[Ip-health] WIPO's new DG features IP enforcement as a Strategic Goal

[Sangeeta]

The Revised P&B expands, redefines and reprioritizes WIPO=B9s Strategic Goa=
ls.
One of the Strategic Goal is "International Cooperation of Building Respect
for IP" i.e. IP enforcement and this is listed as a "development activity".

The WIPO Program and Budget Committee (PBC) meets from 10-11 December
followed by a one day meeting of the WIPO Assemblies on 12 December 2008.
The Revised Program and Budget  2008/09 (WO/PBC/13/4) that will be discusse=
d
is available at http://www.wipo.int/meetings/en/details.jsp?meeting_id=3D16=
563

=B3Program and Budget=B2 is a critical document as it sets out WIPO=B9s str=
ategic
goals, objectives and budget over a 2-year period (biennium).  The changes
introduced in the Revised P&B goes far beyond what had been agreed by membe=
r
states when approving the transitional P&B (approved P&B) at the WIPO
General Assembly in March.

The Revised P&B lists 9 Strategic Goals:

-Balanced Evolution of International Normative Framework for IP (Goal 1);
-Provision of Premier Global IP Services (Goal 2);
-Facilitating the Use of IP for Sustainable Development (Goal 3);
-Coordination and Development of Global IP Infrastructure (Goal 4);
-World Reference Source of IP Information and Analysis (Goal 5);
-International Cooperation of Building Respect for IP (Goal 6);
-Addressing IP in Relation to Global Policy Issues (Goal 7);
-Responsive Communication Interface between WIPO, its Member States and All
stakeholders (Goal 8)
-Efficient Administrative and Financial Support Structure to Enable WIPO to
Deliver its Programs (Goal 9).

The 9 goals subsume the previous 5 goals in the approved P&B i.e. Promoting
a Balanced IP system and Realizing its Development Potential (Goal 1);
Strengthening of IP infrastructure, institutions and Human resources (Goal
2); Progressive Development of International IP Law (Goal 3); Delivery of
quality service in Global IP protection (Goal 4); Greater efficiency of
management and administrative support processes (Goal 5).

Comment:

The revised P&B has also introduced a specific goal on enforcement of IPRs,
which is a major priority of developed countries.  This is couched as
=B3International Cooperation on Building Respect for IP=B2, an indication t=
hat
WIPO will be aggressively following up with the G8 agenda on IP enforcement=
.
Previously this issue was merely a program called =B3enforcement of IPR=B2 =
under
Goal 2 of the transitional approved P&B.

In Annex V (WO/PBC/13/4) , 2.9 million swiss francs is set aside for
=B3Building respect for IP=B2 as a =B3Development Activity=B2. The narrativ=
e on this
program is largely focused IP enforcement matters, with performance targets
that include formulation of IP enforcement strategies and new or updated
legislative framework for effective IP enforcement, more efficient
enforcement actions in member states with improved right holder
participation and strengthened strategic partnerships (with the World
Customs Organization (WCO), Interpol, the World Health Organisation, OECD
and the WTO). Nowhere does it state that its work will be within the
confines of the TRIPS Agreement.

At a time when developing countries are resisting the expansion of IP
enforcement measures (particularly those that go beyond the TRIPS), in the
WCO, WHO, WTO, it is incredible how the WIPO Secretariat presents resources
for =B3Building respect for IP=B2 as resources allocated for  =B3developmen=
t
activity=B2.

Below is the full narrative from the Revised P&B on the "International
Cooperation on Building Respect for IP".

Sangeeta
Third World Network
---------------------------------------------------------------------------=
-
>From pgs. 10 in Revised P&B 2008/09 (WO/PBC/13/4)

Strategic Goal VI: International Cooperation on Building Respect for IP =80
Program 17:  Building Respect for IP

The respect for IP is a fundamental principle shared by all WIPO=B9s member
governments.  This new Strategic Goal aims to enhance international
cooperation on building respect for IP. This is a broad, cross-cutting goal=
,
which is more inclusive than the narrower concept of enforcement. It calls
for a balanced approach, focusing on international cooperation where WIPO
can make a difference, and conducted within the spirit of Development Agend=
a
(45):  =B3To approach intellectual property enforcement in the context of
broader societal interests and especially development-oriented concerns,
with a view that =B3the protection and enforcement of intellectual property
rights should contribute to the promotion of technological innovation and t=
o
the transfer and dissemination of technology, to the mutual advantage of
producers and users of technological knowledge and in a manner conducive to
social and economic welfare, and to a balance of rights and obligations=B2,=
 in
accordance with article 7 of the TRIPS Agreement.=B2   WIPO=B9s activities =
in
support of this goal apply across all areas, including capacity building,
provision of training, awareness-raising and educational programs aimed at
promoting respect for IP.

>From pgs. 112-114
Program 17: Building Respect for IP

CHALLENGES

The need to put in place and continually improve mechanisms for
the respect of intellectual property, including in the online environment,
is at the heart of IP policy debates and initiatives in countries and
regions around the globe.  Yet, in spite of the efforts at the
international, regional and national levels, there has been a significant
increase in counterfeiting and piracy activities in recent years.

During the 2006/07 biennium, the WIPO Advisory Committee on Enforcement,
which was established in 2002 as a forum for international review and debat=
e
on topical issues related to IP enforcement, held its third and fourth
sessions. The next session of the ACE is scheduled to take place in 2009.
The expertise of WIPO, as an organization with a global perspective, was
increasingly sought by Member States to integrate IP into national policies
and programs designed to strengthen the enforcement infrastructure and
institutions.

WIPO has also become a key provider of training programs for
law enforcement officials to enable them to deal with the increased demand
for judicial processes from both civil and criminal perspectives.  In
addition, WIPO has built, and enhanced, strategic partnerships with a numbe=
r
of intergovernmental organizations such as the World Customs Organization
(WCO), Interpol, the World Health Organization (WHO), the Organization for
Economic Cooperation and Development (OECD), and the World Trade
Organization (WTO).  In line with the mandate of the ACE to cooperate and
coordinate with organizations and the private sector to combat
counterfeiting and piracy, WIPO has also worked with a number of relevant
private sector organizations to achieve this goal.  This includes a
partnership with the WCO, Interpol, and private sector organizations in the
Global Congress on Counterfeiting and Piracy.

This Program will need to
address the  increasing requests by Member States for advice on the
modernization of enforcement provisions in national legislation, the
interrelation of IP and other related legislation, and the creation of an
efficient enforcement infrastructure for implementation of all applicable
provisions.  In addition, there will be a continued need to facilitate
informed international-level policy debates on optimal measures to address
IP enforcement challenges while, simultaneously, taking into account the
socio-economic needs.

OBJECTIVE: Strengthened capacity in Member States for
the effective enforcement of IP rights in the interest of social and
economic development and consumer protection, and informed policy
discussions at the international level

EXPECTED RESULT(S) (1)
Implementation of efficient national, sub-regional or regional IP
enforcement systems

PERFORMANCE INDICATORS AND TARGETS
- Formulation of IP enforcement strategies in three
Member States/sub-regions, involving the various stakeholders
- New or updated legislative framework for effective IP enforcement in four
Member States

EXPECTED RESULT(S) (2)
Constructive and balanced international policy dialogue

PERFORMANCE INDICATORS AND TARGETS
- Identification of issues of common global concern in the  field of IP
enforcement in the ACE resulting in commonly agreed conclusions by the Chai=
r
- Strengthened strategic partnerships through new joint activities,
including special projects, with other IGOs and NGOs

EXPECTED RESULT(S) (3)
Enhanced capacity of the judiciary and law enforcement officials in handlin=
g
enforcement matters

PERFORMANCE INDICATORS AND TARGETS
- More efficient enforcement actions in four Member States by the judiciary=
,
customs and police officials
- Improved right holder participation in the enforcement process in six
Member States

EXPECTED RESULT(S) (4)
Integration of IP issues in enforcement related activities of partner
Organizations

PERFORMANCE INDICATORS AND TARGETS
Reflection of two substantive contributions provided by WIPO to relevant
initiatives of IGOs or NGOs

STRATEGIES

Under the Program, tailored advice for the modernization and
streamlining of IP enforcement systems will be provided to Member States on
request.  This will take due account of existing national, regional and
international legal frameworks and reflect the specific needs and concerns
of Member States and will be conducted according to the principles enshrine=
d
in Development Agenda Recommendation 45.  Where required, advice would
address coherent enforcement mechanisms for 113 Revised Program and Budget
for 2008/09 several countries of a region or sub-region in cooperation with
regional or sub- regional organizations.  National and regional
consultations, pilot programs, legal and technical cooperation activities
and awareness raising meetings will be held with a focus on the development
and enhanced use of updated and efficient IP enforcement mechanisms.  When
requested, substantive advice will be provided in the framework of special
projects to assist Member States or partner organizations in streamlining
their efforts related to IP enforcement. In line with renewed Member State
support for the ACE as a forum of choice for enhanced enforcement policy
dialogue, continued meetings of the ACE will be convened.  This dialogue
will be supported with detailed information and legal analysis, based on th=
e
experience of different countries and regions. An objective will be to
facilitate a comprehensive understanding on enforcement issues. Information
sharing will be facilitated through the development of WIPO publications an=
d
enforcement newsletters, and by disseminating information through the
enforcement website on emerging trends, jurisprudence and developments in
this field. There will be enhanced cooperation with organizations having an
expertise in specific areas relating to IP enforcement, such as the WCO,
WTO, WHO and Interpol.  This will include regular information exchange and
meetings, substantive contributions to the applicable activities initiated
by these partner organizations, and joint events.  There will be active
involvement in defining the further directions of the Global Congress on
Combating Counterfeiting and Piracy.   In addition, Member States will be
assisted in increasing the capacity of decision- makers, the judiciary and
law enforcement officials in effectively dealing with IP enforcement matter=
s
taking full account of the balance of rights and obligations in accordance
with Article 7 of the TRIPS Agreement.  The development of judicial
capacities to deal with the effective adjudication of IP disputes will be
facilitated and supported, including through the preparation of case law
compilations as reference material for the judiciary and the preparation of
legal analysis and studies in the area of IP enforcement.  Structured
information and training programs for judicial authorities and law
enforcement officials such as prosecutors, customs and police officials wil=
l
be offered.  In this context, cooperation with other organizations will be
further increased. PROGRAM LINKS This Program will cooperate closely with
Programs 8, 9 and 10 (for coordination of activities at the national level)=
,
Program 11 (for contributing expert input to Academy training courses) and
Program 7 (in relation to enforcement frameworks to which arbitration and
mediation may constitute alternatives) and Program 19 (on awareness raising
materials).

DEVELOPMENT  AGENDA LINKS
This Program incorporates activities relate Agenda recommendations:  45.