[Ip-health] WIPO General Assemblies begin with Groups pronouncing their positions on contentious issues

[Sangeeta]

The article below shows the general positions of Group B, African, Asian an=
d
Group of Friends of Development on the Development Agenda, patents and
broadcasting issues.
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=A0WIPO General Assemblies begin

Geneva, 26 Sep (Sangeeta Shashikant) -- The meetings of the WIPO General
Assembly (GA) began on Monday (25 September), with Members generally
proclaiming their positions on issues that are expected to be contentious
and to dominate much of the debate at this current annual session.

The three areas of most contention that are up for decision at the GA are
the work plan for WIPO's Standing Committee on Patents (SCP) in respect of
the Substantive Patent Law Treaty (SPLT); the direction and future of the
Development Agenda initiative; and approving the recommendation of the
Copyright Committee to convene a diplomatic conference to finalize
negotiations on a new treaty on the protection of broadcasting and
cablecasting organizations (See SUNS #6105 dated 25 September 2006.)

The statements made by the Group of Friends of Development (GFOD), the Asia=
n
Group, the African Group and Group B (comprising developed countries) give
an indication of the positions that they will take on these contentious
issues when in-depth discussions begin later in the week.

On the first issue, the statements of the GFOD, the African Group and the
Asian Group suggest that they will not accept any decision to move forward
with discussions in the SCP on the SPLT, if their issues and concerns are
not taken into account.

The GFOD is comprised of Argentina, Bolivia, Brazil, Cuba, Dominican
Republic, Ecuador, Egypt, Iran, Kenya, Peru, South Africa, Sierra Leone,
Tanzania, Uruguay, and Venezuela.

Switzerland, on behalf of Group B, said that it continues to believe that a
limited work-plan (i. e. addressing the "initial package of priority items"
- the "definition of prior art, grace period, novelty and non obviousness/
inventive step") is the way forward for the SCP.

The GFOD, the African Group and the Asian Group called for discussions on
the Development Agenda that have been taking place in the last year in the
Provisional Committee (PCDA) to continue and for the committee's mandate to
be renewed, and presented suggestions on how to move forward with the
initiative. The GFOD, initiators of the Development Agenda, stressed that
the best approach would be "an inclusive process in which all positions are
taken on board, and seriously debated on substance and merit".

Glaudine Mtshali, the Ambassador of South Africa, a member of the GFOD and
the African Group, made clear that to her delegation the Development Agenda
is more than just technical assistance. She said that norm-setting is at th=
e
"core".

Group B, on the other hand, expressed support for the paper presented by th=
e
Chair of the PCDA Ambassador Rigoberto Gauto Vielman of Paraguay saying tha=
t
it was a "workable" and "balanced" solution and a way forward for
discussion. However, the paper on the way forward presented by the Chair ha=
s
been rejected several times in the PCDA meetings by many developing
countries, including the GFOD, on the basis that the paper excludes many
items that are considered to form the core development agenda for WIPO. The
paper has since then been adopted by the Republic of Krgystan and presented
as its own proposal.

On the issue of convening a diplomatic conference, the GFOD and the African
Group stressed the importance of including safeguards to protect the public
interest and that any text that forms the basis for discussions during the
diplomatic conference should not include webcasting and simulcasting.

The Brazilian Minister of Culture, Gilberto Gil, who is also a renowned
musician, on this issue cautioned that if the Assembly confirms the
convening of a diplomatic conference, WIPO Members are consciously assuming
the risk of another failure at WIPO (as there are many issues pending),
repeating the outcome of the diplomatic conference of the year 2000 that wa=
s
meant to approve a new audiovisual treaty.

Minister Gil also raised several concerns pertaining to the current IP
trends that were also echoed by several other developing-country
delegations. He said that in the face of the widening scope of intellectual
property, there is no more space to keep discussing the subject based on
simplifications, reductionisms and dogmas. "If we do not engage in a seriou=
s
and honest debate about the direction that IP protection should take, we
risk endangering development in the majority of countries and jeopardizing
access to health, to science, to culture and to a sustainable environment,"
he added. Unfortunately, a dogma-based discussion still prevails and its
effects are known to us all, leading to an unbalanced situation in that the
original purposes of IP have been subverted, i. e. it is being considered a=
n
end in itself, he said.

The Minister added that the flexibilities and safeguards still remaining in
the international system are instruments that enable countries to adapt
multilateral commitments to their different levels of development. The
ill-advised extension of the protection standards of IP rights hinders the
already insufficient ability of developing countries to pursue public
interest policies.

Therein, he added, lies our concern with the normative negotiations
currently underway in WIPO, such as the draft treaties on broadcasting and
substantive patent law. To ignore the complexity of this subject, to be
unaware of the reality of the countries, to underestimate the social
dynamics, and to blindly impose private corporate interests are shortcuts t=
o
failure, he said. On the other hand, accepting the existence of multiple
rights and interests, and facing the uncertainties and challenges presented
by the 21st Century, seems a shortcut to success, he said.

Minister Gil also said that other international organizations such as the
UNDP, UNESCO, WTO, WHO, the CBD, and UNCTAD are engaged in assessing the
impacts of IP and have been contributing to the debate on IP and
development. He added that WIPO through the Development Agenda would convey
the message that it is committed to ensuring that IP works to the benefit o=
f
all countries rather than promoting worldwide standards of protection that
are custom-made to meet the demands of the private sector from the develope=
d
countries.

Ambassador Alberto Dumont of Argentina, on behalf of the Group of Friends o=
f
Development, said that the Development Agenda aims to strengthen the link
between IP and development and to make the IP system more responsive to the
needs of different stakeholders. He added that it would like to see the
adoption of a GA resolution covering all five areas of the Development
Agenda: (I) norm-setting; (ii) impact assessment; (iii) technical
cooperation; (iv) transfer of technology; and (v) institutional matters and
mandate.

The Argentinian envoy further said that a substantial resolution on the
continuation of the Development Agenda process is needed to guide the
membership towards concrete implementation of the proposals. He added that
the best approach would be an inclusive process, in which all positions are
taken on board, and seriously debated on substance and merit.

He called for the renewal of the mandate of the PCDA for another two years,
until 2008, with three meetings being held between now and the 2007 GA. The
renewed PCDA would be in charge of presenting to the next GA a substantial
draft recommendation on a first set of action points and a framework for th=
e
way forward. In the second year, the PCDA would work out the remaining
proposals into another draft recommendation to be adopted by the 2008
General Assembly.

On the work plan for the SCP, the GFOD said that it and other developing
countries have reasserted the items of their interest for the discussions o=
n
patent harmonization: a package of issues including exceptions and
limitations; public interest flexibilities; curbing of anti-competitive
practices; transfer of technology; and disclosure requirement in patent
applications.

Discussions in the SCP could not produce any recommendation for this GA due
to the resistance of some members in accepting anything but the so-called
reduced package of issues.

GFOD made clear that unless the discussions on patent harmonization are ope=
n
to inputs from all Members, it will be very difficult for this General
Assembly to agree on a procedure for moving the SPLT process forward.

On the convening of a diplomatic conference, it said that the draft text
that is to be the basis for discussion at the diplomatic conference must
contain provisions on exceptions and limitations, competition and cultural
diversity, among others, which are regarded as indispensable by developing
countries and many other stakeholders.

The GFOD took a strong view that the exclusion of simulcasting and
webcasting from the draft text and the Diplomatic Conference itself is a
prerequisite for proceeding with the conference.

Indonesia, on behalf of the Asian Group, said that WIPO can be expected to
demonstrate its role in assisting member countries to pursue and achieve
their development and called on it to continue to adapt to the various need=
s
and characteristics of its Member States, and supported all efforts that
makes WIPO more efficient and more effective in the organization of its
work, especially in the context of the ongoing UN reform process.

It added that WIPO's technical assistance program should continue to be
provided on a demand-driven basis whilst balancing the respective interests
of all stakeholders and it should aim at developing and improving the
institutional capacity of Member States with a view to enabling them to mee=
t
the requirements of the IP system with their respective development
aspiration.

It reiterated that the mainstreaming of the Development Agenda in WIPO
represents the fundamental position of the Group and stressed that the
inability of the PCDA to reach consensus on concrete outcomes should not
lead to the end of the process.

The Group noted that despite divergences of views among delegations, it
strongly recommended that the GA explore all possible modalities to continu=
e
the process, including by renewing the mandate of the PCDA. It also
recommended that the GA provide clear and workable guidance to ensure the
mainstreaming of the Development Agenda in WIPO.

On the issue of the recommendation to convene a diplomatic conference on a
treaty on the protection of broadcasting organizations, for the outcome of
the diplomatic conference to be successful, the Group underlined the
importance of convening a two-day special meeting in January 2007 and
requested the GA to mandate such special meeting to achieve consensus on
some outstanding issues. It also requested that the GA provide clear
instructions that would serve as the guidelines and working method for that
particular meeting.

On the issue of the SPLT, the Asian Group maintained that negotiations in
the SCP should be carried out in a balanced and inclusive manner. It said
that it perceived that harmonization should take into account the interest
and concerns of all member states through appropriate approaches. It added
that it was essential that improvements of the patent system contribute to
the promotion of technological innovation, to the transfer and disseminatio=
n
of technology, as well as to the creation of economic and social welfare.

It was supportive of a balanced and equitable international patent system
that reflects the interests of all member states and is respectful of the
public policy objectives and policy space of developing countries.

Nigeria, on behalf of the African Group, on the issue of the WIPO
Development Agenda, said that Members should "actualize it without further
delay", adding that this can only be achieved when Members States show
flexibility in the negotiations.

In order to take the Development Agenda forward, it proposed that the
mandate of the PCDA be renewed, with a practical work programme and a time
frame for completion of its work. It also proposed the holding of three
five-day sessions in 2007 which should be devoted to discussion of
substantive issues to produce a balanced set of recommendations composed of
both technical assistance and substantive issues such as norm setting.

It added that there should be an element of certainty about the work of the
PCDA, with targets set to be achieved by the next GA. It called for a
re-appraisal of the existing aggregate of 111 proposals with a view to thei=
r
rationalization to a manageable size in order to address them effectively.

The African Group also said that a new approach should be adopted for phase=
d
implementation of the proposals, taking into consideration the
administrative and financial imperatives of such an exercise on short term,
medium term and long term bases, and called to involve the WIPO Secretariat
in availing Members of the different options available in approaching the
matter of implementation of the various proposals, particularly, norm
setting and conducting development impact assessments. The Group said that
WIPO should sponsor the participation of some representatives from the
developing and least-developed countries (LDCs).

On the issue of the work-plan of the SCP, the Group said that the process
needs re-invigoration by way of development of a new work programme and
called for another open forum where substantive issues could be discussed i=
n
detail and recommendations could be arrived at. It said that the work
programme should be balanced, taking into account the needs of developed an=
d
developing countries.

On the issue of convening a diplomatic conference, the Group stressed that
webcasting and simulcasting should not be part of the draft text that will
be the basis for discussion at the diplomatic conference. It also said that
the text should adequately protect the public interest by the inclusion of
safeguards, exceptions and limitations and asked Members to continue
discussions to bridge the existing wide differences. +



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