[Ip-health] IP-Watch: Text-Based Negotiations On A WIPO Development Agenda Pick Up Pace

[Thiru Balasubramaniam]

http://www.ip-watch.org/weblog/index.php?p=3D549&res=3D1024_ff&print=3D0

22/2/2007

Text-Based Negotiations On A WIPO Development Agenda Pick Up Pace


By Tove Iren S. Gerhardsen

Member states of the World Intellectual Property Organization (WIPO)
are moving quickly on negotiating draft texts aimed at improving the
organisation=92s development focus, as a week-long meeting nears its end.

Four days into the 19-23 February special session of the Provisional
Committee on Proposals Related to a WIPO Development Agenda (PCDA), all
five regional member state groups helping the chair to produce draft
texts for each of the six subject matters that are being discussed, had
their drafts ready. In some cases, it was the first text; others had
already reached as much as the seventh revision.

An issue under rather heated debate is the inclusion of language on the
importance of protecting knowledge in the public domain.

The subject matter groupings of proposals are referred to as
=93clusters,=94 dividing up a total of 111 proposals that member states
have submitted to WIPO over the past two years regarding a Development
Agenda. For this week=92s meeting, 40 of the proposals are now being
considered (IPW, WIPO, 22 February, 2007). The remainder will be
addressed in June.

A significant amount of the negotiation is taking place in informal
sessions along the lines of WIPO=92s regional groups and the
cross-regional group of most-developed countries known as Group B.

The draft texts have been discussed informally already, but in the
evening of 22 February, they were briefly discussed in plenary and then
in the regional groups. Later, the meeting chair, Ambassador Trevor
Clarke of Barbados, was to meet with the regional coordinators =93plus
two=94 (meaning two countries they wished to bring along) as well as the
countries that had put forward the original proposal. The aim was to
finish cluster A and B and =93try to find consensus,=94 the chair said.

This closed meeting =93upstairs,=94 referring to WIPO=92s high-rising
headquarters, would also take place on 23 February, the chair said,
when the aim would be to finish clusters C to F. Officials and
nongovernmental organisations praised the chair for his efficiency.

On 22 February, the chair emphasised that the documents were not final,
and said that they would only become so once the plenary decided it. He
said the meetings =93upstairs=94 were meant to bring in the views of the
different groups, represented by the coordinators.

Sources told Intellectual Property Watch that there was largely an
agreement on one of the most controversial set of topics, cluster B on
=93norm-setting, flexibilities, public policy and public domain.=94 The
third draft was presented on 22 February.

This is the most important subject matter for the 15 developing
countries in the Friends of Development group who initiated the
Development Agenda idea to make WIPO more development friendly.
Developing countries watched closely the progress of the group as
Kyrgyzstan, which they view as having not acted in their interest
during this process, volunteered to lead the cluster.

The 22 February version on cluster B that was presented in plenary
reads: =931) Norm-setting activities shall [=93should=94 in first version]:
be inclusive and member driven, take into account different levels of
development, take into consideration a balance between costs and
benefits [new since first version], be a participatory process, which
takes into consideration the interests and priorities [only =93the views=94
in first version] of all WIPO member states and other stakeholders,
including civil society at large; and be in line with the principle of
neutrality of the WIPO secretariat.=94

It continued: =932) Consider the preservation of the public domain within
WIPO=92s normative process and deepen the analysis of the implication and
benefits of a rich and accessible public domain [new from first
version].=94

But in plenary, Colombia in particular took issue with the inclusion of
language on the protection of the public domain. It questioned the
status of this document and asked if it was supposed to reflect
consensus. Colombia expressed its reservation, the official said.

Nigeria wanted to replace the language on =93civil society at large=94 with
=93consider the viewpoints of intergovernmental organisations and
nongovernmental organisations.=94

Brazil said that WIPO members only needed to take into consideration,
not necessarily adopt, the views of civil society as a large, and said
that this was the least the member states could do.

As for Colombia=92s reservation, Brazil=92s delegate pointed out that this
was an ongoing process and the recommendations of the PCDA to the
General Assembly would only be fully adopted after its second special
session in June. He said members needed to have the full view before
starting to make reservations.

A number of nongovernmental groups in attendance have strong opinions
on the public domain issue.

Meanwhile, Uruguay prepared a paper calling for the inclusion of the
recognition of human rights at WIPO. The document highlights United
Nations agreements on human rights, including children=92s right to
education and freedom of expression, authors=92 rights, and the need for
balance between intellectual property rights and the right to
participate in culture and gain the benefits of scientific progress.
Uruguay said that as WIPO is a UN body, these should be recognised.

William New contributed to this report.

Tove Gerhardsen may be reached at tgerhardsen@ip-watch.ch.


---------------------------------
Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)
voice +41.22.791.6727
fax +41.22.723.2988
mobile +41 76 508 0997
thiru@keionline.org