WIPO Development And IP Committee This Week: Agenda Includes Flexibilities, Tech Transfer, SDGs, Studies

Following a session in May hailed as the most positive in years, the World Intellectual Property Organization Committee on Development and Intellectual Property reconvenes this week. Among items to be discussed are a revised proposal by the African Group to convene a biennial international conference on IP and development, how to deal with the United Nations Sustainable Development Goals, and recommendations of an independent review of the implementation of the 2007 WIPO Development Agenda Recommendations.

The 20th session of the Committee on Development and Intellectual Property (CDIP) is taking place from 27 November to 1 December. The committee is asked to consider a number of documents, including reports by the WIPO secretariat on how the UN agency disseminates information on specific flexibilities in international IP law, and on the promotion of awareness of WIPO activities in the area of technology transfer.

The draft CDIP agenda is here [pdf].

International Biennial Conference

The African Group submitted a revised version of its proposal [pdf] for the convening of a biennial international conference on IP and development.

Following the organisation of a first international conference on IP and development (IPW, WIPO, 8 April 2016), the African Group suggested that such a conference should be organised every two years. The proposal has not gained support in the CDIP, with some countries disagreeing, such as those in the European Union, and the United States.

According to the revised proposal, the international conference would be organised every two years for an initial period of six years, starting from the 2018/2019 biennium. The conference is envisioned being held at WIPO headquarters or in another country proposed by member states, and would be held over two or three days, the documents states.

The main objectives of the conference would be to brief member states on recent developments in IP and development, and enable participants to discuss the relevance of IP to social, economic and cultural development, according to the document.

The African Group suggests that the conference in the 2018/2019 budget cycle be focused on “how to benefit from the system,” and be organised in the first half of 2019 at a venue chosen by member states.

Flexibilities, Technology Transfer

A meeting document [pdf] details measures undertaken by the WIPO secretariat to disseminate information contained in the WIPO database of flexibilities.

Established in June 2013, the Database on Flexibilities in the IP system, was updated in 2015 and currently holds 1,371 provisions from 202 jurisdictions, the document says.

Measures undertaken by the secretariat to ensure better dissemination of the content of the database include placing a link to the database on the WIPO Development Agenda page, and migrating the database to a new platform with better search capabilities. As a consequence, according to the document, from September 2016 to August 2017, the page views increased significantly.

An annex to the document gives examples of activities where the content of the database was disseminated, such as the World Trade Organization National Seminar on Trade in Chile, social media promotion (Twitter), and “Jornadas Expo Ingenio” convened by the Mexican Institute of Industrial Property.

The CDIP asked the WIPO secretariat in November 2016 to promote the usage of the web forum established under a project on IP and technology transfer. The web forum is set to receive feedback from project users as well as sharing potentially useful experiences on the topics of technology transfer, open collaborative innovation and capacity building, according to the web forum webpage.

A meeting document [pdf] provides a roadmap on promoting such usage, with possible actions such as carrying out an assessment of the target audience, developing a content strategy based on the assessment and user experience review. Such strategy could address issues such as effective form (including language, tone, and social norms) and map out required roles and workflows, the document says.

Also following a request from November 2016, the WIPO secretariat provided an overview [pdf] of the means by which awareness of WIPO activities and resources in the area of technology transfer is being promoted.

According to the document, activities related to technology transfer are available through a dedicated webpage. Examples of activities given in the document include services and resources made available by WIPO during the WIPO Academy summer schools, and activities of the Patent Law Division.

Technology transfer is also supported “by a range of partnerships between WIPO and other United Nations organizations, intergovernmental organizations, and non-governmental organizations,” and by numerous WIPO publications, the document says.

A supporting meeting document [pdf] contains a compilation of international fora and conferences outside of WIPO where tech transfer is currently being discussed, and an overview of the role WIPO plays in those international fora and conferences.

Following a request by the CDIP in May, the WIPO secretariat prepared a compilation [pdf] of technology exchange and licensing platforms, including challenges facing in particular developing countries and least-developed countries.

The compilation addresses national, regional, and international platforms, and for national platforms includes IP Australia, the China International Technology Transfer Center (CITTC), the Open Innovation Platform in Cuba, the FreeTech Forum and Technology Database of the Council of Scientific and Industrial Research (CSIR) in India, the Japan Science and Technology Agency (JST) Technology Transfer Program, and the Swiss Technology Transfer Association (swiTT).

National platforms include the Enterprise Europe Network (EEN), the Sustainable Agricultural Technologies in South and Southeast Asia (SATNET Asia), and the international platforms include the Global Innovation Exchange, which was initially developed with the cooperation of over 100 international organisations, according to the document.

Among the challenges faced by developing countries and LDCs in the use of technology exchanges and licensing platforms, the document mentions lack of adequate human resources to define technology needs and identify appropriate technologies to meet these needs, lack of reliable infrastructure in particular in terms of internet connectivity, the cost of internet access, and poor quality grid-based electricity.

Progress Reports, Studies on IP in Colombia, Latin America

Delegates will be considering progress reports [pdf] on several Development Agenda projects, including: IP, Tourism and Culture: supporting development objectives and promoting cultural heritage in Egypt and other developing countries; a project on the use of information in the public domain for economic development; and cooperation on development and IP rights education and professional training with judicial training institutions in developing and least-developed countries.

Also for consideration of member states is a follow-up [pdf] on a pilot project on IP and design management for business development in developing and least-developed countries. Argentina and Morocco were selected as beneficiary countries, and provided with technical assistance to selected companies from late 2014 to December 2016.

The summary [pdf] of a study [pdf in Spanish] on the use of intellectual property in Colombia shows that the use of IP in Colombia has increased during the period 2000-2016, in particular patents, utility models, industrial designs, trademarks, copyright and plant varieties.

According to the summary, more than 90 percent of patent applications originate from non-residents, mostly from the United States, Germany, Switzerland, Sweden, and France, however, 92 percent of utility model applications originate from residents.

Utility models, sometime referred to as “petty patents” or “innovation patents”, require less stringent conditions or patentability, have shorter terms of protection, and their registration process is faster and much cheaper than patents, according to WIPO. They are considered particularly suited for small and medium-sized enterprises that make “minor” improvements to, and adaptations of, existing products, it says.

The study also found that two-thirds of industrial design applications come from foreign residents, mainly from the US, Japan, France, Brazil, and the Netherlands, while 60 percent of trademark applications are mostly domestic, according to the summary.

The summary [pdf] of a study [pdf in English] on the use of the IP system in Central America and the Dominican Republic shows that foreigners have been the main users of patents seeking protection in the region (95 percent), in particular from the US, while inventors from the region have made little use of the patent system, preferring utility models.

The study was undertaken in collaboration with Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama, and the Dominican Republic.

SDGs, Independent Review Recommendations

Also on the agenda are discussions on the way to address the UN Sustainable Development Goals in CDIP sessions, including the request for establishing a permanent agenda item.

Still for discussion this week is the implementation of the recommendations of the Independent Review [pdf] of the Implementation of the Development Agenda (DARs) Recommendations (DARs). At the last session of the CDIP, eight recommendations were approved out of the 12 recommendations of the Independent Review, and discussions were postponed to the next session on two recommendations (IPW, WIPO, 20 May 2017).

Those two recommendations were Recommendation 5 (WIPO should consider linking DARs to Expected Results contained in the Program and Budget, wherever it is possible); and 11 (A mechanism should be put in place to report on the agreed recommendations contained in the evaluation reports and on the mainstreamed outcomes of the DA projects).

Update to Roster of WIPO Consultants

Following a request by the CDIP in November 2016, the WIPO secretariat provided an update [pdf] to its roster of consultants database. The WIPO RoC Database includes information and data on consultants and experts hired by WIPO to “undertake specific intellectual property technical assistance activities,” according to the update document, which specifies that the consultants are not based at WIPO headquarters or any of the WIPO external offices.

According to the update document, during 2015-2016, WIPO hired a total number of 783 consultants representing all geographical regions.

 

Image Credits: Catherine Saez