[Random-bits] WIPO PCDA 4 - Final Recommendation and Proposals

[james.love@keionline.org]

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.