[Ecommerce] Inter Press Service New Agency: South Gains Ground in Intellectual Property Debate

[Thiru Balasubramaniam]

*DEVELOPMENT:
South Gains Ground in Intellectual Property Debate /

/ Gustavo Capdevila *


*GENEVA, Oct 5 (IPS) - Countries of the developing South successfully
lobbied the World Intellectual Property Organisation (WIPO) to
incorporate development goals and consumer rights, to counterbalance the
interests of powerful nations and corporations, in a resolution adopted
Tuesday. *

The decision by the WIPO general assembly =94is a breakthrough move by the
U.N. body, which has been often accused of caring more for the rights of
intellectual property owners than of users, especially those in
developing countries,=94 said a statement by Consumers International, the
worldwide federation of consumer organisations.

The proposal that was approved with a few modifications was introduced
by Brazil and Argentina with the backing of Bolivia, Cuba, the Dominican
Republic, Ecuador, Iran, Kenya, Sierra Leone, South Africa, Tanzania and
Venezuela.

The resolution by the general assembly not only represents a victory for
the developing South, but also =94a change in culture and direction for
WIPO...(which) will never be the same,=94 said U.S. activist James Love
with the Consumer Project on Technology.

WIPO, which did not become part of the U.N. system until 1974,
administers the international treaties on intellectual property and
copyrights. It is unique in that it is made up of representatives of the
private sector as well as the member states.

=94For generations WIPO has responded primarily to the narrow concerns of
powerful publishers, pharmaceutical manufacturers, plant breeders and
other commercial interests,=94 more than 500 prominent scientists and
intellectuals from around the world stated two weeks ago in a document
titled =94The Geneva Declaration on the Future of the World Intellectual
Property Organisation=94.

Consumers International observed that the resolution that was approved
by the WIPO general assembly contains many of the ideas expressed by the
Geneva Declaration.

The member states cannot ignore certain complaints that have been made
public, said Argentine representative Alfredo Chiarad=EDa, who called for
WIPO to become a more receptive, transparent and inclusive forum for all
of its members and all sectors of civil society.

The final resolution adopted by WIPO includes the developing nations'
proposal to establish a =94development agenda=94.

The organisation also decided to set up a working group to examine how
the new guidelines can be applied, which will hold meetings open to
observers from inter-governmental and non-governmental organisations,
and is to present a report on Jul. 30, 2005, to be submitted to the next
general assembly, scheduled for September 2005.

WIPO also committed itself to organising a joint international seminar
on intellectual property and development with other multilateral
organisations like the U.N. Trade and Development Conference (UNCTAD),
the World Health Organisation (WHO) and the U.N. Industrial Development
Organisation (UNIDO).

In the final version approved by the general assembly, the World Trade
Organisation (WTO) was also included in the list of international bodies
that will help organise the seminar, although it did not figure in the
original proposal set forth by Argentina and Brazil.

Industrialised countries were initially hesitant in their reaction to
the proposal, arguing that WIPO already deals with development issues
through cooperation programmes with specific countries or regions, to
which it has earmarked around 500 million dollars for the 2004-2005
period, 85 percent of which is covered by revenues from patent
registration and copyright systems.

But Uruguayan representative Guillermo Valles underlined that the
development focus advocated by the countries that backed the initiative
is not limited to technical assistance or cooperation.

=94A WIPO development agenda would obviously need to take into account any
possible negative impact on the users of intellectual property, on
consumers at large, or on public policy in general, not just the
promotion of the interest of intellectual property owners,=94 said a
delegate from India.

The group of developing nations argued that it is essential to reform
the existing intellectual property treaties to ensure that they favour
real transfer of technology to developing countries, and especially to
those defined by the U.N. as =94least developed countries=94.

Anna Fielder, Director of the Consumers International Office for
Developed and Transitional Economies, said =94The WIPO decision to move on
this resolution is good for creators and consumers alike. We
particularly welcome the willingness to look at increasing access to
knowledge and technology in developing countries.=94

The resolution also proposes an evaluation of the possibility of
suspending negotiations on new treaties that would strengthen protection
of intellectual property and place a burden on the fragile bureaucracies
of developing countries.

James Love said that =94For years, WIPO has pushed to expand the scope and
level of intellectual property rights, and told developing countries
that this would help their development.=94

But =94Today WIPO supported an entirely different approach, which
emphasised free and open source software, public domain goods like the
human genome, patent exceptions for access to medicine, the control of
anti-competitive practices, and other measures that have been ignored by
WIPO for years,=94 he added. (END/2004)