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    Full Agenda For WIPO Committee On Development This Week

    Published on 11 November 2012 @ 1:46 pm

    By , Intellectual Property Watch

    After a difficult session last May, the World Intellectual Property Organization committee examining the development dimension of WIPO activities will reconvene next week with a substantive agenda. In particular, delegates will assess progress of ongoing projects, consider reports on finished projects, and consider the committee’s future work. They also will consider a conference on IP and development.

    The 10th session of the Committee on Development and Intellectual Property (CDIP) will meet from 12-16 November.

    Delegates will examine the yearly progress report prepared by the WIPO secretariat, giving an overview on all ongoing projects [pdf]. According to WIPO, the report presents strategies adopted to implement each recommendation, and highlights the main achievements.

    The projects answer to the WIPO Development Agenda, adopted by the 2007 General Assembly, which contains 45 recommendations, 19 of which were selected for immediate implementation.

    The draft agenda [pdf] also shows a list of evaluation reports for individual completed projects. The evaluation reports are carried out either by independent external auditors, or by the WIPO Internal Audit and Oversight Division.

    One such project [pdf] is on intellectual property, information and communication technologies (ICTs), the digital divide, and access to knowledge. The project arose from Development Agenda recommendations 19 (access to knowledge and technology for developing countries an LCDs to foster innovation), 24 (bridging the digital divide), and 27 (facilitate intellectual property-related aspects of Information and Communication Technology for growth and development).

    Another project [pdf] is on developing tools for access to patent information. This project followed Development Agenda recommendations 19, 30 (WIPO should cooperate with other IGOs to provide developing countries advice on how to gain access to and make use of intellectual property-related information on technology), and 31 (contribute to transfer of technology to developing countries).

    CDIP Work Programme; Patent Flexibilities Contentious

    The CDIP will also consider the work programme for implementation of adopted recommendations. On the list of documents to be discussed is a revised version of a study [pdf] on assessing WIPO’s contribution to the achievement of United Nations Millennium Development Goals. The study was discussed by the CDIP at its 8th session from 14-18 November 2011 and the Committee had requested that the study be revised and re-submitted, according to WIPO.

    The future work on patent-related flexibilities in the multilateral legal framework also will be discussed by delegates. At the last session of the CDIP, from 7-11 May, divergence between countries arose around the committee’s work on flexibilities. Developed countries in particular voiced concern about duplicating work already carried out in the WIPO Standing Committee on the Law of Patents (IPW, WIPO, 12 May 2012).

    Included in the documents are comments received from member states on the list of four patent-related flexibilities to be addressed by the CDIP. In particular, the United States reiterated its support for “WIPO’s efforts to make available advice to developing countries and LDCs on ‘the rights and obligations and the understanding and use of flexibilities contained in the TRIPS Agreement,’ as expressly required by Development Agenda Recommendation 14,” but they added that the committee should not duplicate work and ” respects both the subject matter expertise of other committees and CDIP’s unique mandate.”

    The European Union said the “World Trade Organisation is the relevant forum to discuss the application of TRIPS rules and flexibilities and, at the least, should be associated and consulted in any such discussion.” The four flexibilities mentioned are found in the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

    “The CDIP has an important role to play in the discussion on flexibilities in the IP Regime,” according to the Development Agenda Group (DAG). The DAG supports “the strengthening of the Work Program on Flexibilities in the Intellectual Property System that includes not only studies on the matter, but also very practical activities, such as the development of a database that compiles national experiences regarding the implementation of such flexibilities.” They also noted that the four patent-related flexibilities identified during the last session of the CDIP are not exhaustive of all patent-related flexibilities.

    The four patent-related flexibilities are: the scope of the exclusion from patentability of plants (TRIPS Article 27), flexibilities in respect of the patentability, or exclusion from patentability, of software-related inventions (TRIPS Article 27), the flexibility to apply or not criminal sanctions in patent enforcement (TRIPS Article 61), and measures related to security that might result in a limitation of patent rights (TRIPS Article 73).

    The CDIP will also have to decide on the second phase of a project [pdf] meant to develop tools for access to patent information, and study the terms of reference for a comparative study on copyright relinquishment [pdf].

    According to WIPO, during the last session of the CDIP, member states decided to follow a recommendation by the secretariat to commission a study on voluntary copyright relinquishment. This follows one of the recommendations of a scoping study on copyright and related rights and the public domain [pdf], carried out by Séverine Dusollier, professor at the University of Namur (IPW, WIPO, 26 November 2010).

    The recommendation reads as follows: “The voluntary relinquishment of copyright in works and dedication to the public domain should be recognized as a legitimate exercise of authorship and copyright exclusivity, to the extent permitted by national laws (possibly excluding any abandonment of moral rights) and upon the condition of a formally expressed, informed and free consent of the author. Further research could certainly be carried out on that point”.

    Developing Countries Propose Conference on Development

    On 6 November, the delegation of Brazil, on behalf of the DAG, submitted suggestions [pdf] for a conference on intellectual property and development. Developing countries have asked repeatedly that a standing agenda item on IP and development be added to the CDIP agenda, and have met resistance from developed countries (IPW, WIPO, 9 May 2012).

    In an updated document dated April 2011 [pdf], featuring a proposal by the DAG of a CDIP new agenda item on IP and development during the 6th session of the Committee from 22-26 November 2010, the DAG said that ” WIPO’s Program and Budget for 2010/2011 contains, in the section on the Development Agenda Coordination Division, a reference to the organization of a ‘Major International Conference on Integrating Development into IP Policy-Making’.”

    The suggestions for the conference on IP and development, which is proposed to last for three days and be organised “in the second half of 2013″ include suggested themes, such as IP and public health, IP rights and creativity, IP and environment, and the WIPO role and related governance issues.

    Catherine Saez may be reached at info@ip-watch.ch.

     

    Comments

    1. CDIP Agrees To IP And Development Conference; Other Tough Issues Kept Open | Intellectual Property Watch says:

      [...] The Group of Latin American and Caribbean countries (GRULAC) asked the secretariat to continue its work on flexibilities with an emphasis on Article 27 of TRIPS (patentable subject matter), as did the DAG, in conformity with its submission in document CDIP/10/11 (IPW, WIPO, 11 November 2012). [...]


    Leave a Reply

    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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