[A2k] 45 Development Agenda proposals to be adopted at WIPO today

[Thiru Balasubramaniam]

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http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=3D85452

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CLUSTER A:  TECHNICAL ASSISTANCE AND CAPACITY BUILDING

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.

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-budgetary resources,
to promote, inter alia, the legal, commercial, cultural, and economic
exploitation of intellectual property in these countries.

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.

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 settingup appropriate national strategies
in the field of IP.

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.

WIPO=92s 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=A0States a roster of
consultants for technical assistance available with WIPO.

Promote measures that will help countries deal with IP related
anticompetitive 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.

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
subregional IP organizations to access specialized databases for the
purposes of patent searches.

Request WIPO to create, in coordination with Member States, a database
to match specific IPrelated development needs with available resources,
thereby expanding the scope of its technical assistance programs, aimed
at bridging the digital divide.

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
subregional and regional organizations dealing with IP.

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=92s mandate.

To further mainstream development considerations into WIPO=92s
substantive and technical assistance activities and debates, in
accordance with its mandate.

WIPO=92s legislative assistance shall be, inter alia, developmentoriented
and demanddriven, 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.

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=A0Agreement.


CLUSTER B:  Normsetting, flexibilities, public policy and public=A0domain

Normsetting 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 intergovernmental
organizations and nongovernmental organizations;  and
be in line with the principle of neutrality of the WIPO Secretariat.

Consider the preservation of the public domain within WIPO=92s normative
processes and deepen the analysis of the implications and benefits of a
rich and accessible public domain.

In its activities, including normsetting, WIPO should take into account
the flexibilities in international IP agreements, especially those
which are of interest to developing countries and LDCs.

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.

To initiate discussions on how, within WIPO=92s 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.

To promote norm-setting activities related to IP that support a robust
public domain in WIPO=92s Member States, including the possibility of
preparing guidelines which could assist interested Member=A0States in
identifying subject matters that have fallen into the public domain
within their respective jurisdictions.

WIPO shall conduct informal, open and balanced consultations, as
appropriate, prior to any new normsetting activities, through a
memberdriven process, promoting the participation of experts from
Member States, particularly developing countries and LDCs.

WIPO=92s normsetting 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 normsetting
activities, as appropriate and as directed by Member=A0States, issues
such as:  (a) safeguarding national implementation of intellectual
property rules (b)=A0links between IP and competition (c)=A0IPrelated
transfer of technology (d) potential flexibilities, exceptions and
limitations for Member=A0States and (e) the possibility of additional
special provisions for developing countries and LDCs.

To consider how to better promote procompetitive 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
Technologies (ICT) and Access to Knowledge

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).

To explore IPrelated 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.

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.

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

To explore supportive IPrelated policies and measures Member States,
especially developed countries, could adopt for promoting transfer and
dissemination of technology to developing countries.

To include discussions on IP-related technology transfer issues within
the mandate of an appropriate WIPO body.

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.

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.

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:  Assessment, Evaluation and Impact Studies

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

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.

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.

To exchange experiences on open collaborative projects such as the
Human Genome Project as well as on IP models.

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.

To strengthen WIPO=92s capacity to perform objective assessments of the
impact of the organization=92s activities on development.


CLUSTER E:  Institutional Matters including Mandate and Governance

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.

To request WIPO to intensify its cooperation on IP related issues with
UN agencies, according to Member States=92 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.

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

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.

To consider how to improve WIPO=92s role in finding partners to fund and
execute projects for IPrelated assistance in a transparent and
member-driven process and without prejudice to ongoing WIPO activities.

In accordance with WIPO=92s memberdriven nature as a United Nations
Specialized Agency, formal and informal meetings or consultations
relating to normsetting 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.


CLUSTER F:  Other Issues

To approach intellectual property enforcement in the context of broader
societal interests and especially developmentoriented concerns, with a
view that =93the 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=94, in accordance with Article 7 of the TRIPS
Agreement.


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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
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