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Info Service on Intellectual Property Issues (Jul25/01) Sixty-Sixth Series of Meetings of the Assemblies of the Member States of the World Intellectual Property Organization (WIPO) Geneva, 8 – 17 July 2025 Statements by Third World Network (1) General Statement Thank you, Mr. Chair. There is a growing trend of investment in intangible assets, particularly intellectual property (IP), in the manufacturing sector. This rush for securing intangible assets may lead to a model of factory-less production, where firms that design and market products no longer own or control the production process. Consequently, those investing in intangibles capture most of the value generated from goods and services, primarily through the acquisition and enforcement of IP rights. This trend poses serious challenges for firms in developing countries, locking them into low-value segments of global value chains and deepening inequality by slowing the spread of technology. According to the UNCTAD Technology and Innovation Report 2025, just two countries dominate two-thirds of global frontier technologies, including Industry 4.0 and climate-friendly innovations. In light of this, we urge Member States to begin discussions on the impact of IP on access to frontier technologies in the manufacturing sectors of developing countries. We also request Member States to incentivize the use of exceptions and limitations to achieve the Sustainable Development Goals. Thank you. (2) Statement on the Standing Committee on Patents (SCP) Thank you, Mr. Chair. We take this opportunity to recall our general statement yesterday where we flagged the role of patents in enhancing inequality and the development divide. The report of the UN Committee for Development Policy (CDP) in its report to the Economic and Social Council (ECOSOC) makes the following observation on intellectual property (IP) protection: "They are biased towards rewarding innovators over users. Intellectual property protection often far exceeds what would be necessary to incentivize innovation, leading to high prices and an undersupply of public goods and reducing the global dissemination of the benefits of innovation, which contributes to new inequalities". Further, the CDP calls that "to remedy the current dysfunctional intellectual property system would be to review its administrative (and political) and legal obstacles to address the development concerns”. Apart from enhancing inequality patents are now acting as a barrier to green transition including restricting the right to repair and thus facilitating corporations to continue with environment-unfriendly practices. UNCTAD calls for an IP regime that works for a just energy transition. This year marks 30 years of the TRIPS Agreement, which substantially eliminated policy space for developing countries. As a result of the TRIPS patent regime, developing countries have to grant pharmaceutical patents which considerably compromises the ability of these countries to fulfill their obligations on the Right to Health, especially access to medicines. Therefore, we call upon WIPO Member States to urgently streamline the work of the Standing Committee on Patents to address the obstacles to making use of TRIPS flexibilities. We also take this opportunity to caution Member States, prior to advancing the discussion on the patentability of AI generated inventions, that the discussion should focus on the preliminary issue i.e. whether the so-called AI inventions fall within the definition of inventions under existing patent laws. Thank you. (3) Statement to the Committee on Development and Intellectual Property (CDIP) Thank you, Mr. Chair. We take this opportunity to highlight the non-implementation of the (WIPO) coordination mechanism, which is to facilitate the reporting from other committees. As a result, it is not clear whether the implementation of the WIPO Development Agenda has been mainstreamed in the work of standing committees. We call for an urgent implementation of the coordination mechanism as mandated by the two General Assembly decisions in 2020 and 2017. The focus of some of the projects under the CDIP is furthering intellectual property (IP) acquisition and implementation. The discussion in the last CDIP on counterfeiting is a case in point. The intent behind the WIPO Development Agenda is to address the development concerns emerging out of IP protection and enforcement. It is important that CDIP addresses implications of IP on industrializations in developing countries such as the implications of patents on frontier technologies in the manufacturing and service sectors in developing countries. Similarly, it is also important to look at how far IP is acting as a barrier to facilitate initiatives to make repairing a consumer right. CDIP projects need to look at good practices by Member States to overcome such barriers. We look forward to discussions and projects in some of these areas. Thank you. (4) Statement to the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) Thank you, Mr. Chair. The quarter century of discussion at the IGC gave us so many examples of how the intellectual property (IP) system is working against traditional knowledge and cultural expression. Often, the modern IP system uses traditional knowledge, genetic resources and cultural expressions as raw material to acquire new types of IP monopoly without sharing any benefits to the custodians. It is indeed a step froward that the Diplomatic Conference could reach consensus on the treaty on traditional knowledge and genetic resources. However, the major gap in the treaty is its silence on disclosure when digital sequence information (DSI) is part of the patent claims or patent specifications. It is important that Member States address this gap in the coming days especially while implementing the treaty. The recent episode of big fashion brand Prada copying the design and even methods of manufacturing a footwear protected under geographical indication in India exposes the gaps in securing effective remedies against the misappropriation traditional knowledge and traditional cultural expression.
It is important that the discussions within the IGC focus more on prevention of misappropriation of traditional knowledge and traditional cultural expression. Thank you. (5) Statement on Advisory Committee on Enforcement (ACE) Thank you, Mr. Chair. We take this opportunity to reiterate the understanding that the work program of ACE is to be guided by the WIPO Development Agenda recommendation 45 which reads: “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”. In this regard the work program of ACE should maintain a balanced approach and address the concerns of developing countries. However it was unfortunate that the last ACE meeting could not reach agreement to discuss the issue of biopiracy. While in this forum we advocate for the respect of IP, we cannot expect the same to happen when the scourge of biopiracy exists. Therefore, it is incumbent on this forum to provide advice not only on enforcement but also provide necessary advice to all stakeholders on how the rent seeking behavior of IP holders through biopiracy needs to be brought down. It is for this forum to remind and reiterate the fundamental objectives that IP stands on the shoulders of public utility and not public exploitation. We are looking forward to further discussion on the topic, in the upcoming agenda of this forum. Thank you.
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