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IP-Watch Interns Summer 2013

IP-Watch interns Brittany Ngo (Yale Graduate School of Public Health) and Caitlin McGivern (University of Law, London) talk about their Geneva experience in summer 2013. 2:42.

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    Independent Assessment Of Development Dimension In WIPO Delayed

    Published on 22 November 2013 @ 7:14 pm

    By , Intellectual Property Watch

    World Intellectual Property Organization delegates could not find agreement on how to carry out an independent review of the implementation of how the 2007 WIPO Development Agenda Recommendations have been implemented in the organisation.

    One of the prickliest items of the 12th session of the WIPO Committee on Intellectual Property and Development (CDIP), held from 18-21 November, was agreeing on terms of reference of an independent review of WIPO’s implementation of the Development Agenda, which was intended to ensure that a development dimension was infused into all of the UN agency’s work.

    The last version [pdf] of the terms of reference is dated 21 November. According to a source, agreement was reached on the first paragraph of the “background”, as well as the small paragraph under “Purpose and Scope of the Review.” The rest of the document is a compilation of various proposals from delegations. The parts highlighted in yellow and green are specific points of disagreement within these proposals, the source said.

    A coordination mechanism was adopted in 2010 to promote the aim of the Development Agenda, which itself seeks to ensure that development considerations form an integral part of WIPO’s work. Part of the decision includes a request that the CDIP undertake an independent review of the implementation of the Development Agenda Recommendations at the end of the 2012-2013 biennium.

    After informal consultations took place during the week, delegates could not conclude their work on the terms of reference.

    A first draft [pdf] of the chair’s summary of the meeting released in the afternoon of the last day of the meeting bore several missing decisions by the committee (Paragraph 12, 1, 15 and 17). Among them was the issue of the independent review. It took delegates a good part of the evening to reach agreement on the next steps to take as it became evident that the CDIP would fail to meet the goal of the 2010 decision.

    Points of view differed on the progress made this week and the next steps forward. Developed countries declared that good progress had been made, while developing countries underlined the fact that no agreement could be reached on the terms of reference. They asked that intersessional work be undertaken before the next session of the CDIP. This met with refusal from developed countries, which said many experts from capital, essential to the discussions could not been brought back to Geneva for this purpose before the next session of the CDIP in May 2014.

    Finally, CDIP Vice-Chair Ekaterine Egutia, deputy head of the National Intellectual Property Center (SAKPATENTI) in Georgia, suggested a compromise solution in which the chair or vice-chair of the CDIP would compile and redraft the terms of reference following the 12th session informal discussions, and submit a single document that would be a basis for discussion at the 13th session of the CDIP.

    Some developing countries said that informal consultations are the norm at WIPO and found it hard to understand the resistance of developed countries.

    After a long discussion, delegations agreed on continuing discussion in the next session of the CDIP, with sufficient time allocated for finalising the terms of reference.

    Delegations will have to submit comments by the end of January 2014 and the chair will prepare draft terms based on the consensus reached this week, the comments received by delegations, and contribution by the WIPO secretariat in terms of budget and timeline. One informal consultation will be held prior to the 13th session of the CDIP.

    This is reflected in the final version of the Summary by the Chair [pdf], agreed on late last night and published today.

    Open Issues Left for Next Session

    Given the late hour, it was decided by the committee that the two other items left open for discussion in the draft summary by the chair would be taken up at the next session. The items are an international conference on intellectual property and development, and the external review of WIPO technical assistance in the area of cooperation for development.

    The CDIP decided to discuss a proposal for establishing a standing agenda item on IP and development at the next session (IPW, WIPO, 21 November 2013). The summary by the chair reads that further discussion will be held “with the view to reporting back and making recommendations on the implementation of the CDIP mandate and the Coordination Mechanisms to the General Assembly in 2014.”

    WIPO and the MDGs

    During the week the committee examined a document on the measurement of the UN Millennium Development Goals (MDGs) in other UN agencies and the contribution of WIPO to the MDGs. Some developing countries argued that the document did not include specific indicators to measure WIPO’s contribution to the MDGs and emitted doubts on the choice of agencies by the secretariat in the document.

    They regretted the absence in the list of UN specialised agencies (like WIPO) such as the UN Development Programme (UNDP), UNICEF or the UN Conference on Trade and Development (UNCTAD), and noted that the World Trade Organization, which was included in the list, is not a UN agency.

    The African Group also said that the methodology employed for the comparison, which relied on publicly available information and documents from the respective agencies’ website, was contestable. Some key information is not publicly available, the delegate said, and organisations should be contacted for additional information.

    Other criticism came from the fact that the evaluation was based on WIPO Results Based Management (RBM) and as such was a self-assessment.

    The committee decided to expand the survey to include person-to-person contacts with staff at the agencies surveyed, and extend agencies to cover some additional UN organisations and programmes. The revised document should be presented at the 14th session of the CDIP.

    Future Work, Loaded Agenda

    The secretariat presented a list of proposed items on the agenda of the next session of the CDIP, and said the secretariat would seek the guidance of the committee chair on time allocation and agenda items.

    On the menu for the 13th session are the discussion on the terms of reference of the independent review, an international conference on IP and development, the external review of WIPO technical assistance, the 2013 WIPO General Assembly decision on CDIP matters, and the report by the director general on the implementation of the Development Agenda.

    Also to be discussed a number of evaluation reports, between four and six, as some projects are nearing completion, discussion on a new project submitted by Egypt on IP and tourism, and further work on patent-related flexibilities in the multilateral legal framework.

    The secretariat was requested at the 11th session of the CDIP last May to undertake work on two flexibilities: the scope of the exclusion from patentability of plants, and flexibilities in respect of the patentability, or exclusion from patentability, of software-related inventions. A document will be presented on those two flexibilities at the next session, the secretariat said.

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

     

    Comments

    1. South-South Cooperation Rising; WIPO Pushed To Persevere In Its Efforts | Intellectual Property Watch says:

      […] The second annual WIPO Conference on South-South Cooperation on Intellectual Property and Development was held on 22 November, after the 12th session of the Committee on Development and Intellectual Property (CDIP) (IPW, WIPO, 22 November). […]


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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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