Gurry Off The Hook, Investigation Ends, WIPO Says

The member governments of the UN World Intellectual Property Organization, after considering a confidential UN investigation report on whistleblower charges against WIPO Director General Francis Gurry, have decided to end the case without discipline, WIPO has said. Instead, members are working to bolster whistleblower protections, internal oversight, and procurement procedures at the agency for the future.

The members’ action after spending the whole day in a closed session, appears to close a case that dates back almost a decade but rose to the level of an investigation two years ago after allegations were formally leveled by senior WIPO staff that Gurry had been involved in several matters that violated UN or WIPO rules, or even criminal law.

The UN investigation in fact found that Gurry was guilty of intervening in the procurement process to steer a contract to a fellow Australian contractor that cost WIPO an extra $30,000 despite the contractor having scored slightly lower in the agency procurement scoring process, according to a redacted copy of the report seen by Intellectual Property Watch.

But Gurry’s response in the report that he felt the action was in the best interest of the organisation, and the fact that the report could not find reason to believe that Gurry profited from the action, may have led members to their decision.

The report’s finding was inconclusive on a second charge that Gurry was behind the illicit taking of some workers’ DNA in order to determine the source of threatening letters he received. Investigators did not rule it out but lacked sufficient evidence to declare it so.

A variety of other complaints have swirled around WIPO in recent years, and it not clear what impact this decision will have on any other matters but it seems to put to rest two longstanding issues.

According to WIPO sources, numerous member states took the floor in the closed-door meeting to state their desire to end the investigation. Some members raised some concerns, the sources said, but apparently joined the decision to close the case. More IP-Watch reporting will follow.

The focus will turn to crafting better whistleblower protections, procurement policy, and procedure for handling investigations and allegations against top officials in the future. Members continued informal meetings this evening on changes to the WIPO Oversight Charter proposed by the member-state Internal Advisory Oversight Committee (IAOC).

The members’ action came days after attorneys for the fired WIPO Staff Council president issued a letter calling for Gurry to be removed. Sources indicated concern for countries and individuals who opposed or questioned Gurry during the investigation, as it unclear what protection there will be against retaliation (direct or more subtle).

While the investigation may be now closed, for WIPO to get a fresh start and truly enter a new phase of rebuilding its reputation and becoming a positive environment for work, the trail of past whistleblowers and others who have been affected by the WIPO leadership in the past years will have to be reckoned with, and protections for these workers must be instituted, sources said. Many of them sacrificed their careers. The sources added that for these people – a long line of respected IP professionals – there has been no indication of personal gain in their actions other than a wish to make the world’s IP agency a better place.

And that is probably a view the director general himself could agree with.

The jubilant WIPO press release follows below:

Member States Unanimously Decide to Close Investigation Cases Against WIPO Director General Francis Gurry
Geneva, October 7, 2016
PR/2016/796

WIPO’s Coordination Committee, the governing body responsible for staff matters, agreed on October 7, 2016, to end their discussions on the UN’s Office of Internal Oversight Services (OIOS) investigation into allegations against the Director General.

The Coordination Committee reaffirmed the decision taken at their September 12, 2016 Extraordinary Session with respect to the decisions and recommendations of the Chairs of WIPO’s General Assembly and Coordination Committee, who were charged with managing this process.  In their final report, the two Chairs had decided to close with no further action all investigations regarding alleged misconduct.

Member states agreed unanimously to move forward in a constructive and positive spirit with the ongoing work at WIPO to review and strengthen internal procedures relating to procurement, internal oversight, and whistle-blower policy.

Director General Francis Gurry welcomed the decision by the Coordination Committee and the renewed confidence reposed in him by WIPO’s member states.

 

Image Credits: Catherine Saez