WIPO Committee Agrees To Focus Work To Improve WIPO Technical Assistance

Delegates at the World Intellectual Property Organization committee on development today agreed on how the committee should continue work on improving WIPO technical assistance to developing countries. For the next six sessions, delegates will work on a proposal for forums and secretariat reports with the aim of raising the accountability and effectiveness of WIPO technical assistance.

The 18th session of the WIPO Committee on Development and Intellectual Property (CDIP) is meeting from 31 October to 4 November.

The CDIP agreed today on continuing work on technical assistance delivered by WIPO. In 2011, an External Review [pdf] of WIPO Technical Assistance in the Area of Cooperation for Development was published with a long set of recommendations. The CDIP has been discussing since then how to address those recommendations (IPW, WIPO, 18 April 2016).

At issue is the nature of the technical assistance delivered by WIPO to developing countries. In several WIPO committees and in particular in the CDIP, developing countries have voiced concern that WIPO technical assistance might favour the strict application of IP rights and not raise awareness about flexibilities available to developing and least-developed countries.

The WIPO secretariat said a number of recommendations in the external review had already been implemented. The remaining recommendations were a point of contention among member states.

Spain in April 2015 tabled an initial proposal to break the stalemate. After significant discussion, a revised version fleshing out the actions to be taken was agreed to be taken forward today. A copy of the latest version of the proposal was annexed to the summary by the chair [pdf] of the 17^th session of the CDIP.

Although there was agreement in principle on continuing discussion on the proposal by Spain, developed countries have insisted that there be agreement that the external review be considered closed (IPW, WIPO, 18 April 2016).

The decision [pdf] agreed today states that the sub-agenda item on the external review is now closed. A new sub-agenda item will be created on “WIPO technical assistance in the Area of Cooperation for Development focused on the Spanish Proposal,… for the next six coming sessions of the CDIP.”

“At the end of this period, the CDIP will discuss the final implementation of the revised Spanish Proposal…,” the decision said.

Spanish Proposal Latest Version: 6 Points

The latest text of the Spanish proposal, upon which discussions will be based, is reprinted below:

“1. WIPO Secretariat will compile its existing practices, tools and methodologies for providing technical assistance.

Additionally, WIPO should provide a regular forum for member states to share their experiences, tools and methodologies regarding technical assistance and capacity building, in particular:

1. A one day seminar should be organized on the margins of CDIP 19, and
2. A web forum for sharing ideas, practices and experiences should be established by WIPO. The web forum may be best integrated into existing web platforms previously established by WIPO
3. WIPO Secretariat should continue improving internal coordination within the organization, collaboration with UN Agencies and Programs and other relevant international organizations, as well as cooperation with national and regional IP offices on issues related to technical assistance, capacity building and development oriented cooperation Secretariat will identify new proposals to that effect and report back to CDIP.
4. WIPO Secretariat should assess the existing tools and methodologies for measuring the impact, effectiveness and efficiency of technical assistance activities at various levels and, in this process, strive to identify areas for possible improvement. The information learned in this process should be used to develop future and follow up technical assistance activities and to address any deficiencies. WIPO should monitor and evaluate the longer term results of WIPO technical assistance activities, particularly those aimed at improving beneficiaries’ institutional capacity.

In order to provide quality technical assistance, WIPO should consider following an established balanced peer review procedure for studies commissioned by WIPO that are used in technical assistance.

4. Ask the Secretariat to present a document containing WIPO’s existing practices relating to the selection of consultants for technical assistance. This will be for information purposes.
5. Ask Secretariat to regularly update and, if possible, upgrade the online roster of experts and consultants for technical assistance.
6. Ask Secretariat to reflect and to report on possible improvements of WIPO’s webpage section devoted to communicating WIPO’s activities on technical assistance.”