[A2k] General statement of Brazil to the 47th WIPO General Assemblies

[Thiru Balasubramaniam]

http://www.keionline.org/node/597

General statement of Brazil to the 47th WIPO General Assemblies


Brazil's General Statement to the WIPO General Assemblies was
delivered by H.E. Ambassador Roberto Azevedo, Head of the Delegation
of Brazil. The statement broached many topics including the treaty for
the sharing of accessible works for persons who are blind or have
other reading disabilities, the legitimate trade of generics and the
Development Agenda.

Here is an excerpt of the intervention dealing with the treaty for
reading disabled persons:

"In the SCCR, Brazil favours further comprehensive discussions on
limitations and exceptions. More specifically, achieving progress on
talks about a legal instrument that makes access to education and
culture possible for the visually impaired will be the ultimate test
for the capacity of WIPO to live up to the values of the United
Nations and to contribute to the attainment of the Millennium
development goals. We must continue to work towards an effective
convergence of the international systems for the protection of human
rights and of intellectual property."

The full statement is reproduced below

Statement by Ambassador Roberto Azevedo
Head of the Delegation of Brazil
47th Assemblies of the World Intellectual Property Organization
Geneva, September 22nd to October 1st, 2009

Mr. Chairman,

Let me start by congratulating you on your election to the highest
decision-making position within the World Intellectual Property
Organization. Under your leadership, Ambassador Dumond, our work will
be in good and experienced hands. You may always count on the
delegation of Brazil to help you during this period of sessions of the
General Assemblies.

May I also express the satisfaction of my delegation with the presence
among us, as usual during the Assemblies, of representatives from
civil society, the private sector, and the academic community, all of
whom have traditionally enriched the debates held here with their
respective contribution.

I would finally like to thank the Director-General of WIPO, Francis
Gurry and, through him, also thank the Secretariat for their valuable
work.

Mr. Chairman,

As a specialized body within the UN system, WIPO has not only the
legitimate credentials, but also the necessary expertise and human
resources that enable it to take centre stage in the debate on the
evolution of the international system for the protection of
intellectual property.

We believe that it is in the best interest of all member States to
preserve the role of WIPO in setting intellectual property rules,
principles and procedures. Initiatives outside WIPO will lack
legitimacy and will fail to fulfil the most basic and necessary
requirements to prosper. Furthermore, they will not enjoy the support
of the most dynamic markets in today=92s world economy. Consensus
building is possible as long as the interests of all parties are taken
into account.

Brazil will always be in favour of multilateral approaches. In
intellectual property, multilateralism is only found in WIPO. We are
ready to contribute in building a work program that is balanced and
capable of effectively addressing the multiplicity of interests and
social and economic realities represented in this Organization.

In his report to the Assemblies in the opening session, the Director-
General, Francis Gurry, stated that one of the questions he believed
he and the Secretariat should continually ask themselves was (quote)
=93=85.what does a Member State get out of being part of this
Organization?=94 (unquote).

Developing countries ask themselves the same question.

In our view, Mr. Chairman, one of the answers to that question is to
be found in the Development Agenda, which was approved in 2007. We
believe that a key element to strengthening the role played by WIPO is
to make progress in the implementation of the Development Agenda.

As is well known, the main goal of the Agenda is to extend the
benefits of the intellectual property system to developing countries
as well as to those communities not yet integrated into the economy of
innovation. With a view to implementing the Development Agenda,
adjustments will have to be made in the very way in which WIPO has
traditionally operated. Firstly, a change in the Organisation=92s
culture will have to take place with the aim of not only providing for
greater transparency and accountability across WIPO, but also allowing
member States to have a higher degree of control over the activities
of the Organisation. Secondly, there is a need for a systemic approach
leading to the mainstreaming of the recommendations of the Development
Agenda into the work of all Committees. Towards that end, Brazil
supports the setting up of a system for monitoring, coordinating, and
assessing progress in the implementation of the Development Agenda,
now under consideration at the Committee on Development and
Intellectual Property.

One of the pillars of the Development Agenda is undoubtedly capacity
building. Brazil believes, however, that capacity building cannot be
confined to ensuring compliance; capacity building goes much beyond
that; it must enable developing countries to take advantage of the
intellectual property system.

To a large extent, the Development Agenda constitutes uncharted
territory within WIPO, thereby requiring member States to adopt a path-
finding mindset. We have the challenge of learning =93on the run=94. That
is why methodologies used for implementing and monitoring the Agenda
must remain flexible and open to adjustments as we make progress.

Mr. Chairman,

The fundamental objective of the Development Agenda -- of extending
the benefits of the intellectual property system to countries and
communities excluded from innovation --, must guide our deliberations
on the renewal of the IGC on Intellectual Property and Genetic
Resources, Traditional Knowledge and Folklore. The expectation of
Brazil=92s delegation is that the Assembly will be able to overcome the
circumstances that prevented agreement at the last session of the
Committee. We do hope that the IGC will be given a fresh and strong
mandate calling for the negotiation of legally binding instruments.

In the SCCR, Brazil favours further comprehensive discussions on
limitations and exceptions. More specifically, achieving progress on
talks about a legal instrument that makes access to education and
culture possible for the visually impaired will be the ultimate test
for the capacity of WIPO to live up to the values of the United
Nations and to contribute to the attainment of the Millennium
development goals. We must continue to work towards an effective
convergence of the international systems for the protection of human
rights and of intellectual property.

At the ACE, resumption of work will provide a good opportunity for a
qualitative change in the approaches dealing with enforcement issues.
Results in combating infringement of intellectual property rights can
only be effective if they are sustained over time, if they touch on
all the dimensions of this complex question, and if they contribute to
the achievement of the objectives of the international system of
intellectual property, as defined by the TRIPS Agreement. Against this
background, it is imperative, for instance, to prevent abusive
enforcement measures that do not respect the principle of
territoriality and that create barriers to the legitimate trade of
generic drugs, thereby de facto denying the right of access to medicine.

Mr. Chairman,

Brazil wishes to enhance its contribution to WIPO.

As I have already said, it is in our interest to support the central
role this Organization must play in the international debate of
intellectual property.

With that in mind, Brazil will be presenting concrete contributions
over the next few months.

At the SCP, we are in the process of finalizing submissions on (i)
exceptions and limitations; (ii) sufficiency of disclosure, (iii) data
base, and (iv) South-South cooperation among patent offices.

Within the ACE, Brazil will submit a proposal for a work program.

At the CDIP, we will seek to foster debates on: (i) the interplay
between intellectual property and competition policy and (ii)
technology transfer.

In the SCCR, we will keep contributing to make progress on exceptions
and limitations.

Brazil is also open to a balanced debate on the reform of the PCT.

In conclusion, Mr. Chairman, let me recall once more the key question
contained in the Director General=92s report: =93=85.what does a Member
State get out of being part of this Organization?=94

 From the perspective of a developing country, the future paths for
WIPO will be determined by our ability to adequately answer this
question. We must resist the temptation to impose answers. We must
find them together.

Thank you.

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Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)
thiru@keionline.org


Tel: +41 22 791 6727
Mobile: +41 76 508 0997