TWN Info Service on Intellectual Property Issues (May26/04)
12 May 2026
Third World Network

WIPO: Developing countries call for review of 20 years of WIPO Development Agenda

12 May (Sreenath Namboodiri) – Developing countries mounted a unified defence of the development mandate at the World Intellectual Property Organization (WIPO), dominating the closing hours of the 36th session of the Committee on Development and Intellectual Property (CDIP), held in Geneva from 4 to8 May 2026.

They rallied behind a proposal to undertake a comprehensive review of the WIPO Development Agenda ahead of its 20th anniversary, while reaffirming the organization’s institutional responsibility to ensure that intellectual property contributes to equitable economic and social development.

Conversely, the United States (US) sought to curtail the organization's development mandate, stating unequivocally that WIPO is not a development agency and refusing to support initiatives aimed at advancing the UN Sustainable Development Goals (SDGs).

The clash centred around an African Group proposal to utilize the year 2027 milestone to conduct a structural assessment of the Development Agenda's impact over the last two decades. Presenting the proposal, South Africa stated that the Committee must undertake a “meaningful reflection on the achievements and lessons learned since the adoption of the Development Agenda recommendation”.

The African Group requested that the Secretariat prepare an exceptional Director General's report that would “highlight the history and the evolution of the DA over the years,” detail major shortcomings and implementation difficulties, and “identify potential gaps and propose meaningful solutions” to strengthen intellectual property (IP) matters in line with the needs of developing countries.

The proposal immediately garnered support from major blocs, including the Group of Latin American and Caribbean countries (GRULAC), the Asia-Pacific Group and the Central Asian, Caucasus and Eastern European Countries (CACEEC), as well as from developing countries such as China, Iran, Indonesia, and Brazil.

The Russian Federation, representing CACEEC, noted that the anniversary is “not only a figure but an important milestone [...]which we would do well to use as an analytic tool”.

The US opposed the initiative, arguing that the proposed review would be “duplicative” of an ongoing independent review.

Nigeria issued a rebuttal to the US stance, emphasizing the historical weight of the anniversary and the inadequacy of standard reporting mechanisms. “Twenty years is not a routine milestone. It is a generational moment and it deserves a report that rises to that occasion,” the Nigerian delegation argued.

Nigeria clarified that while the standard annual report is merely a "snapshot" of the preceding year, the African Group is demanding “a retrospective that traces the full arc of the Development Agenda over two decades, identifies what was achieved, what fell short and what lessons should guide the next phase.”

Addressing the US duplication claims directly, Nigeria declared, “Madam Chair, you cannot duplicate a document that has never been written”.

The debate over the report quickly widened into a broader confrontation regarding WIPO's core institutional purpose.

In its closing statement, the US escalated its opposition, asserting that WIPO had “egregiously overstepped its mandate” by incorporating SDG implementation into its workstreams. The US delegation stated, “The United States objects to the characterization of WIPO as a Development Agency... development is not WIPO’s core focus or mandate”. The US also announced it would “no longer reaffirm the Sustainable Development Goals as a matter of course” and warned it would scrutinize the financial resources devoted to these development-oriented workstreams.

Developing countries immediately moved to defend their policy space and the legally binding nature of WIPO's development obligations.

Brazil citing the historical consensus of the Development Agenda and WIPO's institutional agreement with the United Nations, reminded CDIP that the international IP systems “should not be limited to minimum standards of protection and enforcement of IP rights but also contribute to the promotion of technological innovation and to the transfer of technology in a manner conducive to social and economic and also environmental development”.

Brazil stressed that WIPO is legally responsible for facilitating technology transfer to developing nations “in order to accelerate economic, social and cultural development.” Crucially, Brazil insisted that the Development Agenda must not be restricted to mere technical assistance, asserting, “It is our understanding that the central element of the Development Agenda was and still is norm setting”.

Iran said that the Development Agenda “was conceived not as a standard exercise but as a framework to ensure that the international Intellectual Property system contributes meaningfully to inclusive and balanced development”.

Indonesia echoed these sentiments, demanding that WIPO’s technical assistance be “demand driven, strategically coherent, need-based and oriented toward measurable developmental impact," while stressing that regional and triangular cooperation must be strengthened to secure "policy space and a more balanced and inclusive global IP frameworks”.

The systemic vulnerabilities of developing nations were further underscored by Dominica, which highlighted the existential stakes of IP policy for marginalized nations. Dominica noted that for those at the frontline of climate disasters, global challenges risk "creating an imbalance in developing, protecting and retaining Intellectual Property" which necessitates "inclusive cooperation and balanced outcomes that enable all Member States to participate meaningfully".

Following intense informal consultations to break the deadlock on the future work program, the Committee agreed to a procedural compromise.

Under the final summary by the Chair, it was decided that the African Group will formally submit a written proposal for the 20thanniversary Director General’s report in advance of the 37th session, guaranteeing that this critical battle over WIPO's development mandate will resume at the next Committee meeting.