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[DMCA-Activists] WIPO Dev Agenda Blogs: Day 2
From: |
Seth Johnson |
Subject: |
[DMCA-Activists] WIPO Dev Agenda Blogs: Day 2 |
Date: |
Mon, 18 Apr 2005 07:01:29 -0400 |
Two blogs on last week's developments, plus the South-North
Development Monitor's report.
Seth
> http://www.eff.org/deeplinks/archives/003511.php#003511
> http://www.fsfe.org/Members/gerloff/blog
> http://lists.essential.org/pipermail/a2k/2005-April/000229.html
---
> http://www.eff.org/deeplinks/archives/003511.php#003511
Blogging WIPO's Development Agenda Meeting - Day 2
April 14, 2005
For 30 years, the World Intellectual Property Organization (WIPO) has worked
primarily to expand the scope of intellectual property protection around the
globe. Whether it's bringing patents to countries where previously there were
none, or expanding the entitlements of copyright holders in developed
countries, WIPO has always started from the premise that more IP is always
better for everyone.
That's changing. Countries around the world -- even across the "north-south"
divide of developed and developing nations -- are becoming wary of
over-protecting intellectual works. Everything from free speech and open source
software to the availablity of essential medicines is impacted by runaway legal
regimes, and the world is taking notice.
At WIPO, the most concrete expression of this concern has come from a
14-country coalition called the "Group of Friends of Development" (GFoD), which
submitted a fantastic proposal at the Development Agenda meetings on the need
for IP policy that fosters the economic and social development of countries,
not just the development of IP regimes
(http://www.cptech.org/ip/wipo/fod-iim.doc). The proposal states:
"While intellectual property protection may in particular circumstances
promote creativity and innovation, it is neither the only way nor necessarily
the most efficient or appropriate means for doing so at all times and in all
sectors of the economy. Similarly, it is highly questionable that upward
harmonization of intellectual property laws, leading to more stringent
standards of protection in all countries, irrespective of their levels of
development, should be pursued as an end in itself. WIPO must, as a matter of
course, examine and address all features of existing intellectual property
rights, including the economic and social costs that IP protection may impose
on developing and least developed countries, as well as on consumers of
knowledge and technology in both the North and the South."
Below the jump are the running notes from Day 2 of the Development Agenda
meetings (see Day 1 notes here). Stay tuned -- we'll have more on how these
concepts are being received when the last of the "civil society" groups speak
and the official meeting proceedings are published.
=-=-=-=-=-
12 April, 2005
Notes by:
Thiru Balasubramaniam, thiru at cptech.org, Consumer Project on Technology
[TB]
Gwen Hinze, gwen at eff.org, Electronic Frontier Foundation [GH]
Ren Bucholz, ren at eff.org, Electronic Frontier Foundation [RB]
[NOTE: This is not an official transcript. Any errors and ommissions are
regretted.]
-=-=-=-=-
Copyright-Only Dedication (based on United States law)
The person or persons who have associated their work with this document (the
"Dedicator") hereby dedicate the entire copyright in the work of authorship
identified below (the "Work") to the public domain.
Dedicator makes this dedication for the benefit of the public at large and to
the detriment of Dedicator's heirs and successors. Dedicator intends this
dedication to be an overt act of relinquishment in perpetuity of all present
and future rights under copyright law, whether vested or contingent, in the
Work. Dedicator understands that such relinquishment of all rights includes the
relinquishment of all rights to enforce (by lawsuit or otherwise) those
copyrights in the Work.
Dedicator recognizes that, once placed in the public domain, the Work may be
freely reproduced, distributed, transmitted, used, modified, built upon, or
otherwise exploited by anyone for any purpose, commercial or non-commercial,
and in any way, including by methods that have not yet been invented or
conceived.
-=-=-=-=-
* Niger:
Niger: After independence, many developing countries introduced pro-development
policies. IMF, World Bank policies, etc. WIPO has provided considerable
technical assistance to developing countries. It has raised public
consciousness on IP. Research initiatives in universities and SMEs. Despite
WIPO's involvement, the contribution of IP in these countries is small. In
particular:
- involvement of WIPO is piecemeal
- also, never taken into account
- lack of resources allocated by countries
- absence of any IPR development policy at all
What, then, can we expect WIPO to play in this context:
- coordinating activities & cooperation
- working with other UN agencies on development?
* Islamic Republic of Iran:
WIPO shouldn't be limited to promoting IP, but instead view A2K [access to
knowledge] as a vital piece of WIPO's responsibility. WIPO should encourage a
balanced approach to IP. This organization should be more development-oriented.
Iran appreciates WIPO's technical assistance and seminars. However, such
contributions should be more in harmony with the requirements of the int'l
development community. WIPO should incorporate development issues in all
committees.
* Jordan:
WIPO has helped many LDCs, especially Arab countries, protect & promote IP.
We hope that any extension of WIPO's work would be thoroughly interrogated to
see how it would work, how it might be financed, and how it would work with
other UN initiatives.
The establishment of a database will help LDCs find sources of assistance.
We would like to praise the development agenda of this organization
characterized by different approaches. We approve of WIPO's work with NGOs and
public interest groups.
* Peru:
We would like to thank Jamaica for its intervention on behalf of GRULAC and we
associate ourself with its statement.
And also thank Brazil & Argentina for their comprehensive contribution.
Peru co-sponsored the proposal for a development agenda last year because we
see IP not as a goal in itself, but as a way to improve society.
In this report the Sec General compared development to human rights. Curiously,
there was no mention of IP in this report. There is mention of access to
medicines and making use of new technologies.
How do we make WIPO's goals compatible with our more important goals of
development and fostering innovation?
Recently, the National IP office of Peru published a document that contains a
list of IP interests in the Peruvian context (commissioned for the FTA
proceeding). It was apparent that the breadth of Peru's IP-affected industries
demands a more nuanced approach to IP and development.
The importance of this session and upcoming sessions is that we must see how
WIPO can help countries with national IP systems that go well beyond just
protecting IP; in fact, this could even be subordinate to development goals.
How do we make IP serve development goals as elaborated in the GFoD proposal?
We welcome NGOs and civil society groups in this meeting. We would like to give
IP a different focus.
* Colombia:
This proceeding shouldn't take away from WIPO's inter-governmental role...
In our view, WIPO and its member states have helped a great deal with IP and
development. However, the needs of LDCs continue to grow, and we need to create
new models of tech transfer, innovation, and absorption.
The indiscrimnate way that the proposals treat IP obscures the differing
strengths of each country in regard to these issues. LDCs goods compete in an
unbalanced way with the products of developed countries.
* Australia:
There is no need to create a new forum for these development issues. Instead,
we need to examine the long-term goals of WIPO, and ensure that WIPO's remains
relevant to member countries' needs.
We endorses partnership program; we have our such work in the Pacific Rim &
Asia. We encourage harmonization & prioritization of goals.
* India:
Congratulations to the GFoD for introducing and elaborating on the development
agenda. In particular, we support the creation of a research & review office.
Development in WIPO terms means an increase in capacity to protect IP. This is
very different from our view, and our proposal fixes this misconception.
Proposal fixes this after TRIPS was forced on developing countries in 1994. IP
is a legal monopoly, but extracting value for the innovator isn't only goal.
Monopoly rights are a special incentive that needs to be carefully callibrated
by each country.
In bilateral agreements, the power impalance and TRIPS forces LDCs to fold. No
longer are developing countries willing to play this role and have this forced
on them. The case for strong IP in developing countries is without economic
basis. Instead, these monopolies are rent-seeking arrangements.
IP law enforcement is embedded in all legal systems in LDCs -- it is improper
and misguided to imagine that IP-enforcement will trump prosecution of other
crimes. Therefore technical assistance is something that should be
de-prioritized in favor of impact analysis.
WIPO should not limit itself to the blind expansion of IP protections.
Expanding its mission scope will revitalize WIPO.
* Romania:
We favor an assessment of WIPO's current initiatives for development. We
support proposals of monitoring impacts of technical assistance in LDCs.
Promoting wider participation by NGOs/IGOs is a valuable idea that deserves to
be implemented. Would like to give a more institutional power to the permanent
committee.
Focus on GFoD: The burden should be on members to propose solutions. However,
resources are scanty.
* Spain:
Spain is actively committed to working with WIPO so we can have an effective
mechanism for building a development agenda. In this regard, have set up a fund
to help iber-american dev. activities. Would also like to set up a stable
framework for bilateral agreements.
* Mozambique:
As an LDC, we would like to voice our support for the GFoD. We would like to
see more consolidation of existing WIPO efforts.
+_+_+_+
COFFEE BREAK
+_+_+_+
* Venezuela:
WIPO should maintain a more balanced position, so the norms established take
into account the relationships between countries (social, economic, etc.).
Priority should be given to the ability of people to benefit from the
scientific progress of IP. Helping small to medium companies and encouraging
developing nations to foster tech transfer. We want to move the development
dimension to a central pillar of WIPO's work. This is the purpose of the GFoD.
* Russian Federation:
We wish the chair luck in a difficult situation, particularly with the large
number of views being expressed. We shouldn't forget how these recommendations
affect the IP system and WIPO in particular. We believe that WIPO is working
successfully, particularly with regard to the development of systems in ind.
countries.
The work at WIPO should be broadened, but should respect the monetary
limitations of WIPO. With regard to other entities, we should be wary of
creating new bodies to work in development space. Instead, should work on
existing entities.
* Sudan:
Differences in education, development & technology lead to a challenging task
for this body. We want to reiterate that the US proposal is promising.
* USA:
We align ourselves with the proposal of Italy & group. We are concerned by the
GFoD; strong & balanced IP helps facilitate development & tech transfer. In
regard to GFoD, we agree with Switzerland -- already do dev work.
The thought that less IP will foster development, however, is as flawed as the
notion that IP alone can do so. WIPO framework & treaties don't hinder
development or flexibility. We welcome any factual dialogue about this claim.
We would like transparency & a code of conduct. However, we believe that
stronger IP does help development.
* Norway:
* Kenya:
The justification of IP is that it promotes creativity, production of wealth,
reduction of poverty. Therein lies the need for a development agenda.
The UK statement is very welcome.
As to the US statement, the proposal of a database is promising, but we must
pay attention to the technical restrictions of countries in Africa & the
dangers of bureaucracy.
* Senegal:
On the US proposal, it should be viewed in light of the digital divide. Efforts
to close the divide should be supported.
*Sri Lanka:
* Paraguay:
We endorse GRULAC statement & thank GFoD.
* France:
We endorses Italy & Group B, Luxembourg & EU. We are interested in
strengthening existing bodies.
* Turkey:
* Japan:
We welcome US proposal; WIPO doesn't do this alone.
* El Salvador:
* Cuba:
Nations must enjoy flexibility in rights-adoption.
WIPO is the principal authority in giving technical assistance to developing
countries; it needed to broaden this perspective.
Furthermore, there is a need to assign appropriate resources for developing
countries. Haven't adjusted yet to the high costs of taking on strong IP
regimes.
Fully supports GRULAC & GFoD statements.
* Singapore:
We associate ourselves with the Asian group & ASEAN statements. Well-being of
country is dependent on IP, but that condition is not sufficient. No need to
change WIPO convention, nor to expand duties or agencies. US proposal a
positive step.
* Bahrain:
We ask the US to clarify the mechanism it calls for in its paper.
* Argentina:
We would like to refer to other proposals referred to in the meeting. They show
the commitment of good will to establish a proper development agenda at WIPO.
Three proposals have one common element -- to limit the scope of the DA to
technical assistance. Our delegation, of course, rejects this strategy. Our own
proposal is concrete, and has specific policy actions.
Our paper presents concrete ways to achieve DA goals. We encourage Member
States to make proposals based on the other elements of the Development Agenda.
On the US proposal, we observe that the premise that the partnership would be
based from the GFoD perspective, the US focuses on strengthening IPRs. We do
NOT share the views expressed in this document. Technical assistance should be
tailor-made, appropriate to development needs.
The development dimension is not exhausted in the element contained in the US
proposal.
In our view, technical assistance should be based on the real needs and
interests of Member States and should be managed and provided in a transparent,
neutral fashion. There should be an assessment mechanism such as the kind we
have proposed.
To sum up, we want greater effectiveness in the application of technical
assistance. Therefore, the tools should not be based on the tools of developed
countries, but on the needs of LDCs.
The UK proposal is based on many the recommendations of the UK IPR Commission.
The Development Agenda is not limited to technical cooperation. However, it
appears that the UK only addresses the technical cooperation aspect. The UK
backs a mandate change for WIPO to better address development needs. It also
suggests that the PCIPD should be the sole forum for the discussion of these
issues.
Patent harmonization initiatives as supported by the UK have been rejected in
the previous SCP and the WIPO General Assembly.
Re Technology transfer - consideration should be taken up in WTO. We don't
agree.
On Mexican proposal, discussion of UN MD. We deplore the fact that this is a
closed discussion. In Mexico's paper, we deplore the fact that Mexico's
approach is closed in their mention of the MDGs.
It contains two categorical statements that IP is crucial for development.
We all know that industrialized countries have adopted patent protection only
when they achieved a certain level of development.
Another paragraph attempts to minimize our proposal to GA in September. Also
attempts to minimize the purport of the resolution on that proposal.
Reference to Casablanca meetings - We don't think that this is a good example
of a meeting. This meeting was not open to all Member States.
In sub-paragraph two there is no mention of the TRIPS Agreement which imposed
obligations on developing countries.
It's not just developing countries that are affected by this -- both developed
and developing countries are affected.
Argentina doesn't see any connection between IP and providing meaningful
employment for young people - sub-paragraph 3(8)
Argentina would like to clarify that IPRs in themselves do not acheive
stability or balance. IPRs are tools to be utilized in beneficial ways.
We do not share the view that "diffusion" of IP in developing countries should
just point to benefits or opportunities. We should not just describe benefits,
but also costs. IP rights are not absolute. We need to disseminate information
about both the rights of intellectual property rightsholders and the rights of
consumers. It is important that training not just promote IP but also promote
understanding and respect of third-party rights and protection of the rights.
* Indonesia: We would like to associate ourselves with the statement of
Singapore on behalf of ASEAN. WIPO has been instrumental in developing the IP
system in Indonesia and using the PCT system.
We appreciate WIPO's technical assistance. Many things need to be done to
encourage domestic competition, technology transfer.
Important to remember that IP by itself is not sufficient for development. [...]
* Sweden:
We associate ourselves with the statement of the B Group and we fully support
the statement of Luxemborg on behalf of the EU.
As for GFoD -- Sweden shares their concerns that more dev. focus is needed.
* Brazil:
We would like to make some preliminary remarks on the proposals presented by
other countries.
The most positive aspect of the American proposals and others is that we have
the engagement of three countries. It is very good to see engagement. These
proposals will be duly examined in my capital.
However, we are pleased to see certain language in each proposal, such as the
recognition that IP is not the only way to enhance development, and that a
multi-faceted approach is needed.
The Mexico proposal states, "there is a tendency to associate corruption and
bribery as impediments to adequate IP implementation." This seems to be an
association with these.
There's the argument, "WIPO is not a core development agency like UNCTAD and
UNDP." This isn't disputed by GFoD, but rather we hoped to add greater depth of
analysis and expertise. This is a broadening of WIPO's perspective.
The US proposal argues, "the GFoD proposal will create new bodies." But what
the GFod actually says is that the development dimension should be incorporated
into *all* aspects of WIPO's work programme, including current committees. The
US proposal of partnership offices seems like only a match-making initiative
between donors and recipients.
The GFoD does not believe that the development dimension can be dealt with
solely through technical cooperation. We do not make proposals on technical
cooperation in a vacuum but rather, they exist in a wider context. This
parternership proposal recognizes the need for change. Partnership office would
be novelty within the organization, so perhaps it is at least a recognition of
the need for change within WIPO.
However, the US outsources the responsibility of funds and donors. Also, we
don't see how the database will make the general thrust of WIPO's work more
development-oriented.
The US proposal says that the development dimension should be incorporated into
norm-setting. This is something Brazil can agree upon.
As to the Mexico proposal, in beginning of that document, there is a partial
and very selective citation of development goals. In fact, the mill. agreement
is much broader, and Mexico focuses primarily on the IP-strengthening portion
of it. Argentina reminds everyone that the mill. decl. also talks about access
to medicine in LCDs.
There was no legitimacy in the Casablanca process which was referred to by the
Mexican proposal. The Casablanca process is something we would not like to
repeat.
Mexico also supports some kind of valuation system for gauging compliance with
int'l IPR standards for countries that are beneficiaries of technical
assistance. But we don't know how that would benefit development.
There is the premise in the Mexican document that developing countries don't
see the benefits of IP. Predisposition to assuming that the average person in
the developing country is an ignorant person. The goal of WIPO, in that
formulation, is to "enlighten" those countries to the benefits of IP.
Mexican proposal essentially endorses current global system -- or a less
flexible version thereof.
As to the United Kingdom proposal, it appears sympathetic to the cause of
development by relying on the recommendations of the UK IPR Commission. There
are a few elements of the proposal that might merit certain comment.
Certain flexibilites can be granted to some but not all developing countries --
aspect of graduation -- this is a cause of concern.
However, there are also positive references: the UK proposal states that IP
alone can't guarantee that a country will attain its objectives. It also states
that individual circumstances must be taken into account when setting policy.
Where the document shows shortcomings is in the solutions section. The
solutions are very narrow, and the UK basically reverts to the same kind of
proposal put forward in the US committee: reinvigorating and focusing the PCPID.
The UK document also defends patent law harmonization. This is not compatible
with the development agenda. As we have seen, the net effect is a rise in the
minimum amount of protection around the world. This is not a
development-friendly position.
On transfer of technology, UK notes that discussion of transfer of technology
and IP should be shifted to the WTO -- so far these discussions at the WTO have
not progressed further. Transfer of technology is part of the balance that
countries should strive for. This should be fully discussed within WIPO.
Coffee:
IGOs
* African Union:
NEPAD - new economic partnership for economic development
Awards for best African inventors, which has spurred dynamism for IP culture.
* Russian Patent Organization:
* UNCTAD:
First, jointly with ICSTD,
a. have been working to understand the implications of stronger IP
b. assisting countries in implementation & adoption
c. highlight flexibilities in TRIPS
Second, working on open source and bridging digital divide
Third, Oct. 2004 seminar on bridging digital divide.
Fourth, implementing mandate from Sao Paolo by examining policies that are
aimed at improving tech transfer, enforcement of IP, protecting genetic
resources, etc.
* WHO:
Resolution: time-limited body to make proposals on IP & public health,
encourage that bilats take into account the agts for public health in TRIPS
Doha declarations -- important to the goals of public health:
1. accessible & transparent info on patent status of medicines.
2. basic look at patentability of medicines
* ACP - African Caribbean & Pacific States:
Harbors majority of LDCs, & therefore welcomes GFoD proposals
As others note, it is vital to show respect for the needs, expectations &
limitations of LDCs
* League of Arab States:
Welcomes assistance from WIPO to examine existing laws and plan new ones to
expand IP in Arab states. Has strengthened its relationship with WIPO.
* European Patent Office:
Represent 30 member states, is principal patent-granting arm of EU. While dev.
has only recently been introduced into IP agenda, our own countries have
already been active here.
* Electronic information for libraries:
Theresa Hackett - libraries foster a market for information - even
entertainment goods.
Need objective impact assessments of policies on libraries.
* International Chamber of Commerce:
Small & large businesses worldwide. ICC believes that protection is a necessary
condition for development, but must be bolstered by others.
* International Federation of Pharmeceuticals Manufacturers:
Shouldn't think of this as a north-south debate - people in the south benefit
well from IP as well.
Focus on India: many Indian companies have already called for more protections.
Should focus on adjusting patent system, not reducing their protection.
* IFPI:
Reps 1,500 musical producers in 78 countries around the world. Even in small
countries.
Copyright is beneficial all over the world, for artists of every size.
* International Federation of Filmmakers Associations:
Industry comprised of small and medium companies; we rely on strong IP to
survive. We are really the friends of development.
Crisis in Argentina, film in A/V industry. Major economic crisis in 2004, 74
movies were released. Had to strengthen protections to spur protections for
creators.
Posted by Donna Wentworth at 09:10 AM
---
> http://www.fsfe.org/Members/gerloff/blog/archive/2005/04/12/tuesday_morning_rising_tensions_at_wipo_meeting_on_development_agenda
This Tuesday morning, the situation is rather tense. The extreme positions are
held by India on the side of the Friends of Development, and by the USA on the
side of those who want to avoid reform. Each side has its helpers. While India
simply expresses most clearly the views of the Friends of Development group,
the US have mobilised interesting friends such as Sudan to perpetuate their
views.
The US show themselves "concerned" with the proposal of the Friends of
Development. They accuse the group of wanting to dilute the "intellectual
property" system and WIPO's work. In their view, the strict enforcement of
patents, copyrights and trademarks is a precondition for development and growth.
India contests this view. It calls for a mainstreaming of development aspects
into WIPO's work. Being very clear in tone, the Indian statement described
"intellectual property" as a tool for development, not an end in itself. It
called the demand for stricter enforcement of patents, copyrights and trademark
regulation "unrealistic", as developing countries are grappling with far more
severe problems.
Personally, I find it cynical to demand of a developing country that it
dedicate scarce resources to the persecution of violations of eg. copyright,
while the same country does not have the means to provide its population with a
dignified standard of living (dignified not as in "DSL connections for
everyone" but rather as in "not starving or dying of easily curable diseases").
This demand - which WIPO has been obedient to so far - turns international and
national agencies, which in theory are obliged to pursue public interest, into
mere agents of the rights-holding industry's whishes.
Oh, by the way: Why am I putting "intellectual property" in quotes? Because I
agree with Richard Stallman in that the term is imprecise to the point of being
harmful. You can find Richard's reasoning right here
(http://www.gnu.org/philosophy/words-to-avoid.html#IntellectualProperty). The
distinctions he elaborates on are substantial to avoiding being labelled as
"anti-IP" by conservative groups.
---
> http://www.fsfe.org/Members/gerloff/blog/archive/2005/04/12/reading__in_case_youre_interested
Just in case you want to read more than just my getting all worked up about the
workings of international politics, there are (at least) two more blogs about
this meeting. Both are more news-style and have better background than mine.
That of IPWatch seems to be more comprehensive, while the Electronic Frontier
Foundation's blog is very thorough (http://eff.org/deeplinks). I recommend
checking out both of them. (I'd be glad to have you come back anyway.)
If you want to delve into the original texts, a list of the proposals can be
found here (http://www.wipo.int/meetings/en/details.jsp?meeting_id=7522). For
getting the hang of the topic, I suggest reading the extreme positions: The US
proposal, which has the traditional WIPO line of strict patents, copyrights and
trademarks protection
(http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=40169); and the Friends
of Development proposal, which says many things that NGOs have been saying for
years (http://www.wipo.int/edocs/mdocs/mdocs/en/iim_1/iim_1_4.pdf).
We're about to head into another exciting morning of statements by governments
and intergovernmental organisations. I'm curios how the climate will be this
morning.
---
> http://www.fsfe.org/Members/gerloff/blog/archive/2005/04/12/one_more_wipo_blog
Just heard about another blog from the Civil Society side of the WIPO meeting:
Brazilian activist Pablo Ortellando, writing for freepress.net, is keeping you
informed at www.mediatrademonitor.org.
---
> http://www.fsfe.org/Members/gerloff/blog/archive/2005/04/13/what_next_end_of_wipo_meeting
The WIPO secretariat just published the summary of a draft report for this
session. It says that member states need more time to "examine" the proposals
"indepth". This will take place on a second IIM on 2005-06-20 to 24.
Submissions by member states possible until 2005-05-30.
If the fact that another meeting is planned already means that there was no
consensus - not exactly surprising after the tense debates -, it also means
that the conservative side, namely the USA and the lobby of the rights-holding
industry, have not succeeded in pushing the issue into a subcommittee to
"disappear" it.
After haggling about expressions for a bit, the debate almost instantly reached
a boiling point when Trinidad and Tobago, who are on the progressive side,
suggested that more than one additional meeting might be needed to manage the
"transition" of WIPO. That comment prompted a sort of shock, as it referred to
a massive change in WIPO as an established fact.
Instantly, the debate reached a boiling point and was interrupted. The
representatives of the rich countries hectically huddled together:
http://www.fsfe.org/Members/gerloff/blogpics/richcountryhuddle_web.jpg (photo
of the rich country representatives huddling together in the session room)
Then, the regional coordinators disappeared into a side room to negotiate. The
degree of transparency at WIPO is indeed striking.
That the next IIM in June is to last a full five days means that members expect
that session to be no less conflictive than the present one. It also means that
the conservative side, namely the USA, have not succeeded in pushing the issue
into a subcommittee to "disappear" it.
At the moment, the Friends of Development and the United States with their
allies are confronting each other at eye level, without either backing down.
This might go on for quite a while. The Chairman is already suggesting that a
third IIM might be necessary.
The procedure for preparing a report is the usual one. The Chairman, in this
case the representative of Paraguay, has great power over what will appear in
the final report. He is an interesting figure: While obviously acceptable to
both sides of the debate, I've been told that during the beginning of his work
with WIPO, he expressed views similar to those now expressed by the Friends of
Development.
---
> http://www.fsfe.org/Members/gerloff/blog/archive/2005/04/13/wednesday_morning_at_wipo_ngo_statements
"WIPO is not about creativity. It is about protection of intellectual
property!" Thus spoke Mr Thomas Giovanetti, sent to the WIPO meeting by the
Institute for Policy Innovation, a conservative think-tank in Texas, USA
(http://www.ipi.org/). It's good to know that those opposed to reform at WIPO
care so deeply about the thing they are claiming to foster.
In keeping with good sportsmanship, I'm posting a link to their latest press
release, here. Read it if you want to see what the progressive part of Civil
Society is up against
(http://www.policynetwork.net/main/press_release.php?pr_id=51).
This is the morning of the NGOs. The session started more than an hour late, as
the regional groups of countries were working on their positions ins closed
sessions. As yesterday was a conflictive day, this took a while. At the
beginning of the session, Mexico - most likely on behalf of the United States -
harshly complained about the tone of Brazil's and Argentina's comments on its
position. The Argentinian emissary replied that she was just carrying out the
orders of her government.
After the last few statements by intergovernmental organisations, the meeting
started where it had left off yesterday: With comments by the NGOs. Mostly due
to good tactics by progressive, reform-oriented NGOs, but also with a bit of
plain old luck, the proponents of WIPO reform got to speak after the various
organisations of the rights holders, many of which already made their
statements yesterday evening - as tired delegates were out for coffee and a
chat.
The progressive NGOs had coordinated their statements well. There was an almost
uninterrupted string of about eight interventions by organisations calling for
a better taking into account of the needs of developing countries, as well as
the need to preserve - and, in many cases, give back - breathing room for
creativity.
Georg made a statement on behalf of the Free Software Foundation Europe, which
can be found here
(http://www.fsfeurope.org/projects/wipo/statement-20050413.en.html). Myself, I
had the honor to be asked to read the statement of the FFII
(http://lists.essential.org/pipermail/a2k/2005-April/000239.html). The
rights-holding industry emissary to my right reacted with grimaces and
desperate gestures to what to him must have seemed pure lunacy: The demands for
a strengthening of Free Software, and the call to see the system of patents,
copyrights and trademarks not as an end in itself, but as a tool for
development.
As Ellen Thoen of Medicins Sans Frontiers explained (http://www.msf.org/), the
issue of patents on pharmaceuticals is literally a matter of life and death for
people in developing countries. Having put forward the example of the Polio
vaccine, which was announced almost exactly 50 years ago and, handled as a
public domain idea, led to the near eradication
There was also a considerable amount of concerns expressed about the ever
stricter enforcement of regulations in developed countries. An example would be
the legal protection of Digital Restrictions Management against circumvention,
as Volker Grassmuck explained on behalf of the European Digital Rights
Initiative (http://www.edri.org/).
By the way: The real conservatives around here believe that there is a
"communist conspiracy" to take WIPO away from the rights-holding industry. It's
always good to talk to people with such subtle and articulate viewpoints.
---
-------- Original Message --------
Subject: [A2k] WIPO's Development Meeting - Day Two (April 12)
Date: Wed, 13 Apr 2005 09:45:56 -0400
From: Sasha Costanza-Chock <address@hidden>
To: address@hidden, address@hidden
[From Media Trade Monitor (www.mediatrademonitor.org)]
WIPO's development meeting started with a clear clash of positions opposing
developed countries and non-developed countries aligned with the "friends of
development" group. The proposal put forward by Brazil and Argentina and backed
by 12 other countries (Bolivia, Cuba, Dominican Republic, Ecuador, Egypt, Iran,
Kenya, Peru, Sierra Leone, South Africa, Tanzania and Venezuela) aims at a deep
reform in WIPO's structure so as to take into account public interests and the
needs of the non developed countries. The group of friends of development
proposal includes allowing for greater flexibility of patent laws, reviewing
the role and influence of right holders, allowing greater participation of
public interest groups in the organization and increasing the measures for the
transfer of technology and access to knowledge to non developed countries. This
is the first time that the needs of non developed countries and public
interests are seriously addressed in the WIPO.
In day two, developed countries, specially the US and the EU countries, have
responded to the friends of development proposal by stating that development
issues are already addressed in the WIPO by means of technical assistance
programs and the Permanent Committee on Cooperation for Development. Non
developed countries have responded to that by highlighting that technical
assistance programs are not enough and that development issues should not be
dealt in a committee but should be incorporated in the overall structure of the
organization [...]
Full text: http://www.mediatrademonitor.org/node/view/195
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-------- Original Message --------
Subject: [A2k] SUNS report on WIPO Development meeting
Date: Thu, 14 Apr 2005 13:29:55 +0800
From: "Martin Khor" <address@hidden>
To: <address@hidden>,"ip health listserver" <address@hidden>
This is a multi-part message in MIME format.
--
[ Picked text/plain from multipart/alternative ]
Please see SUNS report on WIPO development agenda meeting
Martin
------------------------------------------------------
SUNS #5780 Thursday 14 April 2005
south-north development monitor SUNS [Email Edition]
twentyfifth year 5780 thursday 14 april 2005
contents
Development: South countries elaborate on their WIPO development agenda (Martin
Khor, Geneva)
------------------------------------------------------
Development: South countries elaborate on their WIPO development agenda
Geneva, 13 Apr (Martin Khor*) -- Major developing-country proponents of a
comprehensive "Development Agenda" in the World Intellectual Property
Organisation (WIPO) further elaborated on their positions and critically
commented on alternative proposals put forward by other countries which they
said had a restrictive view of the proposed Development Agenda.
On the second day of the WIPO meeting on a Development Agenda for WIPO, being
held here on 11-13 April, Brazil and Argentina (which coordinate the 14-member
Group of Friends of Development or FOD that have submitted two papers), made
extensive comments on the proposals of the United States, United Kingdom and
Mexico.
Another highlight was a presentation by India, another major proponent of the
Development Agenda. Several other developing countries also spoke in support
of the FOD proposals. Also, several developed countries advocated a restrictive
view (limiting a development agenda to a strengthened technical assistance
programme) while a number of developing countries expressed support for the
present work of WIPO (indicating that there is no need for any significant
change).
The inter-sessional intergovernmental meeting (IIM) had been mandated by the
WIPO General Assembly last October as a result of an initiative for a
Development Agenda launched by the 14 members of the FOD. After a series of
IIMs, a report is to be submitted to the next General Assembly for
consideration of further action, if any.
India, which is not a member of the FOD, but seen by many as a major advocate
of the Development Agenda, said this is a special day for WIPO as it is the
first time that a Development Agenda had been taken up in the organization.
India had high expectations that the IIM meetings would lead to mainstreaming
the development dimension into all areas of WIPO's work and activities.
Congratulating the FOD for their two proposals, India said it fully supported
the proposals, in particular the establishment of a WIPO evaluation and
research office.
India said the issues covered in the proposals cover the most important areas
and the FOD paper is an excellent starting point for establishing a Development
Agenda, which would strengthen WIPO and ensure that its governance structure is
more inclusive, transparent, democratic and that it is truly a member-driven
organisation.
India said that much more needs to be done in WIPO to meet development
challenges. In WIPO's terminology, "development" means increasing a developing
country's capacity to provide protection to IPR owners. This is quite the
opposite of what developing countries understand when they refer to the
'development dimension.' It added that the FOD paper corrects this
misconception, that the development dimension means technical assistance.
India said that the real development imperative is ensuring that the interest
of IP owners is not secured at the expense of the users of IP, of consumers at
large and of public policy in general. The proposal therefore seeks to
incorporate into international IP law and practice what developing countries
have been demanding since the TRIPS agreement was foisted on them in 1994.
According to India, the primary rationale for IP protection is to promote
societal development by encouraging technological innovation. The legal
monopoly granted to IP owners is an exceptional departure from the general
principle of competitive markets as a guarantee to secure society's interest.
The rationale for the exception is not that monopoly profits by the innovator
is good for society, but that properly controlled, such a monopoly, by
providing incentives for innovation, might produce sufficient benefits for
society to compensate for the loss to consumers.
Monopoly rights then is a special incentive that needs to be carefully
calibrated by each country, in light if its own circumstances and taking into
account the costs and benefits of such protection.
Should the rationale for a monopoly be absent, as in the case of cross-border
rights involving developed and developing countries, the only justification for
granting a monopoly is a contractual obligation, such as TRIPS, and nothing
more, said India. In such a situation, it makes little sense for one party,
especially the weaker party, to agree to assume greater obligations than he is
contractually bound to accept.
This is what developed countries have sought to do so far in the context of
WIPO, said India, adding: "The message of the Development Agenda is clear: no
longer are developing countries prepared to accept this approach, or
continuation of the status quo."
Even in developed countries, where monopoly profits of IP holders are recycled
within the economy, there is debate on equity and fairness of such protection
and questions about its claimed social benefit, said India.
"Given the huge North-South asymmetry, absence of mandatory cross-border
resource transfers or welfare payment, and absence of domestic recycling of
monopoly profits of foreign IP rights holders, the case for strong IP
protection in developing countries is without any economic basis.
Harmonisation of IP laws across countries with asymmetric distribution of IP
assets is clearly intended to serve the interest of rent seekers in developed
countries rather than that of the public in developing countries."
Neither IP protection nor harmonization of IP laws leading to higher protection
standards in all countries can be an end in itself. For developing countries
to benefit from providing IP protection to developed countries' IP holders,
there should be obligations by developed countries to transfer technology to
developing countries. Absent an obligation to transfer technology, asymmetric
IP rent flows would be a permanent feature and benefits of IP protection would
forever elude consumers in developing countries.
India said the FOD proposal had pointed out that technology transfer should be
a basic objective of the global IP system and WIPO has the responsibility of
taking measures for this as part of the development agenda.
It added that technical assistance (TA) should be directed towards impact
assessment and enabling developing counties to use the space within IP
treaties. The current emphasis of TA on implementation and enforcement issues
is misplaced. It is unrealistic and undesirable that the enforcement of IP laws
will be privileged over enforcement of other laws in the country. Therefore,
WIPO's current focus in TA on enforcement should shift to other areas such as
development impact assessment.
India said the developed countries and WIPO should acknowledge that IP
protection is a policy instrument that needs to be used carefully in developing
countries. While the claimed benefits of strong IP are a matter of debate, it
entails substantial real and immediate costs for developing countries. Each
country needs flexibility so that the cost of IP protection does not outweigh
the benefits. WIPO should recognize this and formulate its work programme
accordingly and not limit its activities to the blind promotion of increasingly
higher levels of IP protection.
WIPO as a UN agency can make a major impact by incorporating the development
dimension into its mission in letter and spirit so that it is reflected in all
its instruments. This would revitalize WIPO as an organization sensitive to
integrating developing countries' concerns in all areas of its work, concluded
India.
Other developing countries speaking in support of the Development Agenda and
broadly of the FOD proposal included Kenya, Trinidad and Tobago, Venezuela and
Morocco.
Trinidad and Tobago said in recent years it had realized that a properly
staffed IP office will not automatically guarantee that IP will succeed in
encouraging technology transfer and serve as a general tool of economic
transformation. It associated itself with many aspects of the FOD proposal,
although it had reservations on a few specifics.
Kenya said, in support of the FOD proposal, that the initiative for
establishment of the Development Agenda is long overdue. Of significance to
Kenya is the protection of traditional knowledge and genetic resources, access
to medicines, and expansion of national policy space and flexibility. The core
of the Development Agenda is to ensure an inbuilt enhancing of national policy
space, embodying the public interest. The need to treat countries with
different economic levels differently is paramount.
Also supporting the FOD proposal, Venezuela said developed countries should
undertake obligations to ensure that the companies who have protected IP carry
out technology transfer. IP should be at the service of development and not be
an end in itself. Development had to become a "fundamental pillar" of WIPO.
The development dimension is not only about TA.
Some developing countries including Singapore and Sudan supported the present
work of WIPO, implying that change was not needed. Singapore said the
development dimension has always been part of WIPO's work. It did not see the
need to change the WIPO Convention or integrate new procedures or bodies. It
was open to suggestions for a development impact assessment of WIPO activities.
It also saw merit in the US proposal.
Sudan said it valued a WIPO development programme to develop IP culture and
raise standards in countries. The WIPO programs are not imposed but made on
request. It did not support setting up other instruments and bodies under the
Development Agenda.
Argentina noted that the other 3 proposals (from the US, UK and Mexico) share
one specific feature - the intention to limit the Development Agenda (DA) to a
single element, i.e. technical cooperation. As a proponent of the DA,
Argentina did not share this view, which is very limited. It requested the
countries that only focused on TA to also make proposals on the many other
aspects of the FOD paper.
Argentina said that after the current meeting, it would like substantive work
to be done based on the FOD proposal. The other proposals could contribute but
could in no way replace the FOD proposal.
On the US proposal, Argentina said that it was based on strengthening IP
protection, and it did not share the views of the paper. The development
dimension is not adequately covered in the US paper, which focused only on
technical assistance based on the use of IPs in developing countries. It also
criticized the paper's limited approach to TA.
Argentina said the UK proposal had merit in that it was not limited to TA and
contained some good points arising from the UK-organised Independent Commission
on IPRs. However, the UK was only ready to seek solutions through TA and thus
distances itself from the FOD solutions. Although the UK endorses the
Commission's view that the WIPO mandate should be changed, the UK indicates
that it is uncertain if the mandate should change.
Argentina added that the UK paper recognizes the weaknesses in WIPO's TA but
only suggests that discussions be placed in WIPO's Permanent Committee on
Cooperation for Development (PCIPD). It said the UK paper also dealt with
harmonization of patent laws, which reiterated the trilateral position that is
detrimental to developing countries. The patent treaty proposed is aimed at
increasing protection levels and this is detrimental to national flexibilities
and concerns. This proposal had been rejected twice last year at the patents
committee and General Assembly. Argentina also did not agree with the UK point
that technology transfer is not in the purview of WIPO.
On the Mexico proposal, Argentina said it deplored the paper's closed approach.
It said the paper stated that IP is essential to development of humanity but
many industrial countries had adopted patent protection quite recently and only
after establishing their industrial base.
Referring to Mexico's positive reference to the Casablanca meeting (convened in
February by the WIPO Director General), Argentina said that meeting is not the
best example of how WIPO meetings should be held, as it did not have
participation of all members. The meeting did not take up developing
countries' issues but instead dealt with developed countries' issues in
accordance with their needs in the patent treaty being negotiated. Not all
countries were invited. It is incorrect to refer to such meetings which should
not be held in future.
Argentina also criticised other aspects of the Mexican paper, including an
assessment of levels of compliance of rules. Argentina concluded that IP is
only a tool that can be beneficial depending on the use made of it. It thus
did not agree with the dissemination of IP which only pointed to its benefit,
as their costs should also be discussed.
Brazil welcomed the other proposals as it showed the countries' willingness to
engage.
Referring to the US paper, Brazil agreed that WIPO is not a development agency
like UNDP and the FOD only aims at making WIPO cognizant of development issues
and broaden its perspective in a fashion that contributes to development.
While the US is concerned about the creation of new bodies, the FOD does not
propose new bodies but advocates that development should be in all existing
bodies and all discussions. The US paper understands that development is the
most daunting challenge, which Brazil agreed with, but to meet this challenge,
changes are needed in the IP system and to accommodate differences in
development levels and contexts.
Brazil said the US's partnership proposal seems aimed at matchmaking donors and
applicants for TA. The FOD also touches on TA but the development dimension
cannot be dealt with only through TA. The FOD did not make suggestions on TA
in a vacuum but in a wider context that includes changes in other areas.
It added that the rationale of the US proposal leads to a solution that runs
counter to the FOD proposals, as it would out-source WIPO's function and submit
TA to greater influence of rights holders who have most resources to fund TA on
that basis. It did not see how this could make TA more neutral and development
friendly.
On the Mexican proposal, Brazil also criticised its reference to the Casablanca
meeting whose conclusions were not supported by Brazil. Countries in the FOD
and others had also questioned the legitimacy of the Casablanca meeting, said
Brazil. "This is not a basis to resume negotiations in WIPO. The way that
meeting was conducted is an example of how we do not want meetings to be
conducted anymore".
Brazil viewed with concern the Mexican position that WIPO's TA activities
should include looking at the level of compliance and enforcement of rules by
beneficiary countries. This would raise standards and make life more difficult
for developing countries, which require flexibilities. Brazil also took issue
with the Mexican paper's reference to surcharge on patents on traditional
knowledge, that developing countries don't see the benefits of IP, as the
average person in developing countries is unaware and should be educated.
Brazil said the Mexican paper can agree to a development initiative only as
long as there is no interference with the existing framework of the
international IP system. This seems to be a defense of the status quo and that
is not what we intend to achieve. The Development Agenda would like to change
the status quo and strengthen WIPO in a new direction, said Brazil. In
contrast, the Mexico proposal defends the global IP system as it exists or even
a less flexible version of this system as WIPO would be given a role to monitor
countries' compliance and making compliance a condition for TA.
On the UK paper, Brazil said it shows an effort to sympathise with development
concerns and makes welcome use of the IPR Commission report, including
statements such as that individual countries' circumstances have to be taken
into account. However, while the analysis is solidly backed up, the solutions
are narrow and Brazil was frustrated by that. The UK reverts to the same
solution as the US, with all the problems to be taken up by the WIPO committee
on development cooperation.
Brazil also took issue with the UK advocacy for global harmonization of IP
standards, as it believed the harmonization process in WIPO will lead to higher
standards and will reduce existing flexibilities that are still there. This is
not a development-friendly position. On the UK proposal that technology
transfer not be dealt with by WIPO but instead by the WTO working group on
technology transfer, Brazil said that group's work had not progressed very much
and WIPO should take up this issue.
Several developed countries (including the US, Japan, Australia, France) spoke,
all supporting the position of Group B (comprising developed countries). The
US said the FOD proposal was of concern as it implies that WIPO has disregarded
development concerns and that strong IP protection is detrimental to global
development goals. It disagreed, saying the experiences of many developing
countries represented attest that IP has facilitated their development.
The US said the thought that weakening IP will further development appears to
be as flawed as the idea that IP alone can bring about development. WIPO
treaties include flexibilities, the greatest being that the treaties are not
mandatory. The US is interested to learn what lack of flexibilities exist in
WIPO treaties or how they limit policy space or hinder development and welcomed
a factual dialogue on this point.
The US asserted that WIPO has made and should continue to make its most
important contribution to development precisely by deepening and expanding,
rather than by diluting, its IP expertise.
Japan welcomed the US proposal on a database as it would enable an entire
picture to be built. It would be useful to listen to developing countries'
evaluation of WIPO activities. It also endorsed the UK paper's suggestion to
proceed with harmonization of patent laws in a small package.
Norway, while supporting the Group B position, took a more nuanced stance.
Norway said the proposals are of great importance and a good basis, the MDGs
are important for WIPO's broader work and it was happy to see a demand-driven
approach. There is room for better performance by WIPO and in order to make
informed choices on proper implementation of IP, assessments should be
undertaken. Sweden said different levels of development should be taken into
account in WIPO's norm setting activities. It welcomed the US, UK and Mexican
proposals.
Turkey said the proposals were useful, especially that of the FOD, although it
was vague in some parts. It suggested forming a working group to study the
issue in detail.
Statements were also presented by international agencies (including the WHO and
UNCTAD) and intergovernmental organizations (including the ACP Group and the
African Union).
The meeting continued on Wednesday, with statements presented by NGOs and
industry groups. A discussion on future work is scheduled to take place
Wednesday afternoon. A draft of the Chairman's summary of the meeting was
being discussed informally by member states. It is expected to be adopted late
Wednesday afternoon.
(* With inputs from Sangeeta Shashikant.)
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