WIPO Members Discuss New Methodology For Development Agenda

Member governments of the World Intellectual Property Organization are trying this week to agree on implementation of a new development dimension for the UN body and the global intellectual property system. And they have a new methodology proposed by the WIPO secretariat as a starting point.

The WIPO Committee on Development and Intellectual Property meets from 27 April to 1 May.

The secretariat recently held two informal information sessions for members on the proposed approach to implementing some of the 45 recommendations for a Development Agenda approved by WIPO members in 2007, according to participants.

The proposed new approach would group a number of previously agreed recommendations under “proposed thematic projects,” including: IP and the public domain (recommendations 16, 20); IP and competition (7, 23, 32); IP, ICTs [information and communications technology] and the digital divide (19, 24, 27); technology transfer (19, 25, 26, 28); and patent information (19, 30, 31).

The 45 recommendations are available here.

Those all would be addressed this week, and in the next and fourth session, they could address: impact assessment of WIPO development activities (33, 38, 41); IP and economic and social development (34, 35, 37); open collaborative projects (36); and IP and brain drain (39).

WIPO said in its presentation, obtained by Intellectual Property Watch, that the principles contained in recommendations 1, 3, 4, 6, 12-18, 21, 22, 40, 42, 44, and 45 “apply to all recommendations and to all relevant WIPO programme activities.” Discussion of principles could prove somewhat difficult given their broader focus.

The secretariat proposal suggested that 13 recommendations could be implemented through regular WIPO activities. Projects were proposed to be included into the WIPO Program and Budget process for 2010-2011.

The recommendations worked on previously and which have approved activities or work programmes include numbers 1-11. Several more have been discussed but not yet approved. It might be possible for governments to bring up other recommendations under the proposed themes.

The secretariat prepared the new methodology after hearing concerns from members that recommendations might overlap, did not contain sufficiently detailed financial information, and were moving too slowly.

A number of developing countries are being careful in their acceptance of the new approach, although they view it as “practical” and “intelligent,” a developing country official said. The chair’s summary from the last CDIP did not contain any reference to the new methodology, the official said.

A fear of Development Agenda proponents is that some of the specifics of the recommendations may be lost in the new groupings.

Another potentially complicated discussion expected later in the week will be on “coordination mechanisms and reporting modalities.” This involves creating a mechanism for coordination between WIPO committees to implement the agenda and monitor performance.

Some questions also have arisen over the costs estimated by the secretariat, such as for personnel. Some of these questions may be put off to the WIPO Program and Budget Committee, a developed-country source said.

WIPO’s presentation puts non-personnel resources for the five thematic projects at CHF3.99 million Swiss francs, and personnel resources at CHF2.82 million.

Developed countries appear to be generally accepting of the new methodology at the outset, sources said. “It’s just a means for us to be better organised,” said one source.

It also is being viewed by some as an attempt to speed up work on the recommendations. Last year, members worked on the basis of 19 “immediate” recommendations that did not require any additional human or financial resources, but these were not fully implemented. The newly proposed themes cut across the 19 and the remaining 26, according to the secretariat presentation. A developed country member said that technically work could begin next week on any projects agreed this week.

The process within WIPO is handled by the Development Agenda Coordination Division.

For this week’s meeting, Korea submitted a proposal under the cluster of technical assistance (A) to hold a conference this year of non-governmental organisations on fair trade in relation to intellectual property and brands, and then select regions and products, develop IP strategies and report on it.

Korea’s second proposal, under the technology transfer, information and communications technology and knowledge access cluster (C ), is to consider use of “appropriate technology” – which draws on locally appropriate materials and ideas – in relation to IP. This would include creation of a consultancy group.

Japan put forward a proposal to include information on “Web-based Experience Sharing on Successful Cases of Linking Intellectual Property and Business.”

Also prepared for the meeting under recommendation 6 is a list of consultants used by WIPO on development matters between 2005 and 2008. It names a wide variety of businesspeople, academics and lawyers. Its publication is a sign of greater transparency at WIPO.