TWN Info Service on Intellectual Property Issues (Oct07/02)

10 October 2007


WIPO ASSEMBLY: REGIONAL GROUPINGS VOICE THEIR PRIORITIES

Regional groupings and individual member states presented their views on the key issues that will be decided at the WIPO General Assembly after the meeting's agenda was finally adopted.

Below is a report that was published in the South North Development Monitor on 27 Sept 2007.

It is reproduced here with the permission of the SUNS. Any reproduction or recirculation requires the prior permission of the SUNS (sunstwn@bluewin.ch).


With best regards
Martin Khor
TWN

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WIPO ASSEMBLY: REGIONAL GROUPINGS VOICE THEIR PRIORITIES

Geneva, 26 Sept 2007: By Sangeeta Shashikant (TWN)


Regional groupings and individual member states presented their views on the key issues that will be decided at the current WIPO General Assembly after the meeting's agenda was finally adopted.

The controversial agenda item 12 on an internal audit report relating to the alleged misrepresentation of the birth year of the WIPO Director General was adopted after an amendment that referred the issue to a Friends of the Chair group, which will produce a report for the consideration of the current Assembly (see SUNS #6331 dated 26 September 2007).

Among the key substantive issues of the Assembly are the consideration of reports and follow-up activities on the WIPO Development Agenda; the work on patents; the proposed broadcasting treaty; and the committee on genetic resources, traditional knowledge, and folklore.

Separate proposals (by the United States and Japan) to reduce patent fees charged under the Patent Cooperation Treaty, and by Brazil to reduce the PCT fees charged to developing countries, will also be discussed.

The African Group, represented by Algeria, welcomed the positive outcome of the committee on the Development Agenda and PCDA meeting and said it was important to see the development agenda integrated into the mission of WIPO.

It said the Development Agenda is at crucial stage and that the implementation stage is as important as the negotiating stage.

It supported the renewal of the Intergovernmental Committee (IGC) on Traditional Knowledge, Genetic Resources, Traditional Cultural Expressions and Folklore, adding that the protection would allow countries with richness (of genetic resources and traditional knowledge) to benefit and to take an interest in the global economy. The new activities should look at the international dimension.

It supported the Brazilian proposal on reduction of PCT fees charged to developing countries, adding that it would not jeopardize the financial stability. However, the US and Japan proposal on the reduction in PCT fees might have negative financial implications for WIPO.

On the Standing Committee on Patents, the Africa Group said a new dynamic is necessary for the committee and that the study that is to be undertaken should look at the problems that the harmonisation of patents would have for developing countries.

The Group of Latin American and Caribbean countries (GRULAC), represented by Brazil, said that Assembly is about to take a historic decision on the WIPO Development Agenda. Following 3 years of negotiations, 45 recommendations for action have been agreed to. The Group expressed strong commitment to implementing the Development Agenda.

GRULAC also supported the renewal of the IGC (on traditional knowledge). On enforcement, it said that the Advisory Committee on Enforcement should continue to play its role as a forum for dialogue and exchange of experiences.

In relation to patents, it said that the issues selected for the study by the Secretariat were of interest to developing and developed countries and that it was a good basis for the work on patents. It also supported the proposal (in the budget committee) to reserve 5 million Swiss Francs for the Development Agenda.

Honduras, on behalf of the G 77, said that development agenda is a vital instrument and that it was thus very important that it gets substantial support.

China said that developed countries have to show more responsibility to ensure global development. Developing countries should tap their own potential advantage to enhance the capacity to develop a harmonious relationship between IP protection and the national interest.

It supported the renewal of the IGC and hoped for an early breakthrough so as to have a binding instrument.

On norm setting in WIPO, China said the most important thing is to start from the actual situation of developing countries and to ensure that IP protection does not result in more costs than benefits.

Several developed countries supported the reduction of PCT fees proposed by US and Japan. They also supported a strong enforcement agenda and the resumption of work by the patents committee.

Italy, on behalf of Group B, said that in spite of national and regional efforts to improve IP rights, the fight against counterfeiting has become an important challenge.

Portugal, on behalf of the European Community, said that lack of IP enforcement threatens innovation, health and security and is a loss of tax revenues. It stressed the need for training on enforcement issues.

In relation to traditional knowledge and genetic resources issues, the statements of the developed countries did not give an indication that they are keen on working towards a binding instrument.

Portugal, on behalf of the European Community, supported the renewal of the mandate of the IGC but said that there were significant differences between countries and that further discussions and exchange of experiences would be needed. Meanwhile, Italy, on behalf of Group B, stressed the use of best practices for legal protection.

The United States drew attention to its joint proposal with Japan to seek a PCT fee reduction which it claimed would encourage increased use of the PCT and to maintain the confidence of the users of the system.