[A2k] Oppn to officials taking up plum posts in WTO, WIPO

[Sangeeta]

Oppn to officials taking up plum posts in WTO, WIPO
Joe C Mathew / New Delhi=A0August 08, 2009, 0:25 IST

Civil society groups have complained against the practice of senior commerc=
e
ministry officials taking up plum posts with international agencies such as
the World Trade Organization (WTO) and World Intellectual Property
Organisation (WIPO) with whom they have been involved in direct negotiation=
s
on issues of national interest.

What triggered the protest is the recent appointment of N N Prasad, former
joint secretary who was handling intellectual property issues in the
Department of Industrial Policy and Promotion (DIPP), as Chief De Cabinet t=
o
the secretariat of the WIPO director general.

Organisations such as the National Working Group on Patent Laws and All
India Science Network feel the appointment, which happened while Prasad was
negotiating India=B9s position on patents with WIPO, was not in the right
spirit. The fact that the incumbent joint secretary who is to fill Prasad=
=B9s
vacancy in DIPP is his wife =8B Anjali Prasad =8B has also been criticised.

=8CThis is a clear case of conflict of interest. We may not have any hard
evidence to suggest any ulterior motives, but as a principle, we need to
guard against the possibility of conflict of interest in sensitive areas
like WTO or WIPO,=B2 said Amit Sen Gupta, convenor of the All India Science
Network.

According to Gupta, officials in charge of negotiations with multilateral
bodies are supposed to protect the interest of one=B9s country. =B3In case =
they
want to join such international agencies, there has to be at least a coolin=
g
period before he can join them,=B2 he added.

In fact, in a letter to DIPP Secretary Ajay Shankar on April 4, Indian
Pharmaceutical Alliance (IPA), the select group of leading domestic drug
companies, had expressed a similar disappointment owing to India=B9s failur=
e
to =B3consolidate its position with the developing country member states=B2=
 in
WIPO=B9s standing committee meeting on the Law of Patents.

Commenting on the meeting held during March 23-27 in Geneva, the IPA letter
states that =B3Brazil was more vocal and forthcoming, but India=B9s passive=
 role
has intrigued many observers in Geneva=8A.The rumours linking India=B9s sub=
dued
position to appointment of a senior official from New Delhi in the
Secretariat is driving a wedge between India and the rest of the developing
countries. We believe that India has always maintained its dignity and not
compromised its stand on key issues for any such positions=8A.However, the
rumours have compromised India=B9s position vis-=E0-vis its close allies,=
=B2 the
letter stated.

The developing nations, including India, are yet to agree upon several
clauses suggested by WIPO. In fact, IPA says the four priorities identified
by the WIPO director general for WIPO may not really have helpful
implications for developing countries. =B3The organisational changes involv=
ing
virtual abolition or dilution of programmes clustered together for deriving
the economic benefits of intellectual property, redeployment of experienced
and knowledgeable officials helping developing countries in legislative
framework of IP, advising on TRIPS flexibilities....are indicative of the
direction in which the new DG wants to take the WIPO at the cost of the
developing countries,=B2 the IPA letter points out.

The National Working Group (NWG) on Patent Laws, which intends to take up
the matter at the highest level, said Prasad=B9s case was not an isolated
case. =B3At least half a dozen officials have left the commerce ministry to
take up jobs in WTO and WIPO. So, this should not be seen in isolation. The
government should check if its rules have been flouted while granting
permissions for such assignments,=B2 a senior member of NWG on Patents said=
.

He also pointed out that the Department of Personnel and Training, which
approves all such foreign assignment applications from senior civil
servants, had in 2004 issued a directive prohibiting such assignments.

According to him, the directive says that =B3if an official has been dealin=
g
with an international agency in his official capacity at any time during th=
e
previous five years, he may not accept a consultancy assignment from that
agency=8A=B2

An email query sent to department remained unanswered. The DIPP secretary
was not reachable for comments.

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