[Ip-health] Re: [Random-bits] WIPO PCDA 4 - Final Recommendation and Proposals

[Gwen Hinze]

Just a quick note of clarification - the text below is the full New
Development Agenda, which comprises 45 proposals as follows:

  - 21 proposals that were agreed at the 4th session of the WIPO PCDA
last week (the "Annex B" proposals listed below) and

- 24 proposals that were agreed at the 3rd session of the WIPO PCDA
held in February 2007 (the "Annex A" proposals that are listed
following the Annex B proposals, below)

Thanks also to Teresa Hackett of the Electronic Information for
Libraries project for note-taking.

The authors have dedicated the notes posted on EFF's blog to the public domain.

Many thanks,

- Gwen Hinze

---


At 11:44 AM -0400 6/18/07, james.love@keionline.org wrote:
>These are the outcomes of the last week's WIPO development agenda, pulled
>together by EFF's Gwen Hinze and some others, and posted to EFF's
>Deeplinks Blog (which also has more notes and comments from the
>negotiations).
>(http://www.eff.org/deeplinks/archives/005320.php)
>
>Notice first that these new June 15, 2007 PCDA recommendations and
>proposals are *added* to ones that were negotiated in the February PCDA
>meeting.  (See:
>http://www.wipo.int/pressroom/en/articles/2007/article_0011.html#pcda) In
>both cases (February and June), there are no brackets on the
>recommendations.  This is finished, months before the WIPO General
>Assembly meeting, where they will be officially adopted.
>
>By reading this document (and/or the earlier one), particularly the
>substantive ANNEX B, it is clear how much WIPO has changed (for the
>better) in the past year.
>
>Jamie
>
>Here are the new June 15 recommendations and proposals:
>---
>
>THE NEW WIPO DEVELOPMENT AGENDA
>
>PCDA Recommendations to 2007 General Assembly
>
>(As adopted 9:38 pm June 15, 2007)
>
>The PCDA decided to make the following recommendations to the 2007
>General Assembly:
>
>1.	To adopt the recommendations for action in the agreed
>proposals contained in the Annex;
>
>2.	To immediately implement the recommendations contained in the
>list submitted by the Chair of the PCDA, in accordance with paragraph
>X of the Report of the Fourth Session of the PCDA;
>
>3.	A Committee on Development and IP be established immediately to:
>
>a.	develop a work-program for implementation of the adopted
>recommendations;
>
>b.	monitor, assess, discuss and report on the implementation of
>all recommendations adopted, and for that purpose it shall coordinate
>with relevant WIPO bodies;
>
>c.	discuss IP and development related issues as agreed by the
>Committee, as well as those decided by the General Assembly.
>
>4.	The Committee will be composed of the Member States of WIPO
>and open to the participation of all accredited intergovernmental and
>non governmental organizations. It will consider and adopt rules of
>procedure based on the WIPO General Rules of Procedure at its first
>meeting, which will be convened in the first half of 2008. The number
>and duration of meetings of the Committee are to be decided by the
>General Assembly.
>
>5.	For the first meeting of the Committee, the present Chair of
>the PCDA is requested to prepare initial working documents, including
>a draft work program in consultation with Member States and the
>Secretariat. The draft work program should address, inter alia, the
>financial and human resources requirements for inclusion in WIPO's
>budgetary planning process.
>
>6.	The Committee will report and may make recommendations
>annually to the General Assembly.
>
>7.	The PCIPD shall cease to exist and the mandate of the PCDA
>will not be renewed.
>
>
>ANNEX B
>DRAFT AGREED PROPOSALS (as at 15 June 2007)
>
>CLUSTER A: TECHNICAL ASSISTANCE AND CAPACITY BUILDING
>
>1.	To assist Member States to develop and improve national IP
>institutional capacity through further development of infrastructure
>and other facilities with a view to making national IP institutions
>more efficient and promote fair balance between IP protection and the
>public interest. This technical assistance should also be extended to
>sub-regional and regional organizations dealing with IP.
>
>2.	To assist Member States to strengthen national capacity for
>protection of domestic creations, innovations and inventions and to
>support development of national scientific and technological
>infrastructure, where appropriate, in accordance with WIPO's mandate.
>
>3.	To further mainstream development considerations into WIPO's
>substantive and technical assistance activities and debates, in
>accordance with its mandate.
>
>4.	WIPO's legislative assistance shall be, inter alia,
>development-oriented and demand-driven, taking into account the
>priorities and the special needs of developing countries, especially
>LDCs, as well as the different levels of development of Member States
>and activities should include timeframes for completion.
>
>5.	Within the framework of the agreement between WIPO and the
>WTO, WIPO shall make available advice to developing countries and
>LDCs, on the implementation and operation of the rights and
>obligations, and the understanding and use of flexibilities contained
>in the TRIPS Agreement.
>
>
>CLUSTER B: NORM-SETTING, FLEXIBILITIES. PUBLIC POLICY AND PUBLIC DOMAIN
>
>
>1.	In its activities, including norm-setting, WIPO should take
>into account the flexibilities in international IP agreements,
>especially those which are of interest to developing countries and
>LDCs.
>
>2.	To urge the IGC to accelerate the process on the protection
>of genetic resources, traditional knowledge and folklore, without
>prejudice to any outcome, including the possible development of an
>international instrument or instruments.
>
>3.	To initiate discussions on how, within WIPO's mandate, to
>further facilitate access to knowledge and technology for developing
>countries and LDCs to foster creativity and innovation and to
>strengthen such existing activities within WIPO.
>
>4.	To promote norm-setting activities related to IP that support
>a robust public domain in WIPO's Member States, including the
>possibility of preparing guidelines which could assist interested
>Member States in identifying subject matters that have fallen into
>the public domain within their respective jurisdictions.
>
>5.	WIPO shall conduct informal, open and balanced consultations,
>as appropriate, prior to any new norm-setting activities, through a
>member-driven process, promoting the participation of experts from
>Member States, particularly developing countries and LDCs.
>
>6.	WIPO's norm-setting activities should be supportive of the
>development goals agreed within the UN system, including those
>contained in the Millennium Declaration.
>
>The WIPO Secretariat, without prejudice to the outcome of Member
>States considerations, should address in its working documents for
>norm-setting activities, as appropriate and as directed by Member
>Sates, issues such as: a)  safeguarding national implementation of
>intellectual property rules [b) competition c) IP-related transfer of
>technology) d) potential flexibilities, exceptions and limitations
>for Member States and e) the possibility of additional special
>provisions for developing countries and LDCs.
>
>7.	To consider how to better promote pro-competitive IP
>licensing practices, particularly with a view to fostering
>creativity, innovation and the transfer and dissemination of
>technology to interested countries, in particular developing
>countries and LDCs.
>
>CLUSTER C: TECHNOLOGY TRANSFER, INFORMATION AND COMMUNICATION
>TECHNOLOGY (ICT) AND ACCESS TO KNOWLEDGE
>
>
>1.	To include discussions on IP-related technology transfer
>issues within the mandate of an appropriate WIPO body.
>
>2.	WIPO should cooperate with other intergovernmental
>organizations to provide to developing countries, including LDCs,
>upon request, advice on how to gain access to and make use of
>IP-related information on technology, particularly in areas of
>special interest to the requesting parties.
>
>3.	To undertake initiatives agreed by Member States which
>contribute to transfer of technology to developing countries, such as
>requesting WIPO to facilitate better access to publicly available
>patent information.
>
>4.	To have within WIPO opportunity for exchange of national and
>regional experiences and information on the links between IP rights
>and competition policies.
>
>CLUSTER D: ASSESSMENTS, EVALUATION AND IMPACT STUDIES
>
>1.	To exchange experiences on open collaborative projects such
>as the Human Genome Project as well as on IP models.
>
>2.	Upon request and as directed by Member States, WIPO may
>conduct studies on the protection of intellectual property, to
>identify the possible links and impacts between IP and development.
>
>3.	To strengthen WIPO's capacity to perform objective
>assessments of the impact of the organization's activities on
>development.
>
>
>CLUSTER E: INSTITUTIONAL MATTERS INCLUDING MANDATE AND GOVERNANCE
>
>1.	To consider how to improve WIPO's role in finding partners to
>fund and execute projects for IP-related assistance in a transparent
>and member-driven process and without prejudice to ongoing WIPO
>activities.
>
>2.	In accordance with WIPO's member-driven nature as a United
>Nations Specialized Agency, formal and informal meetings or
>consultations relating to norm-setting activities in WIPO, organized
>by the International Bureau, upon request of the Member States,
>should be held primarily in Geneva, in a manner open and transparent
>to all Members. Where such meetings are to take place outside of
>Geneva, Member States shall be informed through official channels,
>well in advance, and consulted on the draft agenda and program.
>
>
>And here are the 24 "Annex A" proposals agreed at the third session
>of the PCDA on 24 February 2007:
>
>
>Cluster A: Technical Assistance and Capacity Building
>
>1. WIPO technical assistance shall be, inter alia, development-
>oriented, demand-driven and transparent, taking into account the
>priorities and the special needs of developing countries, especially
>Least Developed Countries, as well as the different levels of
>development of Member States and activities should include time
>frames for completion. In this
>regard, design, delivery mechanisms and evaluation processes of
>technical assistance programs should be country specific.
>
>2. Provide valuable assistance to WIPO through donor funding, and
>establish Trust-Funds or other voluntary funds within WIPO
>specifically for LDCs, while continuing to accord high priority to
>finance activities in Africa through budgetary and extra-budgetary
>resources, to promote, inter alia, the legal, commercial, cultural,
>and economic exploitation of intellectual property in these countries.
>
>3. Increase human and financial allocation for technical assistance
>programs in WIPO for promoting a, inter alia, development-oriented
>intellectual property culture, with an emphasis on introducing
>intellectual property at
>different academic levels and on generating greater public awareness
>of intellectual property.
>
>4. Place particular emphasis on the needs of SMEs and institutions
>dealing with scientific research and cultural industries and assist
>Member States, at their request, in setting-up appropriate national
>strategies in the field of intellectual property.
>
>5. WIPO shall display general information on all technical assistance
>activities on its website, and shall provide, on request from Member
>States, details of specific activities, with the consent of the
>Member State(s) and other recipients concerned, for which the
>activity was implemented.
>
>6. WIPO's technical assistance staff and consultants shall continue to
>be neutral and accountable, by paying particular attention to the
>existing Code of Ethics, and by avoiding potential conflicts of
>interest. WIPO shall draw up and make widely known to the Member
>States a roster of consultants for technical assistance available
>with WIPO.
>
>7. Promote measures that will help countries deal with IP-related
>anti-competitive practices, by providing technical cooperation to
>developing countries, especially LDCs, at their request, in order to
>better understand the interface between intellectual property rights
>and competition policies.
>
>8. Request WIPO to develop agreements with research institutions and
>with private enterprises with a view to facilitating the national
>offices of developing countries, especially LDCs, as well as their
>regional and sub-regional IP organizations to access specialized
>databases for the purposes of patent searches.
>
>9. Request WIPO to create, in coordination with Member States, a
>database to match specific IP-related development needs with
>available resources, thereby expanding the scope of its technical
>assistance programs, aimed at bridging the digital divide.
>---
>Cluster B: Norm Setting, Flexibilities, Public Policy and Public Domain
>
>1. Norm setting activities shall:
>
>- be inclusive and member driven;
>- taken into account different levels of development;
>- take into consideration a balance between costs and benefits;
>- be a participatory process, which takes into consideration the
>interests and priorities of all WIPO Member States and the viewpoints
>of other stakeholders, including accredited inter-governmental
>organizations and non-governmental organizations; and
>- be in line with the principle of neutrality of the WIPO Secretariat.
>
>2. Consider the preservation of the public domain within WIPO's
>normative processes and deepen the analysis of the implications and
>benefits of a rich and accessible public domain.
>
>---
>
>Cluster C: Technology Transfer, Information and Communication
>Technologies (ICT) and Access to Knowledge
>
>1. To request WIPO, within its mandate, to expand the scope of its
>activities aimed at bridging the digital divide, in accordance with
>the outcomes of the World Summit on the Information Society (WSIS),
>also taking into account the significance of the Digital Solidarity
>Fund (DSF).
>
>2. To explore IP-related policies and initiatives necessary to
>promote the transfer and dissemination of technology, to the benefit
>of developing countries and to take appropriate measures to enable
>developing countries to fully understand and benefit from different
>provisions, pertaining to flexibilities provided for in international
>agreements, as appropriate.
>
>3. To encourage Member States, especially developed countries, to
>urge their research and scientific institutions to enhance
>cooperation and exchange with research and development institutions
>in developing countries, especially LDCs.
>
>4. Facilitating IP-related aspects of ICT for growth and development:
>Provide for, in an appropriate WIPO body, discussions focused on the
>importance of IP-related aspects of ICT, and its role in economic and
>cultural development, with specific attention focused on assisting
>Member States to identify practical IP-related strategies to use ICT
>for economic, social and cultural development.
>
>5. To explore supportive IP-related policies and measures Member
>States, especially developed countries, could adopt for promoting
>transfer and dissemination of technology to developing countries.
>
>---
>Cluster D, Assessment, Evaluation and Impact Studies
>
>1. To request WIPO to develop an effective yearly review and
>evaluation mechanism for the assessment of all its
>development-oriented activities, including those related to technical
>assistance, establishing for that purpose specific indicators and
>benchmarks, where appropriate.
>
>2. With a view to assisting Member States in creating substantial
>national programs, to request WIPO to conduct a study on constraints
>to intellectual property protection in the informal economy,
>including the tangible costs and benefits of IP protection in
>particular in relation to generation of employment.
>
>3. To request WIPO to undertake, upon request of Member States, new
>studies to assess the economic, social and cultural impact of the use
>of intellectual property systems in those States.
>
>---
>Cluster E: Institutional Matters including Mandate and Governance
>
>1. To request WIPO, within its core competencies and mission, to
>assist developing countries, especially African countries, in
>cooperation with relevant international organizations, by conducting
>studies on brain drain and make recommendations accordingly.
>
>2. To request WIPO to intensify its cooperation on IP related issues
>with UN agencies, according to Member States' orientation, in
>particular UNCTAD, UNEP, WHO, UNIDO, UNESCO and other relevant
>international organizations, especially WTO, in order to strengthen
>the coordination for maximum efficiency in undertaking development
>programs.
>
>3. To conduct a review of current WIPO technical assistance
>activities in the area of cooperation and development.
>
>4. To enhance measures that ensure wide participation of civil
>society at large in WIPO activities in accordance with its criteria
>regarding NGO acceptance and accreditation, keeping the issue under
>review.
>
>---
>Cluster F - Other Issues
>
>1. To approach intellectual property enforcement in the context of
>broader societal interests and especially development-oriented
>concerns, with a view that "the protection and enforcement of
>intellectual property rights should contribute to the promotion of
>technological innovation and to the transfer and dissemination of
>technology, to the mutual advantage of producers and users of
>technology knowledge and in a manner conducive to social and economic
>welfare, and to a balance of rights and obligations", in accordance
>with Article 7 of the TRIPS Agreement.
>_______________________________________________
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--
Gwen Hinze
International Affairs Director
Electronic Frontier Foundation
Email:gwen@eff.org
Tel.: + 1 415 436 9333 x110

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