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Franklin Pierce Law Center Concord, April 11, 2008. IP Owners at WIPO – Current Situation and Trends WIPO Secretariat. 1. The Agenda for Development. Argentina and Brazil proposed to WIPO General Assembly of 2004 the establishment of a “Development Agenda for WIPO” (WO/GA/31/11 1 )

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Franklin Pierce Law Center Concord, April 11, 2008

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Franklin pierce law center concord april 11 2008

Franklin Pierce Law CenterConcord, April 11, 2008

IP Owners at WIPO – Current Situation and Trends

WIPO Secretariat


Franklin pierce law center concord april 11 2008

1. The Agenda for Development


Franklin pierce law center concord april 11 2008

Argentina and Brazil proposed to WIPO General Assembly of 2004 the establishment of a “Development Agenda for WIPO” (WO/GA/31/111)

1 This proposal was later expanded (document IIM/1/4, of April 6, 2005, submitted by a group of 14 countries self-designated as “Group of Friends of Development”: Argentina, Bolivia, Brazil, Cuba, Dominican Republic, Ecuador, Egypt, Iran, Kenia, Peru, Sierra Leone, South Africa, Tanzania and Venezuela.


Franklin pierce law center concord april 11 2008

The basic proposal was: “to integrate the ‘development dimension’ into policy making on intellectual property protection”

This basic proposal was developed around four major clusters


Franklin pierce law center concord april 11 2008

1st cluster: The development dimension and intellectual property norm-setting: safeguarding public interest flexibilities

2nd cluster: The development dimension and the transfer of technology


Franklin pierce law center concord april 11 2008

3rd cluster: The development dimension and intellectual property enforcement

4th cluster: Promoting ‘development oriented’ technical cooperation and assistance


Franklin pierce law center concord april 11 2008

In a nutshell, the main objective of the proposed “Agenda for Development” was to impregnate all other WIPO negotiating processes (namely, the SCP, the IGC and the SCR)

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Franklin pierce law center concord april 11 2008

Discussions were first held in the IIM (Inter-sessional Intergovernmental Meeting), which had three sessions in 2005


Franklin pierce law center concord april 11 2008

The IIM discussed proposals submitted by: the Group of 14, the United States (on the establishment of a partnership program – an Internet-based tool), Mexico (insertion of IP in a program of good governance), the United Kingdom (to rejuvenate the PCIPD), Bahrain (leading a group of 14 Arab countries) (a very broad proposal on the role of WIPO in setting a new economic vision, on the establishment of a voluntary fund for training and with recommendations addressed to other Member States)

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Franklin pierce law center concord april 11 2008

The 2005 WIPO General Assembly decided:

1. To establish a “Provisional Committee on proposals Related to a WIPO Development Agenda” (PCDA) which should complete the discussions initiated in the IIM and report to the General Assembly, in 2006

2. To discontinue the PCIPD.


Franklin pierce law center concord april 11 2008

1st session of the PCDA – February of 2006

The PCDA discussed proposals submitted by Morocco on behalf of the African Group (a very broad proposal), by Chile (a proposal with suggestions of some concrete studies), by Colombia (on the establishment of databases for patent searches), by the US (on the partnership), and by the Group of 14 (suggesting a list of concrete outcomes for the PCDA).


Franklin pierce law center concord april 11 2008

2nd session of the PCDA – June of 2006

Discussion on 111 proposals (the “Manalo document”), which were arranged under 6 clusters

The group of 14 submitted a proposal of a final resolution but it was rejected

The group of central Asian countries, led by Kyrgysztan, submitted a proposal on a consensual agenda of discussions, but it was also rejected


Franklin pierce law center concord april 11 2008

The 2006 WIPO General Assembly decided that the PCDA would continue its work, by discussing the 111 proposals: 40 were consensual; 70 had still to be analyzed


Franklin pierce law center concord april 11 2008

In the 2 sessions of the PCDA in 2007, the 111 proposals were streamlined to 45 recommendations (19 of which for immediate implementation), and organized under 6 clusters:

(a) Technical assistance and capacity building (14);

(b) Norm-setting, flexibilities, public policy and public domain (9);

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Franklin pierce law center concord april 11 2008

(c) Technology transfer, information and communication technologies (ICT) and access to knowledge (9);

(d) Assessment, evaluation and impact studies (6);

(e) Institutional matters including mandate and governance (6);

(f) other issues (enforcement) (1).

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Franklin pierce law center concord april 11 2008

The 2007 WIPO General Assembly established a new permanent body – the Commitee on Development and Intellectual Property (CDIP)

The CDIP had its first session in February 2008; five recommendations of Cluster A were discussed. Now, the Chair is holding informal consultations to examine how the work should move forward.

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Franklin pierce law center concord april 11 2008

2. The main hurdles of the “Agenda for Development” and the foreseeable future*

*Word of caution: If I could foresee the future I would win the lottery every week


Franklin pierce law center concord april 11 2008

The hurdles:

. It was proposed by countries that do not use technology related-IP intensively

. It was proposed by IP policy takers, not by IP policy makers

. It was proposed by countries that, in 1994, exchanged IP-related concessions for trade-related concessions (IP as a tool for primarily obtaining market access)

. Therefore, without the active engagement of developed countries in matters of substance, the Agenda for Development lacks content


Franklin pierce law center concord april 11 2008

The foreseeable future:

. Negotiating processes in WIPO will wait for developments in the CDIP, while the CDIP devotes most of its attention to matters other than norm-setting

. In the meantime, bilateral processes will continue; at some point, in the context of the CDIP, a number of developing countries could eventually seek a moratorium in those bilateral processes but that would be seen as an interference in the rights of sovereign countries

. Sometime in the future, negotiations will be held in another multilateral forum, as it happened in 1986

* Those negotiations will naturally be built upon the outcomes of those bilateral processes.


Franklin pierce law center concord april 11 2008

Thank you!

If you have questions concerning this presentations do not hesitate to send them to

[email protected]


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