[Open-wipo] BRIDGES on Argentina/Brazil WIPO proposal

[James Love]

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BRIDGES Weekly Trade News Digest - Vol. 8, Number 29  8 September, 2004
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ARGENTINA AND BRAZIL PROPOSE "DEVELOPMENT AGENDA" FOR WIPO

Over the last week, Argentina, Brazil and Bolivia informally circulated
a proposal to establish a "development agenda" at the World Intellectual
Property Organisation (WIPO). The proposal, to be officially presented
at the upcoming thirty-first session of the WIPO General Assembly at the
end of the month, is expected to be controversial. Some developing
country trade observers have characterised it as "groundbreaking," and
as an important step in the rethinking of the role of developing
countries in WIPO, since it is the first proposition of its kind at the
organisation. The proposal criticises the general nature of WIPO,
arguing that it is time for the institution to integrate the UN-wide
development agenda, including the commitments set out in the Millennium
Development Goals, in its mandate. It also touches on the basic
principles and structure of WIPO, and questions the role WIPO has played
in promoting development. While the Doha Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS) and Public Health has
been a milestone for one aspect of intellectual property, the proponents
consider it to be time to turn attention to what arguably is one of the
most important institutions in setting future intellectual property (IP)
policy.

Specific issues of concern

Apart from the challenge of incorporating a development perspective in
WIPO, the proposal highlights certain specific areas of concern. These
include a proposition for the establishment of a new subsidiary body in
WIPO that would look at measures within the IP system that could be
undertaken to ensure an effective transfer of technology to developing
countries, mirroring parallel bodies in the UN Conference on Trade and
Development (UNCTAD) and the WTO. Further concerns are related to
negotiations surrounding the Substantive Patent Law Treaty (SPLT), with
the proposal arguing that so far the treaty has failed to incorporate
the interest and proposals of developing countries. In this sense, the
proposal discusses the difficulty developing countries will have in
implementing more stringent IP standards contained in such a treaty. As
a result, Argentina, Brazil and Bolivia argue that public interest
flexibilities and policy spaces in member countries should be preserved,
and that the SPLT and other treaties in WIPO should include the contents
of Articles 7 and 8 of the TRIPS Agreement (Articles 7 and 8 highlight
the principles of promoting technological innovation, transfer and
dissemination, bearing in mind the importance of social and economic
welfare, the protection of public health and nutrition and the necessity
to prevent the abuse of IPRs in this context).

Future Steps

According to trade sources, developing countries have welcomed the
emergence the discussion on a "development agenda" at WIPO. It is,
however, too early to expect many co-sponsorships of the proposition, as
the proposal has yet to reach all developing states and be included in
the agenda of the General Assembly. Reportedly, Argentina, Brazil and
Bolivia will meet with other developing countries in the near future to
go over the details and create a stronger basis of support for the
upcoming WIPO General Assembly, scheduled for 27 September to 5 October.

  To access the proposal by Brazil and Argentina, visit
http://www.iprsonline.org/resources/docs/BrazilArgentina_WIPO.pdf

ICTSD reporting; "Brazil, Argentina to Push at WIPO Meeting To Put
Development Issues Higher on Agenda," WTO REPORTER, 3 September 2004.