The WIPO Development Agenda: An Overview Geneva May, 2009 Esteban Burrone World Intellectual Property Organization

Outline What is the WIPO Development Agenda? Implementing the Agenda: Opportunities, Challenges and Constraints

What is the WIPO Development Agenda

WIPO Convention (1970) Art. 3 Objectives of the Organization The objectives of the Organization are: (i) to promote the protection of intellectual property throughout the world through cooperation among States and, where appropriate, in collaboration with any other international organization (ii) to ensure administrative cooperation among the Unions. Art. 4 Functions In order to attain the objectives described in Article 3, the Organization, through its appropriate organs, and subject to the competence of each of the Unions: (i) shall promote the development of measures designed to facilitate the efficient protection of intellectual property throughout the world and to harmonize national legislation in this field (…)

WIPO Agreement with UN (1974) Article 1 - Recognition The United Nations recognizes the World Intellectual Property Organization (hereinafter called the " Organization ") as a specialized agency and as being responsible for taking appropriate action in accordance with its basic instrument, treaties and agreements administered by it, inter alia, for promoting creative intellectual activity and for facilitating the transfer of technology related to industrial property to the developing countries in order to accelerate economic, social and cultural development

History of the Process First proposal made in October 2004 by 13 developing countries Basic concern: ensure that WIPO activities and discussions lead to development-oriented results IP not an end in itself, but a means for promoting public interest, innovation and access to S&T Credibility of IP system undermined by promoting benefits of protection, without acknowledging public policy concerns Integrating development dimension will strengthen credibility and encourage its acceptance as a tool for innovation, creativity and development. Align WIPO with the Millennium Development Goals.

>100 Countries Scores of IGOs/ NGOs Attended by Discussions GA : 04,05,06,07 IIM : 2005 PCDA: 2006, days of intensive debate 33 new NGOs accredited To Consider 15 Papers 111 proposals in 6 clusters WIPO Development Agenda: WIPO Development Agenda: The Debate (October 2004 – October 2007)

WIPO Development Agenda: The Decision (October 2007) Adopted a set of 45 recommendations Establishment of a Committee on Development and IP to: –develop a work ‑ program for implementation of the 45 recommendations –monitor, assess, discuss and report on the implementation of all recommendations adopted –discuss IP and development related issues as agreed by the Committee, as well as those decided by the General Assembly

Recommendations and Clusters - Adopted

Pending Issues Discussion of Work Programs for implementation of remaining recommendations Review of progress in respect of recommendations under implementation Discussion on coordination mechanisms and reporting modalities

New Approach to Implementation Establishment of the Development Agenda Coordination Division Application of a project-based methodology with clearly defined objectives, timeframes, deliverable outcomes, cost estimates and evaluation processes Appointment of project managers Thematic approach to enhance efficiency in implementation and reduce duplication/overlap Mainstreaming the Development Agenda into the organization’s activities in all areas (Revised Program and Budget )

Implementing the Agenda: Opportunities, Challenges and Constraints

Some Examples

Key Issues to be Considered for each Recommendation 1.What are the key concerns behind the recommendation? 2.What can WIPO and its Member States do (or what have they done) to meet that concern? 3.What are likely to be the key challenges and constraints?

Recommendation 7 (Cluster A) Promote measures that will help countries deal with intellectual property- related anti-competitive practices, by providing technical cooperation to developing countries, especially LDCs, at their request, in order to better understand the interface between IPRs and competition policies.

Recommendation 8 (Cluster A) 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 intellectual property organizations to access specialized databases for the purposes of patent searches.

Recommendation 14 (Cluster A) 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.

Recommendation 16 (Cluster B) 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.

Recommendation 19 (Cluster B) 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.

Recommendation 28 (Cluster C) To explore supportive intellectual property -related policies and measures Member States, especially developed countries, could adopt for promoting transfer and dissemination of technology to developing countries.

Recommendation 35 (Cluster D) 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.

Recommendation 36 (Cluster D) To exchange experiences on open collaborative projects such as the Human Genome Project as well as on intellectual property models.

Recommendation 39 (Cluster E) 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.

Recommendation 42 (Cluster E) 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.

Recommendation 45 (Cluster F) 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 technological 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.

WIPO Website WIPO is dedicated to developing a balanced and accessible international intellectual property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest (WIPO website, November 2008)

Thank you Details on the WIPO Development Agenda at