[Ecommerce] FYI: Paper on WIPO

[Manon Ress]

Dear colleagues,
FYI: Here's a link to an excellent paper by Sisule F. Musungu and Graham
Dutfield on the World Intellectual Property Organization (WIPO), its
origins, evolution, activities and its mandate. Annexes on treaties,
policy advisory commision members and observers etc. are also useful to
anyone "watching WIPO"!

Hard copies of the paper are also now available and you can get copies
from QUNO (quno@quno.ch) or QIAP (qiap@quaker.ca) in Canada.

http://geneva.quno.info/pdf/WIPO(A4)final.pdf

QUOTE:
This paper focuses on the development of TRIPS-plus standards at the
multilateral level, in particular, at the World Intellectual Property
Organisation (WIPO).

Three broad concerns have prompted the focus on WIPO. First, despite the
major role that WIPO has played in globalising intellectual property
rules, the overwhelming majority of recent literature on intellectual
property and development issues has been devoted to the TRIPS Agreement.
Secondly, a perception
that WIPO=92s mandate =96 as contained in its founding convention =96 is
limited to the promotion of intellectual property and does not embrace
development objectives. The final concern arises over WIPO=92s actual
activities especially those aimed at harmonising patent law standards
and at providing technical assistance to developing countries.

Following the introduction, part 2 provides a brief background on the
origins and evolution of WIPO. It traces the organisation=92s history from
the creation of a secretariat to administer the Paris Convention in 1883
to the creation of WIPO itself in 1970 and to WIPO becoming a
specialised agency of the United Nations (UN) in 1974. Part 3 outlines
the mandate and objectives of WIPO, the scope and purpose of the
treaties administered by the organisation, its structure and
decisionmaking organs and processes as well as its vision.

Part 4 examines the Patent and Digital agendas as well as technical
assistance activities of WIPO and their potential TRIPS-plus implications:

=95 The harmonisation of substantive patent law standards as proposed in
the current negotiations in WIPO is likely to result in TRIPS-plus
standards for developing countries which will reduce their flexibility
in defining patentability requirements, among other flexibilities. The
harmonisation process is also unlikely to accommodate the interests of
developing countries because of the stance of the International Bureau
of WIPO and the disproportionate influence of industry groups in the
negotiations.

=95 In the Digital Agenda, although the WIPO Copyright Treaty (WCT) and
the WIPO Performances and Phonograms Treaty (WPPT) are fairly balanced,
the ongoing negotiations about possible protection of broadcasters
rights outside the framework of the Rome Convention may result in
TRIPS-plus standards. The proposed treaty may create expansive rights
for up to 50 years for broadcasters, cable and webcasters over materials
that they had no hand in creating.
=95 There are dangers in WIPO=92s technical assistance activities
over-emphasising the benefits of intellectual property over the costs
and the need to use TRIPS flexibilities. There are also dangers that the
International Bureau might through technical assistance activities,
exercise undue influence over the representatives of developing countries.

Part 5 highlights several issues that developing countries,civil society
groups and development organisations need to take into account to ensure
that WIPO=92s current and future activities are development-oriented. In
particular, the paper considers:

=95 the possibilities of reconfiguring and/or reinterpreting the mandate
of WIPO as a specialised agency of the UN to serve development objectives;
=95 increasing the participation and influence of developing countries at
WIPO;
=95 dealing with entrenched business interests;
=95 increasing the role of civil society and other development
organisations in WIPO processes; and,
=95 how to improve the design and delivery of technical assistance.

Part 6 concludes that for WIPO processes and activities to fully take
into account the development perspective and to ensure that new
multilateral treaties do not result in TRIPSplus standards, there is a
need to:

=95 properly construe the mandate of WIPO in the context of its agreement
with the UN;
=95 increase the participation and influence of developing countries,
civil society and other development organisations in WIPO processes as a
counterweight to developed countries and business interests that
currently dominate WIPO=92s processes;
=95 ensure that the International Bureau serves the interests of all WIPO
members and does not cave in to threats of withdrawal by industry
players; and,,
=95 separate the norm setting functions of the International Bureau from
its technical assistance activities.

END OF QUOTE

--
Manon Anne Ress
Consumer Project on Technology
www.cptech.org
PO Box 19367, Washington, DC 20036
manon.ress@cptech.org, voice: 1.202.387.8030, fax: 1.202.234.5176