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    New Committee For WIPO Development Agenda; Patents Reinvigorated

    Published on 3 October 2005 @ 10:44 pm

    By , Intellectual Property Watch

    Member governments of the World Intellectual Property Organisation tonight overcame a flare-up in tensions to reach agreement on the future of a proposed WIPO development agenda and the future work of a key patent committee.

    The final texts of both, which represent the last two sticking points for the 10-day WIPO General Assembly, will be adopted in a plenary session on Tuesday morning. On Wednesday, the last day of the meeting, all agreements will be formally adopted.

    The development agenda was originally proposed by the Friends of Development Group led by Brazil and Argentina at the 2004 General Assembly. That assembly created an Intersessional Intergovernmental Meeting (IIM), a high-level, temporary forum to examine the proposal, and the Friends of Development sought to continue that forum.

    The Group B industrialised countries led by the United States sought to move the issue to an existing but revitalized Permanent Committee on Cooperation for Development Related to Intellectual Property (PCIPD).

    The agreed text states:

    - Considering the need to make progress in integrating the development dimension in WIPO broadly so that concrete and practical results can be achieved in the most timely and efficient manner, the General Assembly hereby decides:

    - To constitute a Provisional Committee to take forward the IIM process to accelerate and complete the discussions on proposals relating to a WIPO Development Agenda and report with any recommendations to the General Assembly at its September 2006 session.

    - In the interim, and without prejudice to the provision of technical assistance, the PCIPD will cease to exist.

    - The work of the Provisional Committee shall not prejudice the activities of the other WIPO bodies in discussing all matters relevant to development.

    - The Provisional Committee shall have two one-week sessions, and the deadline for submission of new proposals shall be the first day of the first session of the Committee.

    Several officials asked afterward gave varying interpretations as to the significance of a “provisional committee,” which does not appear to be a standard WIPO classification. One official hinted that it might be considered a stepping stone to a permanent committee, while another said the committee might have the same high-level status as the IIM, which reports directly to the General Assembly.

    It was also noted that the PCIPD only ceases to exist while the provisional committee is operating.

    New Work Programme For Patent Committee

    On the work programme of the Standing Committee on Patents, which has been sought by the United States along with the European Union and Japan, agreement was reached to hold a five-day meeting and report to the 2006 General Assembly.

    The committee meeting will be preceded by a three-day, informal open forum in Geneva in the first quarter of 2006 on all issues related to the draft Substantive Patent Law Treaty. Contributions to the forum will reflect a “balance of geographical representation and perspectives, and technical expertise,” according to the latest version of the chair’s draft. The WIPO Director General will prepare a programme for the forum in consultation with member states.

    Then a three-day informal session of the SCP will follow to agree on a work programme for the committee, taking into account the discussions of the open forum.

    Tensions Crescendo Before Accord

    According to some participants, the closed, informal session of the annual WIPO General Assembly broke abruptly after Switzerland on behalf of the Group B industrialised countries declared they would not recognise a proposal on the future of the development agenda put forward by the assembly chair. Some officials said the chair then reacted by suggesting to proceed to the patent committee, the only other outstanding agenda item of the assembly.

    But countries of the Friends of Development Group led by Brazil said they would not agree to discuss the patent issue without discussing the development agenda issue first. As one developing country delegate put it shortly afterward, to suggest that patents could be discussed outside of the context of development is to demonstrate a lack of understanding about development issues. They argue such issues cut across many areas of WIPO.

    A US official noted outside the meeting that Brazil had moved to link the development agenda with the patent issue, something no country had done overtly in WIPO before that point.

    Categories: Development, English, WIPO

     


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    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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