WIPO Development Committee Finds Compromise On Future Work

The World Intellectual Property Organization committee on development last week agreed on a work programme which appears to be the best compromise to keep discussing subjects that developing countries consider as having major importance, such as how WIPO integrates development in its work, how the organisation implements the United Nations Sustainable Development Goals, and how WIPO delivers technical assistance to developing countries. They will also continue working on a project and a proposal related to technology transfer.

The 18^th session of the Committee on Development and Intellectual Property (CDIP) took place from 31 October – 4 November.

The summary [pdf] by CDIP Chair Amb. Luis Enrique Chávez Basagoitia of Peru, which was adopted on the evening of 4 November, shows that on a number of issues, delegates managed to agree on how to proceed. This 18^th session also generated substantial work for the secretariat for the next session of the committee.

Last week’s session of the committee considered a report on the recommendations of an Independent Review of the Development Agenda Recommendations. On this, they found a solution for the committee to continue improving the way WIPO delivers technical assistance to developing countries beyond a 2011 External Review of WIPO Technical Assistance in the Area of Cooperation for Development.

WIPO is expected to provide a report on the recommendations of the independent review (IPW, WIPO, 4 November 2016), and, closing the external review, start work anew on technical assistance provided to developing countries based on a six-point proposals originally submitted by Spain (IPW, WIPO, 4 November 2016).

A project on technical assistance was also considered. One from South Africa on Intellectual Property Management and Transfer of Technology: Promoting the Effective Use of Intellectual Property in Developing Countries.  and a joint proposal from Australia, Canada, and the United States on activities to be undertaken as a follow-up to the CDIP project on Intellectual Property and Technology Transfer: Common Challenges – Building Solutions.

Discussions on the South African proposed project will be continued at the next session of the CDIP, after the WIPO secretariat provides an updated version of the project with modifications provided by South Africa.

The CDIP agreed to go forward with all but one of the six items of the joint proposal. These were: item 1 (WIPO to review and update the existing WIPO technology transfer webpage), item 2 (WIPO to provide a roadmap on how it will continue to promote awareness of existing WIPO resources in the area of tech transfer to policymakers, practitioners, and research institutes), item 3 (WIPO to continue engaging in international fora and conferences on tech transfer), item 4 (WIPO to promote the usage of the web forum established under the project on IP and tech transfer).

Item 6 (member states to submit proposals for discussion based on concrete, and practical projects delivering tangible outcomes) was amended to include a sentence saying that the results should not preclude the provision of similar projects for different beneficiaries.

Item 5 did not meet agreement. It proposed that WIPO investigate taking up a market-based approach to facilitate innovation and commercialisation by providing a means for public sector patent holders to signal their licensing intent and promote their key areas of technology within a single platform. Item 5 is expected to be further discussed at the next session.

Some countries, such as the members of the Africa Group, had expressed reservations on this last item during the week because of the market-based approach.

No Outcome of Discussions on Two Carryover Issues

For some years two issues have been unresolved at the CDIP. The first is the unmet request by developing countries that the CDIP agenda has a standing item on IP and development. This has been resisted by developed countries.

The other issue is also a request by a number of developing countries that all WIPO committees report to the General Assembly on their development activities. As of today, all WIPO committees meet this obligation, except for the Committee on WIPO Standards, and the Program and Budget Committee. This request has also been resisted by a number of developed countries.

Last week, the CDIP however, for lack of time and readily consensus, kept the discussion open for the next session. A document [pdf] annexed to the summary by the chair of the 17^th session compiles views on both issues.

For the next session of the CDIP the chair is expected to provide a new document containing the proposals contained in this annex, as well as an alternative chairman’s text based on those proposals to serve as a basis for future discussions.

Agreement on Future Work of CDIP

The committee agreed on 4 November on a list of subjects that will be expected to be tackled. This is in addition to the expected documents and actions decided upon on the issues mentioned above.

In particular, an African Group proposal to convene a conference on IP and development on a biennial basis is expected to be discussed at the next session.

The proposal by Brazil to add a permanent committee agenda item on WIPO’s work in relation to the UN Sustainable Development Goals (SDGs) is also expected to be discussed.

In a closing statement, the Brazilian delegate remarked on the support for this proposal by the African Group, the Asia and Pacific Group, the Group of Latin American and Caribbean countries, and China, as well as individual delegations.

“This underscores the widespread understanding that the implementation of the SDGs as agreed by the heads of states of every WIPO Member State deserves continuous, comprehensive, and, well, sustainable efforts of the global community.”

The African Group in closing remarked on the fact that the SDGs are universal common goals, which will be discussed until 2030 and which do deserve a specific agenda item within the CDIP.

WIPO is requested by the CDIP to provide an annual report on its implementation on the SDGs.

The CDIP also requested WIPO to provide an annual report on the dissemination of the information contained in WIPO’s database of flexibilities, which are patent-related flexibilities of the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

An evaluation report of the Pilot Project on Intellectual Property and Design Management for Business Development in Developing and Least-Developed Countries is expected to be submitted by the WIPO secretariat at the next session.