Women And IP As Topic To Be Pursued At WIPO Committee On Development And IP

In the wake of the annual intellectual property day this year focusing on women, the World Intellectual Property Organization Committee on Development and IP this week agreed to discuss women and IP at its next session, as the first topic under a new agenda. The committee also agreed to a new project on the role of women in innovation. In other areas, more discussions are foreseen on whether regular international conferences on IP and development can be approved, and on recommendations by an independent expert group on the implementation of the WIPO Development Agenda.

The 21^st session of the WIPO Committee on Development and Intellectual Property (CDIP) took place from 14-18 May. Among the presentations during the week, Mexico showed a video of women that highlighted high achievers in areas related to IP. The video is available here.

First Programme for Long Awaited New Item

After years of discussions, the WIPO General Assembly last autumn agreed on the addition of a new item on IP and Development on the CDIP agenda. Member states were asked about what should be considered under that agenda item, and four of them sent their suggestions, compiled in a document [pdf] by the WIPO secretariat. Suggestions were put forward by Group B developed countries, Mexico, Brazil and Russia.

A number of delegations taking the floor expressed interest in many of the suggestions put forward. Brazil proposed a possible merging of suggestions, and after the merging, outstanding suggestions be lined up in a pipeline so none is left out.

After a number of informal consultations, the CDIP agreed on the two first subjects to be addressed under the new agenda item: Women and intellectual property, to be discussed at the next (22^nd) session of the CDIP, and IP and development in the digital environment at the following session of the committee. The committee said future topics should be based on those already suggested, or new submissions.

International Conference on IP and Development

No agreement could be found this week on the organisation of an international biennial conference on the topic of IP and development, proposed by the African Group. Morocco this week explained the rationale of the conferences, the first of those to be titled, “How to benefit from the system,” and be held either in Geneva or in another country.

The African Group was supported by the other major developing regions such as Indonesia for the Asia and Pacific Group and Ecuador on behalf of the Group of Latin American and Caribbean countries (GRULAC).

Some developed countries, such as members of Group B developed countries indicated they would not agree to a conference held outside of the CDIP, and to more than to one conference at a time.

SDGs, No Standing Agenda Item

In October 2016, Brazil proposed [pdf] that a standing item on the United Nations Sustainable Development Goals (SDGs) for the year 2030 be added to the CDIP agenda. This was opposed by some developed countries in the past as well as this week. It was agreed that discussions relating to SDGs in the CDIP would be undertaken under the new agenda item IP and development.

Delegates could not agree on the standing agenda item this week, although Brazil advocated again for a standing agenda item, explaining that the issue of SDGs and the WIPO Development Agenda should remain two distinct topics. The standing agenda item was supported by the Group of Latin American and Caribbean countries, as well as Pakistan, and Indonesia.

This week the CDIP discussed the WIPO report on its contribution to the implementation of the United Nations Sustainable Development Goals (SDGs).

WIPO clarified in its report that intellectual property did not find direct mention in the SDGs with the exception of paragraph 3.b of Goal 3 that mentions IP rights regarding flexibilities to protect public health. However, science, technology, innovation and related partnerships featured prominently as a means to achieve the SDGs and were under WIPO’s mandate.

According to the report, WIPO expected to be asked to provide legislative and policy assistance for countries to implement their SDG goals, in particular in the context of legislative changes in their local public policies that are in line with their commitments under related treaties. However, the report stated that WIPO has received no request so far.

There has been general dissent between member states on which SDG WIPO is expected to focus. According to some countries, such as the European Union members, WIPO should primarily focus on SDG 9 (Build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation ), and SDG17 (Strengthen the means of implementation and revitalize the global partnership for sustainable development) .

Other countries think that the SDGs are indivisible and that a UN agency cannot pick and choose, such as Indonesia on behalf of the Asia and Pacific Group, and Morocco on behalf of the African Group, which reiterated their position this week, as well as countries such as the Group of Latin American and Caribbean countries, plus Iran, Pakistan, and Nigeria.

Technical Assistance, Further Work Next Session

After a request from some delegations, the CDIP decided that those interested should submit to WIPO a list of indicators to assess the activities contained in the document prepared by the secretariat “Gap Analysis [pdf] of WIPO’s Existing Technology Transfer Services and Activities in Respect of the WIPO Development Agenda “Cluster C” Recommendations”.

Cluster C of the WIPO Development Agenda (DA) relates to Technology Transfer, Information and Communication Technologies (ICT) and Access to Knowledge.

The CDIP discussed the potential establishment of a forum on technical assistance and decided to convene at the next session an interactive dialogue on technical assistance, and requested WIPO to provide a document on the feasibility of the establishment of the forum.

Recommendations on Implementation of DA, Two Pending

All but two of the recommendations of an independent group of experts on the implementation of the WIPO DA recommendations made in 2016 were adopted by the CDIP during an earlier session. This week did not allow for agreement on the two recommendations still pending. Discussions are expected to continue at the next session of the CDIP.

Members were asked to provide inputs on how those recommendations should be implemented. The CDIP this week considered a Compilation [pdf] of Member State Inputs on the Modalities and Implementation Strategies of the Adopted Recommendations of the Independent Review. Switzerland on behalf of Group B, Mexico, and Peru, provided inputs.

The CDIP decided that discussion should continue on the inputs provided at the next session and called for interested delegations to submit additional inputs before 18 September.

The two pending recommendations: Recommendation 5, suggesting that WIPO considers linking Development Agenda Recommendations (DARs) to expected results contained in the Program and Budget; and Recommendation 11, calling for a mechanism to be set up to report on the agreed recommendations contained in the evaluation reports and on the mainstreamed outcomes of the Development Agenda projects. The CDIP is set to continue discussing recommendations 5 and 11 at the next session.

Projects Proposals to be Revisited, One Approved

Several project proposals were discussed during the week (IPW, WIPO, 17 May 2018), as well as existing projects.

A revised project proposal [pdf] by Canada, Mexico, and the United States on increasing the role of women in innovation and entrepreneurship was adopted by the CDIP this week. The project aims at encouraging women in developing countries to use the IP system.

Kenya had tabled a project proposal [pdf] for enhancing the use of IP in the software sector in African countries. The CDIP asked Kenya to consult with other countries and with the secretariat to elaborate the proposal further for the next session of the committee.

Another project proposal [pdf] was tabled by Peru on IP, tourism and gastronomy in Peru. The CDIP requested Peru to revisit its proposal with the support of the WIPO secretariat so it can be considered again at its next session.

The CDIP considered a feasibility study [pdf] on enhancing the collection of economic data on the audiovisual sector in a number of African countries. This study was prepared in the context of the Project [pdf] on strengthening and development of the audiovisual sector in Burkina Faso and Certain African Countries (phase II). The CDIP decided that the WIPO secretariat would explore the need and feasibility of further related work in the future.

In the context of the project on IP, tourism and culture: supporting development objectives and promoting cultural heritage in Egypt and other developing countries, the CDIP examined a study [pdf] on IP and a mechanism for strengthening provincial identity within the framework of the Imbabura Geopark Project. The committee took note of the study and “the progress achieved” under the project, and is expected to consider its evaluation report in a coming session of the CDIP.

Report on WIPO Implementation of DA Recommendations

A report [pdf] from the WIPO secretariat on implementation of the 2007 WIPO Development Agenda provided for this session included two parts: One highlighting the implementation and mainstreaming of the Development Agenda (DA) into WIPO’s regular programme activities and the second part describing key developments in the implementation of the ongoing DA development projects.

Among mostly positive remarks, Brazil remarked that the DG’s report “falls short of its potential,” and added that many of the “flaws contained in the previous ones, underscored by many member states, including this delegation, have not been properly addressed.”

According to the delegate, the DG’s report “should not conflate DA recommendations with SDGs. Although there are some interfaces between both topics, they are different initiatives and, therefore, should be treat separately.”

The Brazilian delegate commented on the structure of the report, which could be improved, he said, by listing all of the DA recommendations and informing all WIPO’s activities undertaken for each of them, but only in the reporting year (IPW, WIPO, 20 May 2018).

WIPO Deputy Director General Mario Matus said the secretariat took note of the remarks. Brazil, at the close of the meeting asked that a mention be added to the summary by the chair to reflect that intervention. The United States opposed the language proposed by Brazil with direct reference to their intervention. The language retained was that delegations made suggestions to improve the report, which will be considered by the secretariat.

Adithi Koushik contributed to this report.

 

Image Credits: Mexican Institute of Industrial Property (IMPI)