WIPO Development Committee To Hear Report On Implementation, Discuss Patent Flexibilities

Member governments will discuss the development dimension of the World Intellectual Property Organization next week, looking in particular at how the United Nations organisation is implementing the recommendations of its Development Agenda in its activities.

WIPO Director General Francis Gurry is expected to deliver a report on the matter. Separately, the flexibility to apply criminal sanctions in patent enforcement is on the agenda, as well as longstanding issues such as the external review of WIPO technical assistance.

The fifteenth session of the WIPO Committee on Development and Intellectual Property (CDIP) will take place from 20-24 April.

The draft agenda [pdf] includes the Director General’s Report [pdf] on the implementation of the 2007 WIPO Development Agenda. The report outlines key highlights in the implementation and mainstreaming of the Development Agenda into WIPO’s regular programme activities and its various bodies. An annex to the report lays out an overview of the status of the implementation of the 45 Development Agenda recommendations. The report also includes a list of completed and evaluated projects and key recommendations made by external evaluators.

Several project evaluations are expected to be presented to the member states, such as: an Evaluation Report [pdf] for the Project on Open Collaborative Projects and IP-Based Models, as well as an Evaluation Report [pdf] for the Project on Strengthening the Capacity of National IP Governmental and Stakeholder Institutions to Manage, Monitor and Promote Creative Industries, and to Enhance the Performance and Network of Copyright Collective Management Organizations. The CDIP is invited to take note of both documents.

Patent-Related Flexibilities

Also on the agenda is a document [pdf] prepared by the Secretariat on two patent-related flexibilities: the flexibility to apply or not, criminal sanctions in patent enforcement, and measures related to security which might result in a limitation of patent rights (so-called security exception).

The document “Patent-Related Flexibilities in the Multilateral Legal Framework and their Legislative Implementation at the National and Regional Levels – Part IV” also includes an annex [pdf] listing national provisions of law on criminal sanctions for patent infringement, and on national security exceptions.

Some 60 countries seem not to have any provision of law on criminal sanctions for patent infringement, according to the document. This includes developed countries, such as Australia, Canada, New Zealand, United Kingdom and the United States.

It also includes emerging economies such as China, India, and South Africa. A sample of the remaining countries in that list includes: Benin, Bolivia, Bulgaria, Chile, Côte d’Ivoire, El Salvador, Ethiopia, Greece, Honduras, Ireland, Luxembourg, Malaysia, Mali, Nigeria, Pakistan, Paraguay, Saudi Arabia, Singapore, Turkey and Uganda.

On the other hand, some least-developed countries, which benefit from a World Trade Organization waiver allowing them not to enforce intellectual property rights until 2021, are equipped with legislation on criminal sanctions for patent infringement. This includes Angola, Bhutan, Cambodia, Djibouti, Gambia, Lesotho, Liberia, Mozambique, and Nepal.

The CDIP is invited to take note of the document and its annexes.

Tech Transfer, Pharma Patents, Tourism

Member states are also expected to approve a report [pdf] on the WIPO Expert Forum on International Technology Transfer held in Geneva from 16-18 February, as part of the Development Agenda Project on Intellectual Property and Technology Transfer (IPW, WIPO, 5 March 2015).

Also on the agenda is a study [pdf] on pharmaceutical patents in Chile. The study was conducted under the project on IP and socio-economic development. The CDIP is invited to take note of the document.

Member states are further expected to continue discussion on a proposed project [pdf] entitled, Intellectual Property, Tourism and Culture: Supporting Development Objectives and Protecting Cultural Heritage in Egypt and other Developing Countries.

At the last meeting of the CDIP, in November, no agreement could be reached on the project proposed by Egypt and first tabled in May 2014 (IPW, WIPO, 15 November 2014). One of the reasons for disagreement was that some developed countries took the position that they could not approve the project because it proposed work on traditional knowledge and traditional cultural expressions. They argued that this issue ought to be dealt with in the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore.

A revised version of the proposed project was circulated on the last day of the November meeting, and supported by a number of developing countries, but could not meet agreement as some developed country delegates needed to consult their capital.

The document tabled at this session of the CDIP is a newly revised project by Egypt, which took into consideration the comments received by member states, according to the document. It was not clear at press time what revisions were made.

Longstanding Issues

The draft CDIP agenda also contains longstanding issues, such as the 2011 External Review [pdf] of WIPO Technical Assistance in the Area of Cooperation for Development. On this matter, views are divergent on the level of achievement by WIPO in implementing the recommendations provided in the review. Some developed countries say that the feasible recommendations of the reviews have been successfully implemented by WIPO.

Developing countries are in favour of further work on the possible implementation of additional remaining recommendations. In May 2012, the African Group and the Development Agenda Group tabled a joint proposal [pdf] to that effect.

Also pushed to this session of the CDIP is the discussion on which WIPO bodies should be part of the WIPO Coordination Mechanism and reporting to the annual General Assembly on their implementation of the Development Agenda Recommendations.

The WIPO Coordination Mechanisms and Monitoring, Assessing and Reporting Modalities coordinates the implementation of the Development Agenda within WIPO.

The discussion is based on a 2013 WIPO General Assembly decision [pdf] requesting that the CDIP discuss the reporting modalities of the Coordination Mechanism of the Development Agenda. The decision reaffirmed that “all WIPO Committees stand on equal footing and report to the General Assemblies.”

Currently, the WIPO Program and Budget Committee (PBC) and the Committee on WIPO Standards (CWS) do not report on their implementation of the Development Agenda Recommendations.

 

Image Credits: Flickr – WIPO