[Ip-health] 45 approved Development Agenda recommendations
Thiru Balasubramaniam
thiru@keionline.org
Mon Mar 3 06:54:02 2008
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[ Picked text/plain from multipart/alternative ]
I realize that you may have already seen this, but often I feel we
talk about the set of 45 proposals without a clear reference to what
they exactly constitute (from time to time I get requests from people
trying to find the proposals). Here they are reproduced in their
entirety with the url on the WIPO website.
http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=3D85452
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CLUSTER A: TECHNICAL ASSISTANCE AND CAPACITY BUILDING
1. WIPO technical assistance shall be, inter alia,
development=E2=80=91oriented, demand=E2=80=91driven and transparent, 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 time frames for
completion. In this regard, design, delivery mechanisms and
evaluation processes of technical assistance programs should be
country specific.
2. Provide additional assistance to WIPO through donor
funding, and establish Trust=E2=80=91Funds or other voluntary funds within
WIPO specifically for LDCs, while continuing to accord high priority
to finance activities in Africa through budgetary and extra=E2=80=91budgeta=
ry
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=E2=80=91oriented IP culture, with an emphasis on introducing
intellectual property at different academic levels and on generating
greater public awareness on IP.
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=E2=80=91up appropria=
te
national strategies in the field of IP.
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=E2=80=99s 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=E2=80=91competitive 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=E2=80=91regional 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=E2=80=91related development needs
with available resources, thereby expanding the scope of its technical
assistance programs, aimed at bridging the digital divide.
10. 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=E2=80=91regional and regional organizations dealing
with IP.
11. 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=E2=80=99s mandat=
e.
12. To further mainstream development considerations into
WIPO=E2=80=99s substantive and technical assistance activities and debates,
in accordance with its mandate.
13. WIPO=E2=80=99s legislative assistance shall be, inter alia,
development=E2=80=91oriented and demand=E2=80=91driven, 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 time frames for completion.
14. 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=E2=80=91SETTING, FLEXIBILITIES, PUBLIC POLICY AND PUBLIC
DOMAIN
15. Norm=E2=80=91setting activities shall:
- be inclusive and member driven;
- take 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=E2=80=91governmental
organizations and non=E2=80=91governmental organizations; and
- be in line with the principle of neutrality of the WIPO Secretariat.
16. Consider the preservation of the public domain within
WIPO=E2=80=99s normative processes and deepen the analysis of the
implications and benefits of a rich and accessible public domain.
17. In its activities, including norm=E2=80=91setting, WIPO shoul=
d
take into account the flexibilities in international IP agreements,
especially those which are of interest to developing countries and LDCs.
18. 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.
19. To initiate discussions on how, within WIPO=E2=80=99s 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.
20. To promote norm-setting activities related to IP that
support a robust public domain in WIPO=E2=80=99s Member States, including t=
he
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.
21. WIPO shall conduct informal, open and balanced
consultations, as appropriate, prior to any new norm=E2=80=91setting
activities, through a member=E2=80=91driven process, promoting the
participation of experts from Member States, particularly developing
countries and LDCs.
22. WIPO=E2=80=99s norm=E2=80=91setting activities should be supp=
ortive
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=E2=80=91setting activities, as appropriate and as directed by Member
States, issues such as: (a) safeguarding national implementation of
intellectual property rules (b) links between IP and competition (c)
IP=E2=80=91related 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.
23. To consider how to better promote pro=E2=80=91competitive 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
TECHNOLOGIES (ICT) AND ACCESS TO KNOWLEDGE
24. 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).
25. To explore IP=E2=80=91related 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.
26. 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.
27. Facilitating IP=E2=80=91related aspects of ICT for growth and
development: Provide for, in an appropriate WIPO body, discussions
focused on the importance of IP=E2=80=91related aspects of ICT, and its rol=
e
in economic and cultural development, with specific attention focused
on assisting Member States to identify practical IP=E2=80=91related
strategies to use ICT for economic, social and cultural development.
28. To explore supportive IP=E2=80=91related policies and measure=
s
Member States, especially developed countries, could adopt for
promoting transfer and dissemination of technology to developing
countries.
29. To include discussions on IP-related technology transfer
issues within the mandate of an appropriate WIPO body.
30. 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.
31. 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.
32. 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: ASSESSMENT, EVALUATION AND IMPACT STUDIES
33. To request WIPO to develop an effective yearly review
and evaluation mechanism for the assessment of all its
development=E2=80=91oriented activities, including those related to technic=
al
assistance, establishing for that purpose specific indicators and
benchmarks, where appropriate.
34. 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.
35. 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 these States.
36. To exchange experiences on open collaborative projects
such as the Human Genome Project as well as on IP models.
37. 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.
38. To strengthen WIPO=E2=80=99s capacity to perform objective
assessments of the impact of the organization=E2=80=99s activities on
development.
CLUSTER E: INSTITUTIONAL MATTERS INCLUDING MANDATE AND GOVERNANCE
39. To request WIPO, within its core competence 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.
40. To request WIPO to intensify its cooperation on IP
related issues with UN agencies, according to Member States=E2=80=99
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.
41. To conduct a review of current WIPO technical assistance
activities in the area of cooperation and development.
42. 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.
43. To consider how to improve WIPO=E2=80=99s role in finding
partners to fund and execute projects for IP=E2=80=91related assistance in =
a
transparent and member-driven process and without prejudice to ongoing
WIPO activities.
44. In accordance with WIPO=E2=80=99s member=E2=80=91driven natur=
e as a
United Nations Specialized Agency, formal and informal meetings or
consultations relating to norm=E2=80=91setting activities in WIPO, organize=
d
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.
CLUSTER F: OTHER ISSUES
45. To approach intellectual property enforcement in the
context of broader societal interests and especially
development=E2=80=91oriented concerns, with a view that =E2=80=9Cthe protec=
tion 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 technological knowledge and in a manner conducive to social
and economic welfare, and to a balance of rights and obligations=E2=80=9D, =
in
accordance with Article 7 of the TRIPS Agreement.
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Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)
thiru@keionline.org
Tel: +41 22 791 6727
Mobile: +41 76 508 0997