with
>paragraph X of the Report of the Fourth Session of the PCDA;
>
>3.	A Committee on Development and IP be established immediately to:
>
>a.	develop a work-program for implementation of the adopted
>recommendations;
>
>b.	monitor, assess, discuss and report on the implementation of
>all recommendations adopted, and for that purpose it shall
>coordinate with relevant WIPO bodies;
>
>c.	discuss IP and development related issues as agreed by the
>Committee, as well as those decided by the General Assembly.
>
>4.	The Committee will be composed of the Member States of WIPO
>and open to the participation of all accredited intergovernmental
>and non governmental organizations. It will consider and adopt rules
>of procedure based on the WIPO General Rules of Procedure at its
>first meeting, which will be convened in the first half of 2008. The
>number and duration of meetings of the Committee are to be decided
>by the General Assembly.
>
>5.	For the first meeting of the Committee, the present Chair of
>the PCDA is requested to prepare initial working documents,
>including a draft work program in consultation with Member States
>and the Secretariat. The draft work program should address, inter
>alia, the financial and human resources requirements for inclusion
>in WIPO's budgetary planning process.
>
>6.	The Committee will report and may make recommendations
>annually to the General Assembly.
>
>7.	The PCIPD shall cease to exist and the mandate of the PCDA
>will not be renewed.
>
>
>
>ANNEX B
>DRAFT AGREED PROPOSALS (as at 15 June 2007)
>
>
>CLUSTER A: TECHNICAL ASSISTANCE AND CAPACITY BUILDING
>
>1.	To assist Member States to develop and improve national IP
>institutional capacity through further development of infrastructure
>and other facilities with a view to making national IP institutions
>more efficient and promote fair balance between IP protection and
>the public interest. This technical assistance should also be
>extended to sub-regional and regional organizations dealing with IP.
>
>2.	To assist Member States to strengthen national capacity for
>protection of domestic creations, innovations and inventions and to
>support development of national scientific and technological
>infrastructure, where appropriate, in accordance with WIPO's mandate.
>
>3.	To further mainstream development considerations into WIPO's
>substantive and technical assistance activities and debates, in
>accordance with its mandate.
>
>4.	WIPO's legislative assistance shall be, inter alia,
>development-oriented and demand-driven, 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 timeframes for completion.
>
>5.	Within the framework of the agreement between WIPO and the
>WTO, WIPO shall make available advice to developing countries and
>LDCs, on the implementation and operation of the rights and
>obligations, and the understanding and use of flexibilities
>contained in the TRIPS Agreement.
>
>
>CLUSTER B: NORM-SETTING, FLEXIBILITIES. PUBLIC POLICY AND PUBLIC DOMAIN
>
>
>1.	In its activities, including norm-setting, WIPO should take
>into account the flexibilities in international IP agreements,
>especially those which are of interest to developing countries and
>LDCs.
>
>2.	To urge the IGC to accelerate the process on the protection
>of genetic resources, traditional knowledge and folklore, without
>prejudice to any outcome, including the possible development of an
>international instrument or instruments.
>
>3.	To initiate discussions on how, within WIPO's mandate, to
>further facilitate access to knowledge and technology for developing
>countries and LDCs to foster creativity and innovation and to
>strengthen such existing activities within WIPO.
>
>4.	To promote norm-setting activities related to IP that support
>a robust public domain in WIPO's Member States, including the
>possibility of preparing guidelines which could assist interested
>Member States in identifying subject matters that have fallen into
>the public domain within their respective jurisdictions.
>
>5.	WIPO shall conduct informal, open and balanced consultations,
>as appropriate, prior to any new norm-setting activities, through a
>member-driven process, promoting the participation of experts from
>Member States, particularly developing countries and LDCs.
>
>6.	WIPO's norm-setting activities should be supportive of the
>development goals agreed within the UN system, including those
>contained in the Millennium Declaration.
>
>The WIPO Secretariat, without prejudice to the outcome of Member
>States considerations, should address in its working documents for
>norm-setting activities, as appropriate and as directed by Member
>Sates, issues such as: a)  safeguarding national implementation of
>intellectual property rules [b) competition c) IP-related transfer
>of technology) d) potential flexibilities, exceptions and
>limitations for Member States and e) the possibility of additional
>special provisions for developing countries and LDCs.
>
>7.	To consider how to better promote pro-competitive IP
>licensing practices, particularly with a view to fostering
>creativity, innovation and the transfer and dissemination of
>technology to interested countries, in particular developing
>countries and LDCs.
>
>CLUSTER C: TECHNOLOGY TRANSFER, INFORMATION AND COMMUNICATION
>TECHNOLOGY (ICT) AND ACCESS TO KNOWLEDGE
>
>
>1.	To include discussions on IP-related technology transfer
>issues within the mandate of an appropriate WIPO body.
>
>2.	WIPO should cooperate with other intergovernmental
>organizations to provide to developing countries, including LDCs,
>upon request, advice on how to gain access to and make use of
>IP-related information on technology, particularly in areas of
>special interest to the requesting parties.
>
>3.	To undertake initiatives agreed by Member States which
>contribute to transfer of technology to developing countries, such
>as requesting WIPO to facilitate better access to publicly available
>patent information.
>
>4.	To have within WIPO opportunity for exchange of national and
>regional experiences and information on the links between IP rights
>and competition policies.
>
>CLUSTER D: ASSESSMENTS, EVALUATION AND IMPACT STUDIES
>
>1.	To exchange experiences on open collaborative projects such
>as the Human Genome Project as well as on IP models.
>
>2.	Upon request and as directed by Member States, WIPO may
>conduct studies on the protection of intellectual property, to
>identify the possible links and impacts between IP and development.
>
>3.	To strengthen WIPO's capacity to perform objective
>assessments of the impact of the organization's activities on
>development.
>
>
>CLUSTER E: INSTITUTIONAL MATTERS INCLUDING MANDATE AND GOVERNANCE
>
>1.	To consider how to improve WIPO's role in finding partners to
>fund and execute projects for IP-related assistance in a transparent
>and member-driven process and without prejudice to ongoing WIPO
>activities.
>
>2.	In accordance with WIPO's member-driven nature as a United
>Nations Specialized Agency, formal and informal meetings or
>consultations relating to norm-setting activities in WIPO, organized
>by the International Bureau, upon request of the Member States,
>should be held primarily in Geneva, in a manner open and transparent
>to all Members. Where such meetings are to take place outside of
>Geneva, Member States shall be informed through official channels,
>well in advance, and consulted on the draft agenda and program.
>
>
>And here are the 24 "Annex A" proposals agreed at the third session
>of the PCDA on 24 February 2007:
>
>
>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
>Least Developed Countries, 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 valuable 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-budgetary
>resources, 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
>intellectual property culture, with an emphasis on introducing
>intellectual property at
>different academic levels and on generating greater public awareness
>of intellectual property.
>
>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 intellectual property.
>
>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's 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 Setting, Flexibilities, Public Policy and Public Domain
>
>1. Norm setting activities shall:
>
>- be inclusive and member driven;
>- taken 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.
>
>2. Consider the preservation of the public domain within WIPO's
>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
>
>1. 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).
>
>2. 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.
>
>3. 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.
>
>4. 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.
>
>5. 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
>
>1. 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.
>
>2. 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.
>
>3. 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 those States.
>
>---
>Cluster E: Institutional Matters including Mandate and Governance
>
>1. To request WIPO, within its core competencies 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.
>
>2. To request WIPO to intensify its cooperation on IP related issues
>with UN agencies, according to Member States' 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.
>
>3. To conduct a review of current WIPO technical assistance
>activities in the area of cooperation and development.
>
>4. 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
>
>1. To approach intellectual property enforcement in the context of
>broader societal interests and especially development-oriented
>concerns, with a view that "the 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
>technology knowledge and in a manner conducive to social and
>economic welfare, and to a balance of rights and obligations", in
>accordance with Article 7 of the TRIPS Agreement.
>
>
>---
>
>Provisional Committee on Proposals Related to a WIPO Development
>Agenda  - Fourth Session
>
>Day 5 - 15 June 2007
>
>Notes taken by:
>
>Gwen Hinze - gwen at eff dot org, Electronic Frontier Foundation [GH]
>
>Teresa Hackett - teresa dot hackett at eifl dot net, Electronic
>Information for Libraries (eIFL) [TH]
>
>
>  [NOTE: This is not an official transcript. It's our best effort at
>  providing a faithful set of notes of the proceedings. Any errors and
>  omissions are unintentional and regretted.]
>
>  -=-=-=-=-
>  Copyright-Only Dedication (based on United States law)
>  Except where indicated in relation to specific text in the following
>  material, the person or persons who have associated their work with
>  this document  (the "Dedicator") hereby dedicate the entire
>copyright in the work of
>  authorship identified below (the "Work") to the public domain.
>  Dedicator makes this dedication for the benefit of the public at large
>  and to the detriment of Dedicator's heirs and successors. Dedicator
>  intends this dedication to be an overt act of relinquishment in
>  perpetuity of all present and future rights under copyright law, whether
>  vested or contingent, in the Work. Dedicator understands that such
>  relinquishment of all rights includes the relinquishment of all rights
>  to enforce (by lawsuit or otherwise) those copyrights in the Work.
>  Dedicator recognizes that, once placed in the public domain, the Work
>  may be freely reproduced, distributed, transmitted, used, modified,
>  built upon, or otherwise exploited by anyone for any purpose, commercial
>  or non-commercial, and in any way, including by methods that have not
>  yet been invented or conceived.
>  -=-=-=-=-
>
>[Ed note: Informal sessions were held all day on June 14, 2007. The
>previously- scheduled 3pm plenary did not take place.]
>=-=-=-=-=-=-=-=-
>
>
>Plenary recommenced 11:30 am
>[Scheduled for 10 am]
>
>Chair:
>Well good morning, we have our ususal prompt start at 11:30.
>Yesterday's 3 pm plenary was not cancelled but deferred until this
>morning. There is good news. We made considerable progress yesterday
>afternoon.
>
>Bangladesh obo Asian Group, reporting on Cluster C:
>There was good progress on this Cluster. The Asian Group had
>orginally put forward 5 proposals. We dropped one because it was
>covered in another cluster. We have clean text on most. Out of the
>four, the only outstandinig proposal is number two. There is a
>document outside of this room [GH ed note: there was not]
>
>With a little bit more effort we believe we will have agreement.
>What needs to be captured in language is WIPO needs to provide
>advice on areas of interest to DCs.  Hopefully when negoations
>recommence this morning, we can have agreement.
>
>Poland, reporting on Cluster D:
>
>We have an agreed text on Cluster D, distributed outside the room.
>The agreed text which contains three proposals is considerably
>different from the initial draft, arising from the spirit of
>cooperation and goodwill in the room.
>
>First proposal [in new document] comes from Cluster B. First
>proposal prepared by Poland dropped. The third prepared by Poland
>modified and now in proposal two. Fourth prepared by Poland split
>and now number 3, and second part dropped with flexibility of
>author. Fifth proposal dropped. That's why we have three proposals
>in Cluster D now.
>
>Chairman:
>Let me skip E for a few minutes
>
>Cluster E is coordinted by Italy obo Group B,  who is outside the room.
>
>Let me make a comment on F, unless the Russian Federation wants to
>do so. There are two items in Cluster F and both relate to the
>future, which is supposed to be the substance of discussions this
>afternoon. We did begin discussions on Cluster F.
>
>Russian Federation: The proposal included in cluster F were
>discussed and discussions still continuing.
>
>Italy:
>Thank you. Just a few words on Cluster E. Orginal draft prepared by
>Group B was three proposals.
>
>First was to reinvigorate PCIPD and was moved in to Cluster F
>because it deals with future of the process. Other two have been
>discussed. Outcome of discussion is what we have in front of us.
>There are four options on proposal one, and some language in square
>brackets in proposal two, concerning the place where meetings formal
>and informal, to be held in future [GH: ie Geneva or not]
>
>Concerning the first paragraph with the four options, we think that
>we can share some alternative language which captures the ideas
>contained in the options on the table.
>
>We would be glad to find common ground and common language when you
>recall the restricted meeting.
>
>Chairman: We have one outstanding proposal in Cluster C, two in
>Cluster E and two in Cluster F.
>
>Two outstanding in E and two outstanding in F, and the latter will
>lead us into dicusssion about future. Yesterday we had 15 minute
>preliminary discussion on future. I indicated to plenary on Monday
>and again yesterday the scope of things I think we need to consider
>for the future.
>
>We hope to get back to work immediately upstairs and get to work on
>the outstanding proposals, leading right into discussion on the
>future to indicate how the future work will be handled, workplan,
>costs, how we recommend to the General Assembly the actions in the
>future to deal with the remaining proposals.
>
>We hope to finalize a document that deals with the future - what
>sort of body, how it will work, what proposals are ready to be
>worked on and how we recommend to GA to proceed.
>
>However there is a strong committment on all sides that we will
>finish the work today, so that there are no proposals open for
>future discussion. There is  determination to finish the five
>outstanding proposals.
>
>The news continues to be good and I have indicated to the Conference
>Office that we can meet for a final plenary meeting at 5pm.
>
>I honestly believe it could be before that, but it is better to have
>more time and avoid apologies on the notice board, and have a good
>outcome.
>
>Unless there are comments, and I see none, we stand adjourned and
>Regional Coordinators upstairs.
>
>Meeting adjourned 11:45 am
>
>---
>
>PCDA - Fourth Session
>Day 5, Final Session
>
>Plenary reconvened at 8:50 pm
>
>Chair:
>
>I hope we have heard the last of that bell.
>
>Let me thank you for all those who stayed downstairs, and for your
>patience while we toiled upstairs. I don't know what we would have
>done in your shoes.
>
>Thank you for staying to celebrate the end off the process for our
>closing ceremony - our closing session. Thank you also to all our
>translators
>
>We are now at item 5 of the agenda, the adoption of the draft report
>of the PCDA. This includes lots of information, including your
>interventions. You have in front of you a draft report and a
>recommendation. The draft report will be communicated to Missions of
>Member States by July 16. It will also be communicated to IGS and
>NGOs by the WIPO website in same timeframe, by July 16. I would ask
>that any comments be communicated to Secretariat by July 31. Any
>modifications from there will be put into report to be adopted at
>the resumed PCDA on September 4. That will be a short meeting. It
>will just adopt that report.
>
>Now I move to item 6, adoption of draft report and recommendation to
>the GA, now in front of you. The draft report was prepared outside.
>The sense of finality of our mission is reason for the length of
>time of discussion. We have all worked hard over these last 3 years
>and wanted the document to communicate the same spirit and sense and
>expectation of the process for the last 3 years.
>
>The draft report refers to a para x, which will become a number in
>the report of PCDA/4 communicated to you on July 16.
>
>You will note that the draft report to the GA, in the back, in
>penultimate line, states:  "No agreement was reached on proposals in
>Annex 2" Let me confirm that we have reached agreement on all the
>clusters. That is wrong and will be amended. Thank you to Italy for
>drawing it to our attention. As you know we prepare some of these
>documents in advance.
>
>There is no Cluster F because the proposals in it have been dealt
>with in the recommendation of the PCDA to GA (ie the creation of a
>new committee and that PCIPD will cease to exist).
>
>
>In the report of the fourth session, we are asking the pCDA to
>approve the continuation of some discussions in order for us to
>arrive at the identification of those agreed proposals that can be
>implemented early. I ask the Sec to read the text of that paragraph.
>
>You will also see that the recommendation also asks the GA to have
>the new committee on development and intellectual property agree on
>those proposals that can be implemented immediately.
>
>WIPO Secretariat:
>
>We do have a draft para to be inserted in item 6  in draft PCDA 4
>report. (He reads it)
>
>In light of the interests in the Member States to accelerate the
>discussion, the PCDA recommendation asks the new committee by June
>and September 2007, to identify by consensus those proposals that
>can be implemented immediately if the PCDA's recommendation is
>approved by the General Assembly.
>
>Chair:
>
>The Annex will include both the proposals from Annex A (24 from
>February) and those from Annex B (21 agreed this week).
>
>I hope that makes things clear. Any need for clarification before we
>move to the Closing Session?
>
>I am reminded that this Session will not be closed, but suspended
>until September 4, when the report will be finally adopted and then
>this session will become closed. And if everything is agreed by the
>GA, this will be the final session of the PCDA.
>
>
>My good friend from Russia.
>
>Russian Federation: We agree with the proposal that you have just
>put to us. We would like to raise the issue that all the documents
>distributed this week will be translated into Russian and all the
>other languages.
>
>Chair: yes confirmed that that will be done.
>
>Now we move to the Closing Session. And as with all things in life
>there is need for balance. There is need for lengthy commendation of
>the achievement of today. But there is also need for us to get home
>and have a shower and some dinner. You have waited so long so there
>is a need to say what you need to do. But please remember the
>translators.
>
>I want to thank Brazil and Argentina for initiating these
>discussions, and for the countries that supported them. I also want
>to thank Group B - there are lots of things to say. We have had some
>interesting moments upstairs, but Group B has demonstrated lots of
>flexibility upstairs, as did the Group of Friends of Development. It
>was the flexibility of those two groups that allowed us to have this
>achievement. I think I played a role. I put forward some suggestions
>for text that lasted about 10 minutes. So I think I played a small
>role.
>
>I always give you my golfing story. Just because the last shot went
>well, it doesn't mean that next will. Now we have to work on
>implementation.
>
>My next comment is that IP is complex and becoming more and more so,
>and will only become so in global context. So I congratulate you on
>what you have achieved in this context.
>
>I would not have survived without help, and my help on my right, are
>reminding me to thank all the Regional Coordinators.
>
>The floor is now open.
>
>Algeria:
>
>Thank you. As you said, for every beginning there is also an end,
>and perhaps the best endings are the most successful ones. The AG
>welcomes the positive results and we hope that they continue to
>implement the results. We want to thank you Mr. Chair for your
>effort, your open-mindedness and expertise that allowed us to reach
>these conclusions. We want to thank my colleagues for their
>flexibility and cooperation that they have shown this week. We also
>want to thank the Secretariat for efforts and the translators, for
>staying until this late hour.
>
>The African Group throughout negotiations on Development Agenda has
>tried to be constructive and helpful. We became the bridge. We think
>that the recommendation will make WIPO be effective. We ask all our
>partners to work with same enthusiasm and commitment to achieve good
>outcome in implementation.
>
>Barbados:
>
>Today is a significant day in the history of WIPO. It marks the
>point of success of a process that was begun 3 years ago. Could not
>have been done without, inter alia, your assistance Mr. Chair.
>
>Bangladesh:
>
>Mr. Chair, I believe I speak for all members of the Asian Group in
>saying that we are satisfied with the outcome of the negotiations
>and recommendations. We not only have an agreed set of proposals,
>but also recommendations for their implementation.
>
>Our Group thank you Mr. Chair, our colleagues, the WIPO IB
>Secretariat and all WIPO staff supporting this, interpreters who
>have stayed to help us and Director General for his commitment to
>this process. Would also like to take this opportunity to thank
>India and Singapore for organizing two very successful meetings that
>succeeded in guiding our work.
>
>Thanks also to the Asia Group members for their support. Look
>forward to GA and hopes that effective implementation of
>recommendations will be approved.
>
>Russian Federation:
>May our Regional Group also join the congratulations expressed here.
>Truly because of your skilful guidance that we have succeeded in
>achieving the proposals we have before us. We thank WIPO
>Secretariat, and all who have guided our work, interpreters, and
>thank other Regional Groups for their patience, and intense
>endeavors to arrive at acceptable results.
>
>Italy:
>
>I want to express gratitude of all Group B members for allowing us
>to achieve this good result. No good stone unturned. After positive
>meeting in February, everyone thought that June meeting on 71
>proposals would be difficult but have had positive outcome. We hope
>that positive results achieved here will spread to other parts of
>WIPO.
>
>Thanks to all Group B members who supported me and David (US) in a
>very tough negotiation.
>
>Poland on behalf of the Group of Central European, Caucasus, and
>Baltic States:
>
>Congratulations to Chair on skilful leadership that allowed us to
>reach final step in negotiations. Thank fellow RCs, other
>negotiators, those waiting downstairs, WIPO Secretariat and all WIPO
>staff, translators waiting for us.
>
>China:
>
>Under your leadership Mr. Chair we have reached this great
>conclusion. It is thanks to your great expertise, leadership skills
>that we have reached this great success. Thanks also to WIPO
>Secretariat, Member States and Regional Groups for their candor,
>cooperation and inclusiveness and the patience and flexibility shown
>during negotiations. Want to thank governments of India and
>Singapore for contributing to the advancement of smooth discussions
>of Development Agenda.  Thank all parties working on principle of
>agreeing on major issues, leaving aside differences on language,
>looking forward to working cooperatively with all delegations on
>this.
>
>Sudan:
>
>Thank you Mr. Chair for your patience and efforts during this
>session, and particularly the Regional coordinators of the African
>Group.  We are pleased at this positive outcome after the initial
>failure and obstacles that we encountered. We hope that this
>momentum flows into our future work.
>
>Morocco:
>
>The journey was long and hard. Thank you for Chair's
>results-oriented approach. Results could not have been reached
>without flexibility and cooperation of Member States. Real test is
>results the program achieves.
>
>Thanks also to all Members of the African Group and to Mr. Busman
>Sari, the former coordinator of the African Group.
>
>India:
>
>Thanks to Chair, Mr. Sheriff Abdullah and Mr. Pushpin Ray from the
>WIPO Secretariat, and my other colleagues who thanked India for its
>leadership.
>
>Italy's comment re maintaining status quo.
>
>Argentina:
>
>This is a particularly important milestone as others have said. We
>initially put forward a proposal in 2004 but the underground work
>went on for quite some time before then.
>
>Would like to thank all Group of Friends of Development individually
>who have maintained their ambition and resolve over these years.
>Thanks Chair for your work, which was very important to our outcome,
>commend work from colleagues and Member States and other
>institutions that have accompanied us today, and the interpreters.
>
>Chair: Let me thank all of you, anyone I did not name. I want to
>recognize the NGOs - I want you to know that we value your
>contribution. And also the interpreters.
>
>And now the meeting is adjourned.
>
>
>9:32 pm
>
>
>----
>--
>
>Gwen Hinze
>International Affairs Director
>Electronic Frontier Foundation
>Email:gwen@eff.org
>Tel.: + 1 415 436 9333 x110
>
>Please support EFF - Working hard to protect your digital rights and
>freedom of speech since 1990


--
Gwen Hinze
International Affairs Director
Electronic Frontier Foundation
Email:gwen@eff.org
Tel.: + 1 415 436 9333 x110

Please support EFF - Working hard to protect your digital rights and
freedom of speech since 1990