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TWN Info Service
on Intellectual Property Issues (Apr10/03) Geneva, 27 Apr (Sangeeta Shashikant) -- The on-going efforts to mainstream the Development Agenda (DA) across all areas of the work of the World Intellectual Property Organization (WIPO) received a major boost on Monday, with the launch of a new like-minded group of developing countries called the "Development Agenda Group", committed to actively contribute to mainstreaming the development dimension in WIPO's work. The formation of the new group was announced at the start of the fifth session of the WIPO Committee on Development and Intellectual Property (CDIP), which is meeting from 26-30 April. The WIPO Development
Agenda Group (DAG) currently consists of In introducing the DAG at the CDIP meeting on Monday, Ambassador Hisham Badr of Egypt, which currently coordinates the Group, said that the Group is "an open and inclusive group consisting of WIPO Member States that are like-minded in their support for a development-oriented perspective on intellectual property issues, and the mainstreaming of the Development Agenda across all areas of WIPO's work". The Egyptian envoy said that "while the inception of the Development Agenda marked a watershed re-balancing of the global perspective on IP, the mainstreaming and implementation of these recommendations presents a considerable challenge". "A successful implementation of the Development Agenda requires sustained and multi-faceted approach to the range of activities in WIPO; proactive leadership, continuous commitment, cooperation, engagement and oversight by Member States; an enduring pro-development cultural transformation within the WIPO Secretariat; a Member-State driven organization; and engagement with other intergovernmental organizations and civil society", he further said. Thus, "the Development Agenda Group (DAG) commits itself to actively contributing to mainstreaming the development dimension in all areas of WIPO's work", he added. Ambassador Badr also mentioned that the DAG had developed a set of Guiding Principles for its vision and work on implementing and mainstreaming of the DA. The document containing the DAG guiding principles is expected to become an official CDIP document this week. On the formation of the group, he said that membership of the DAG "is open to all WIPO Member States that are willing to subscribe to all of these Guiding Principles", adding that "the coordination of positions among Member States and within regional groups can be complemented by a cross-regional coordination of work that promotes developing country interests and effectively coordinates their positions". "The DAG aims at coalition building among pro-development groups and Member States across regions, and comprises countries at different levels of development. DAG represents the determination to accommodate the unique and specific interests and development needs of WIPO Member States on all IP matters", he further said. The Egyptian envoy added that the DAG "appreciates the need to take into account the various interests and priorities of all WIPO Member States" and as such, "the group believes that only through direct engagement and broad-based dialogue with other viewpoints and interests can consensus be reached, leading to growing trust and confidence among Member States and a sense of a shared stake in a stronger, dynamic and more effective WIPO". "The DAG will aim at building bridges across and between the interests of all WIPO Member States towards reaching consensus in our common work for the benefit of all WIPO Member States", he said, adding that "Consensus is about commitment", and "Ultimately, this is what it will take to achieve an effective implementation and mainstreaming of the Development Agenda." The DAG also distributed a paper on its "Guiding Principles". In the introduction section, the paper calls the DA adoption in 2007 "a milestone in achieving the historic aspiration of developing countries for a paradigm shift in the international perspective of intellectual property (IP): a shift from viewing IP as an end in itself, to viewing it as a means to serve the larger public goals of social, economic and cultural development", adding that "This vision has refuted the universal applicability of 'one size fits all IP protection models' or the advisability of the harmonization of laws leading to higher protection standards in all countries irrespective of the levels of development". "This vision also entailed an organizational transformation of WIPO from a technical, treaty-administering body servicing primarily intellectual property right-holders, to a truly representative agency of the United Nations (UN) assisting Member States in achieving their development goals through a balanced and calibrated use of intellectual property", it adds. It further states: "With the centrality of development highlighted as the priority goal and challenge for the international community, the Development Agenda made it incumbent upon WIPO, as a Specialized Agency of the United Nations (by virtue of its 1974 agreement with the United Nations), to be fully guided by the broad development goals of the United Nations, including the Millennium Development Goals (MDGs)". On the implementation of the DA, the DAG paper "underscores the need for exploring ways and means which would enable intellectual property to make its full contribution and be commensurate with the task of development in developing countries and least-developed countries". "This includes the need to ensure that the different elements of IP contribute to economic and social development and enhance growth competitiveness. Acknowledging the links and interaction between IP and development, WIPO should contribute to addressing related developmental challenges and global challenges such as environment, public health, food security, etc." The paper adds: "The WIPO Development Agenda is 'one of the most- and arguably the most-important of the current global initiatives in advancing the realization of the right to development.'", thus, "the way forward for the Development Agenda Group at WIPO is clear: it aims at achieving constant progress in the effective implementation or 'mainstreaming' of the Development Agenda." "The Development Agenda is broad and horizontal; it addresses WIPO's work in all its dimensions", the paper further states, adding that "Its general relevance is, therefore, not to be limited to any specific body within WIPO. Hence, all WIPO bodies and activities should integrate the 'development dimension' into their work". On the DA recommendations pertaining to "Technical Assistance and Capacity Building" (Cluster "A"), the DAG paper states: "WIPO's Technical Assistance and Capacity Building has to go beyond generating IP awareness and capacity building in national IP offices aiming at facilitating more efficient award and protection of IP rights. It should focus on promoting domestic innovation, fostering a development-oriented IP culture and provide balanced advice on appropriate national IP strategies based on available flexibilities, exceptions and limitations. It should ensure the transparency, neutrality and effectiveness of technical assistance and capacity building programs. WIPO should support the development of national scientific and technological infrastructure in developing countries, in accordance with its mandate". With regard to DA recommendations on "Norm-setting, flexibilities, public policy and public domain" (Cluster "B"), the DAG paper states that "a 'development compatible' approach to norm-setting activities" is "one that is driven by the different levels of development and varying interests and priorities" of Member States, adding that such work should permeate all WIPO's substantive committees and treaty-related bodies and the various working groups. "Apart from transparency and inclusiveness in norm-setting processes, the principles enshrined in Recommendation 22 should underpin all norm-setting activities and be supportive of the development goals agreed within the UN System," the paper adds. The paper further states that "WIPO should promote norm-setting activities to facilitate access to knowledge and technology for developing countries and support a robust public domain" in line with DA recommendations 19 and 20, adding that "WIPO's agenda should be oriented toward preserving national policy space; i. e. safeguarding national implementation of IP rules and enable countries to devise relevant policies to support their own economic development". "WIPO should continue efforts to bring balance to the international IP system by encouraging full understanding and use of flexibilities, exceptions and limitations as well as special provisions, options or safeguards that are essential to meet the needs of developing countries," the paper adds. The DAG paper also committed to establishing a legally binding international instrument(s) that ensures effective protection of Traditional Knowledge, Traditional Cultural Expressions and Genetic Resources, adding that the WIPO process must not "undermine or prejudice, in any manner, the ongoing negotiations in the UN Convention on Biological Diversity, the WTO, and any other related ongoing negotiations/discussions". In relation to Cluster "C" recommendations on Technology Transfer, ICTs and Access to Knowledge, the DAG paper stresses the "need to develop appropriate solutions, guidelines and/or instruments, in particular, for the transfer of technology to the benefit of developing countries". With regard to Cluster "D", DA recommendations on Assessment, Evaluation and Impact Studies, the DAG emphasized the need to effectively address implementation of the recommendation, adding that "an effective and independent mechanism for coordination, monitoring, assessment and reporting on the implementation of the Development Agenda is critical for the successful implementation of the DA". On Cluster "E": Institutional Matters including Mandate and Governance, the DAG paper states that "a member-driven WIPO whose working procedures and decision-making processes are transparent, democratic and inclusive will enhance trust among Member States as well as the quality of service to be expected from the Secretariat", adding that this is a "key requirement for a successful mainstreaming of the Development Agenda". "To this end, the DAG believes that WIPO's governance can be further streamlined in the following ways: (i) more effective oversight of WIPO's Budget and Programs; (ii) well-defined and clear rules of procedure for all WIPO bodies that ensure predictability, transparency and consensus building; (iii) well-defined rules of procedure and code of conduct for the committees, chairs, the bureau, and Secretariat, including rotation of chairmanships among the various regions to provide for a member-driven process of deliberation; (iv) equity and balance in composition among different nationalities comprising WIPO's staff to reflect the representative and international character of WIPO as a UN specialized agency; and (v) mainstreaming of civil society participation in the deliberations of the Organization," the paper adds. The paper also notes that "the WIPO Secretariat performs a critical servicing function in ensuring the effective operation of WIPO as an international organization driven by its Member States", and thus stresses that "the neutrality of the Secretariat staff must be upheld". The paper further states that "a cornerstone of transparency and good governance is to have an effective and continuing independent external oversight function", adding that the WIPO Audit Committee has been performing an important and effective function and must be allowed to continue to perform its function without undue interference. On Cluster "F" recommendations pertaining to "Other issues", the DAG paper states that it attaches importance to a balanced and adaptive approach to the issue of building respect for IP, as presented particularly under DA Recommendation 45. "The issue of enforcement of intellectual property should be commensurate with an approach that is informed by other public policy and development priorities", the paper states, adding that WIPO as "the nodal international agency vested with the necessary legitimacy, expertise and competence to deal with IP", is the forum "where all issues related to international enforcement of IP should be deliberated". "Towards that end, the WIPO Secretariat should monitor developments in other fora with regard to IP enforcement and should report back on them to the Member States, with a view to bringing WIPO to centre-stage on the important issue of IP enforcement," the DAG paper further states. The first day of the fifth CDIP session also heard general statements of the regional groupings and individual Member States, as well as the WIPO Director-General's report on the implementation of the DA recommendations. In their opening statements, developing countries amongst others stressed the importance of reaching agreement on the coordination, reporting, monitoring and assessment mechanism on the implementation of the DA recommendations; of ensuring that financial resources are made available for implementing the approved recommendations; and to ensure that review of the status of the implementation of various projects and recommendations is a standing item on the agenda of the CDIP. The developed countries generally advanced the view that significant work on implementation and on IP and development has already been done and continues to be done. [Two proposals on the
coordination, reporting, monitoring and assessment mechanism on implementation
of the DA recommendations were discussed at length at the fourth CDIP
session held on 16-20 November. These proposals were from Group B (composed
of developed countries) and from "In practical terms, mandatory pre-negotiation procedures would afford an opportunity for more robust debate to clarify objectives, scope and content of proposed treaties than before, even though this might imply that it would take longer before treaty formulation can begin; it would reduce incidences of breakdown in treaty making processes after many years of discussions," added South Africa. "These set of principles are likely to play an important role in increasing transparency of WIPO treaty-making as well as general accountability leading to the strengthening of WIPO and improvement in its legitimacy," it further said. India said that the
WIPO Director-General's report on the implementation of the DA should
not be a substitute for a more detailed review of the status of implementation
of various projects and recommendations, as has been the practice in
previous CDIP sessions. On the establishment of the DAG, India said that it saw the Group playing a constructive role in facilitating dialogue between various regional groups in WIPO to collectively work towards a smooth integration of the development dimension in all areas of work in WIPO, through an inclusive and participatory approach, adding its belief that this will contribute to strengthening WIPO as a more dynamic, member-driven and effective UN agency in which all Member States feel a shared sense of ownership and stake in its smooth and effective functioning. On the matter of the
coordination mechanism for monitoring, assessing and reporting on the
implementation of the Development Agenda, It further said that the DA was a global partnership, adding that such a partnership is needed if countries are to benefit from the IP system according to their goals and needs. It also suggested the
holding of an open-ended meeting on the DA recommendations on technical
assistance (Cluster A), which would be open to civil society participation,
adding that this would be useful in guiding implementation of the recommendations. It stressed the need to explore ways and means that would enable IP to make a full contribution commensurate with the task of development. It also stressed the importance of balancing the rights of the right-holders and the general public interest, using the flexibilities to promote cultural industries, innovation and economic growth or meet specific needs of countries. Mainstreaming of development
will help ensure that IP rules suit the objectives of public policies,
such as those relating to health protection, biodiversity and access
to knowledge on a global basis and for the benefit of all stakeholders,
added
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