IP-Watch: U.S. Holds Out On Extension Of High-Level Meeting On Development Agenda

-------- Original Message --------
Subject: [A2k] IP-Watch: U.S. Holds Out On Extension Of
High-Level Meeting On DevelopmentAgenda
Date: Fri, 30 Sep 2005 17:42:13 +0200
From: Thiru Balasubramaniam <[email protected]>
To: [email protected], [email protected]


http://www.ip-watch.org/weblog/index.php?p=93&print=1&res=1024_ff&print=1


      U.S. Holds Out On Extension Of High-Level Meeting On
Development
      Agenda



by William New @ 4:25 pm

After a week of meetings at the World Intellectual Property
Organisation General Assembly, the United States is possibly
alone in firmly objecting to the continuation of a high-level
meeting on a proposal for a WIPO development agenda.

The proposal for cross-cutting reform of WIPO toward developing
country concerns was first introduced at the General Assemblies
in October 2004 by Argentina and Brazil, who were joined by 12
other so-called Friends of Development. The proposal was
elaborated upon during the year and would effect profound changes
to WIPO’s structure and operation including greater transparency
in policy-making and budget-setting, an office to evaluate the
development impact of WIPO activities, and changing it to better
resemble other U.N. bodies.

The 2004 General Assembly mandated that an Intersessional
Intergovernmental Meeting (IIM) address the issue, which it did
in three meetings of three days each in April, June and July
(finalized in September). During those meetings other proposals
arose from the African Group, 11 Arab countries led by Bahrain,
Mexico, the United Kingdom, and the United States.

But the debate at the General Assembly is not on the substance of
proposals but rather over how to continue to discussing the
issues. The Friends of Development have proposed three more
sessions of the IIM in 2006, an idea that has the support of the
vast majority of WIPO members.

The United States appears to be isolated in its insistence that
the IIM process must be discontinued and the development agenda
be moved to the WIPO Permanent Committee on Cooperation for
Development Related to Intellectual Property (PCIPD). Japan has
also supported this proposal, but Japanese officials could not be
found at presstime to confirm whether their position has become
flexible.

Under the PCIPD proposal, credited to the United Kingdom, the
committee would be “reinvigorated” for the purpose. The United
Kingdom assumed the presidency of the European Union on 1 July,
and the EU at the July IIM backed the call for the continuation
of the IIM process, but it has since shown flexibility on the
forum for discussions. The EU proposal included the suggestion
that the continuation of the IIM process use funds allocated for
the PCIPD.

Developing countries have resisted the PCIPD proposal out of
concern that it would marginalise the development agenda, which
they argue cuts across core areas at WIPO.

The United States argued in a floor statement Thursday that WIPO
has not ignored development concerns and that intellectual
property does not hinder development. The IIM meetings have not
provided a forum for an in-depth examination of all proposals,
and that no consensus has emerged on any of the proposals put
forward in the IIM, the U.S. delegate said.

The U.S. further said it supports a “frank exchange of views” and
work to respond to developing country needs, but that the IIM
process “was a compromise, time-limited, and reached the end of
its mandate at the end of July 2005.” The time has come for a
permanent forum to discuss the issues, and the PCIPD would be the
best as it could be easily converted, it said.

“Despite our belief that WIPO is not, and should not become, a
core development body, we do support WIPO improving its efforts,
within its core competencies to bring the benefits of IP to all
of its member states,” the U.S. delegate said, adding that this
could be added to the PCIPD mandate.

Some in the hallways at WIPO’s headquarters this week have said
there is a negotiating link between the three remaining key
unresolved issues in the General Assembly: the development
agenda, a diplomatic conference on a broadcasters’ rights treaty
and continued discussion at WIPO of patent harmonisation. All
three issues are now subject to informal consultations in private
meetings. The General Assembly runs from 26 September to 5
October.

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and translation.//William New, the author of this post, may be
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