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    Debate At WIPO Over Process For Technical Assistance Review

    Published on 18 November 2011 @ 2:41 pm

    By , Intellectual Property Watch

    Members of the World Intellectual Property Organization this week are slogging through a series of documents related to intellectual property and development. But one document, an external report on WIPO’s provision of technical cooperation assistance, has given way to a substantive discussion about how to fully address the report’s findings of the need for improvement at the UN agency.

    The WIPO Committee on Development and Intellectual Property (CDIP) is meeting from 14-18 November. The CDIP oversees the implementation of the 2007 Development Agenda. All documents for the meeting are available here.

    At midday today, the final day, a draft plan for addressing the external report was circulated among regional coordinators. The plan would create an informal working group to assess the report by the next CDIP meeting.

    At issue is a report, CDIP/8/INF/1, entitled, “An External Review of WIPO Technical Assistance in the Area of Cooperation for Development.” The report was mandated by the CDIP, in relation to Development Agenda Recommendation 41, and covered WIPO technical assistance from 2008 through 2010. The authors are independent consultants Carolyn Deere-Birkbeck, senior researcher at the Global Economic Governance Programme at Oxford University, and Santiago Roca, professor of economics at ESAN University Graduate School of Business in Lima, Peru.

    Deere briefly presented on the report to the CDIP plenary yesterday, but was not asked to present on findings or take significant questions about the content, according to participants. In looking for a way to address the report, developing countries called for the creation of a subcommittee to look more deeply into the report, while developed countries suggested that the WIPO secretariat provide written answers and updates to the report, sources said.

    Informal consultations were held among regional coordinators on how to proceed, and the midday draft plan appears to represent a first effort at compromise. It is expected to be discussed this afternoon.

    The draft plan states:

    “Modalities for the Informal Working Group on the External Review of Technical Assistance (CDIP/8/INF/1)

    1. The informal working group will be open to regional coordinators and other interested delegates.

    2. There will be no budgetary implications associated with the informal working group (e.g. travel, interpretation, etc.).

    3. The informal working group will commence its work after CDIP 8, with the committment to present a report on its findings to CDIP 9. If the CDIP deems that it is necessary to extend the informal working group, it may do so by consensus at CDIP 9.

    4. The informal working group should strive to review CDIP/8/INF/1, with the goal of identifying recommendations that are redundant or no longer relevant. The informal working group may also choose to discuss the substantive elements of the recommendations in an effort to save time for discussions during CDIP 9. However, there will be no prioritization of recommendations.

    5. The report to be presented shall not duplicate the work of the CDIP, nor direct the CDIP to take action, but only serve as a tool to expedite the discussions within the CDIP.

    6. The work carried out by the informal working group shall proceed in parallel with that of the Secretariat as directed by the project (CDIP/4/8, Section .23, Component 2, para (c), page 10), and its accompanying terms of reference.

    7. One day should be set aside in CDIP 9 to discuss the informal working group’s report, and, more broadly, CDIP/8/INF/1.”

    The roughly 270-page external report addresses the full range of WIPO technical assistance activities worldwide, and was submitted in summer. It contains a nearly 40-page executive summary with highlighted recommendations, and an introduction, followed by sections on organizational arrangements and trends, relevance and orientation, impact, assessment by pillar of development cooperation, management and efficiency, coordination, and annexes and bibliography.

    In general, the researchers found that information needed for a comprehensive understanding of WIPO’s technical cooperation work does not yet exist or is not coordinated in a consistent way, leading to a series of recommendations on how to improve reporting and data.

    Examples of recommendations include: better integration of Development Agenda principles, guidelines and best practices; improving the development-orientation of activities; improving prioritisation and balance of activities; integrating budgets and planning for all development cooperation activities; and improving demand management, partnership and outreach for development cooperation. Other proposals were to strengthen results and impact monitoring, evaluation and reporting; expand use of non-governmental stakeholders; and a host of ways to improve management of technical cooperation such as stronger structures, frameworks and measurement.

    (Note: Deere is also founder and Board Chair of Intellectual Property Watch and Roca is former head of the intellectual property office in Peru, but the review is entirely separate from those activities.)

    Discussion on the technical assistance review was suspended yesterday to allow for informal consultations.

    WIPO Deputy Director General Geoffrey Onyeama told the plenary that this “situation is really unique,” according to participants, reflecting the new terrain for deciding how to proceed with the report. He pointed to a different case of an external “desk-to-desk” jobs assessment within WIPO conducted several years ago, that is still the source of change with the organisation.

    Other topics under discussion this week include: a feasibility study on the establishment of national patent register databases and linkage to PatentScope; a study on Patents and Public Domain; interaction of agencies dealing with intellectual property and competition law; interaction between exhaustion of intellectual rights and competition law; a report on an analysis of the economic/legal literature on the effects of intellectual property (IP) rights as a barrier to entry; a taxonomy-analytical study for the project on open collaborative projects and IP-based models (Recommendation 36); progress reports on projects and recommendations; intellectual property and the informal economy; assessing WIPO’s contribution to the achievement of the Millennium Development Goals (MDGs); future work programme on flexibilities in the intellectual property system; description of the relevant WIPO bodies to the implementation of the respective Development Agenda recommendations; project paper for the project on intellectual property and technology transfer: common challenges – building solutions (Recommendations 19, 25, 26 and 28); a proposal by the delegation of Burkina Faso [related to strengthening the audiovisual sector in that country]; and a scoping study on copyright and related rights and the public domain.

    William New may be reached at wnew@ip-watch.ch.

     

    Comments

    1. Micro Consensus on WIPO Technical Assistance; Prickly Issues Left Open | Intellectual Property Watch says:

      [...] external review was first presented to the CDIP at its 8th session, in November 2011 (IPW, WIPO, 18 November 2013). It included a number of recommendation aimed at improving WIPO’s technical assistance. At [...]


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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.

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