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  • Inside Views

    Contribute your views! Submit an Inside Views idea on any relevant topic to info [at] ip-watch [dot] ch, or leave a comment within any piece such as below.

    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.

    The Relationship Between IP, Technology Transfer, and Development

    An analysis of practices and policies involving intellectual property, technology transfer and development shows the difficulties of achieving a positive correlation between those areas, writes Cheikh Kane.


    Rapport entre propriété intellectuelle, transfert de technologie et développement

    Une analyse des pratiques et des politiques impliquant la propriété intellectuelle, le transfert de technologie et le développement démontre la difficulté à parvenir à une corrélation positive entre les différents domaines, écrit Cheikh Kane.


    Intellectual Property Watch
    11 April 2005

    Nations Clash On Future Of WIPO Development Agenda

    Developed and developing countries faced off Monday over whether and how the U.N. World Intellectual Property Organisation’s mission should be transformed to better address the needs of developing countries.

    The basis for the three-day discussion ending Wednesday at the Geneva-based WIPO is a developing country proposal to change WIPO into a more typical U.N. organisation by raising the profile of development concerns throughout its mission.

    The United States, the United Kingdom and others say there is no need for a new body within WIPO, but acknowledge that improvements could be made to the existing system such as through better technical assistance to developing countries. The United States argued for the creation of a partnership database to improve developing country capacity to benefit from intellectual property, and said the issue should be placed into the existing Permanent Committee on Cooperation for Development Related to Intellectual Property (PCIPD).

    “We don’t believe the U.N. needs another development agency,” said the lead U.S. delegate. “We do not support setting up new bodies.” He cited the U.N. Development Programme and the U.N. Conference on Trade and Development as the key UN agencies with specific development mandates.

    The developing country proposal specifically argues against development issues being limited to technical assistance and placed solely under the PCIPD.

    The United States also argued that WIPO should focus on intellectual property protection, a point countered by several countries such as Egypt that want a broader focus.

    The U.S. delegate issued a potential threat to WIPO if it adopts a stronger development focus. “We support WIPO. We would not want to change WIPO in a direction that would diminish that support,” he said.

    The meeting Monday focused on procedural issues and proposals put forward in recent weeks by several governments. At a February consultation on patent harmonisation with mostly like-minded WIPO members held by Director-General Kamil Idris, participants were encouraged to submit proposals for this week’s meeting, and three of them did: Mexico, the United Kingdom and the United States. The U.K. and Mexican proposals generally argue for the status quo with improvements.

    For this week’s meeting, the so-called Friends of Development (fourteen developing country co-sponsors of the original development agenda proposal last fall), submitted an elaboration of their previous proposal.

    Guilherme de Aguiar Patriota, the lead Brazilian delegate, characterized the proposal as an opportunity for a “substantive discussion” on intellectual property and development. He urged that the discussion focus widely and not be limited to technical assistance, but said the proposal was written in “modular fashion” so that decisions could be taken on a step-by-step basis.

    He and others urged that development issues be considered in the setting of norms and standards for intellectual property. “Obviously the time has come to rectify the current situation,” the delegate from Argentina said.

    Singapore, speaking on behalf of the Asian countries, welcomed the Friends of Development proposal and said that intellectual property protection is “not one size fits all.” The Asian Group statement called for balance, respect for national policies, as well as to take into account the impact of policies on users of intellectual property. But a statement also read by Singapore on behalf of the smaller Association of Southeast Asian Nations did not specifically back the Friends of Development proposal. It did, however, “welcome incorporating the development dimension into all aspects of WIPO.”

    The so-called Group B of developed countries, represented by Italy, said development issues are not new for WIPO, but called for an “urgent stocktaking” of WIPO’s activities to see if developing country needs are being met and whether there could be better coordination with other agencies.

    The regional group for Latin America and the Caribbean, represented by Jamaica, agreed that discussions should not be limited to technical assistance. The African countries, represented by Morocco, reiterated their support from last fall for the Development Agenda proposal.

    During the day, India and Pakistan separately suggested that a negotiating text be prepared.

    This meeting, an “inter-sessional intergovernmental meeting,” was agreed to by the WIPO General Assembly in October 2004. Other similar meetings may follow in the time before a July deadline to issue a report for consideration by next September’s General Assembly, diplomatic sources said.

    The first day began with a debate over whether the meeting chair, which is Paraguay, had the right to determine the future of the development issue based on the meeting. Argentina and Brazil, who launched the original Development Agenda proposal, argued that the chair was limited to a non-binding summary of the meeting. They were joined by a number of developing countries who said the normal practice for WIPO meetings is for governments to discuss and adopt a draft report of the meeting prepared by the secretariat. Brazil reiterated the proposal to add an agenda item to this effect unless there was specific opposition from other governments. When no public argument was offered, the chair affirmed that the agenda would be amended as proposed. A government official said that the topic was, however, reconsidered in a closed meeting later in the day.

    Another key difference that arose during the day is whether development issues should be moved to the PCIPD, which meets on Thursday and Friday of this week. The United States and Group B favour the move while some developing countries have vowed to resist it out of concern that development cut across all aspects of WIPO activities and not be relegated to one committee. The U.S. view was that if the PCIPD is not sufficient, then it should be improved.

    Another procedural matter at the meeting was the announcement at the outset that seventeen “ad hoc” (not formally recognized by WIPO) non-governmental organisations would be allowed to attend the meeting after all. But the United States said the groups and their representatives should be carefully scrutinized before being allowed to attend any future meetings.

    Categories: WIPO

     


    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.