Ip-related Technical Co-operation, Assistance And Capacity Building: The Peruvian Experience
To date, there has been no qualitative or quantitative assessment of Peru’s experience with IP-related technical co-operation, assistance and capacity building in Peru (in the area of patents, trademark and copyright). As such, there is little existing analysis to draw on in terms of the relevance and/or impact of this technical cooperation or on how it emerges and is implemented.
Most of the IP-related technical assistance and co-operation that has taken place in Peru has been a response to the need to adapt national IP policies and legislation to international standards established in international IP agreements and, in particular, the WTO’s Agreement on Trade Related Aspects of Intellectual Property Agreement (TRIPS).
In the medium term, it is likely that the international commitments of Andean countries—such as Peru—will further evolve as countries negotiate and elaborate Free Trade Agreements scenario with the United States (e.g., Colombia, Ecuador and Peru) which may increase existing levels of IP protection. According to some experts interviewed for this study, the implementation of such agreements is leading to an increasing disconnection between the development needs of the country and how IP tools and instruments (and the existing institutional framework) may appropriately respond. This is particularly (but not exclusively) the case in the area of patents.
Even though the Medium Term Plan for WIPO Program Activities – Vision and Strategic Direction of WIPO (2003) reflects what conceptually most experts would agree to (this is, IP responding to specific national needs), reality seems to show a growing gap between the strengthening of IP tools and standards and the possibilities of these of actually enhancing technological and intellectual development in general.
The reaction by developed countries (especially the United States) to the Development Agenda for WIPO proposal (WO/GA/31/11) (September/October, 2004) provides a clear illustration of the divergence between the perceptions and views of industrialised countries with respect to IP, on the one hand, and how developing countries perceive IP and its role in promoting development (including technical cooperation) on the other.
This background note provides a very general overview of some IP technical co-operation issues relevant to Peru, and also to the broader international (and regional) context in which IP policymaking takes place.