Bridges Weekly Trade News Digest • Volume 8 • Number 29 • 8th September 2004
Argentina And Brazil Propose ‘Development Agenda’ For WIPO
Over the last week, Argentina, Brazil and Bolivia informally circulated a proposal to establish a "development agenda" at the World Intellectual Property Organisation (WIPO). The proposal, to be officially presented at the upcoming thirty-first session of the WIPO General Assembly at the end of the month, is expected to be controversial. Some developing country trade observers have characterised it as "groundbreaking," and as an important step in the rethinking of the role of developing countries in WIPO, since it is the first proposition of its kind at the organisation. The proposal criticises the general nature of WIPO, arguing that it is time for the institution to integrate the UN-wide development agenda, including the commitments set out in the Millennium Development Goals, in its mandate. It also touches on the basic principles and structure of WIPO, and questions the role WIPO has played in promoting development. While the Doha Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and Public Health has been a milestone for one aspect of intellectual property, the proponents consider it to be time to turn attention to what arguably is one of the most important institutions in setting future intellectual property (IP) policy.
Specific issues of concern
Apart from the challenge of incorporating a development perspective in WIPO, the proposal highlights certain specific areas of concern. These include a proposition for the establishment of a new subsidiary body in WIPO that would look at measures within the IP system that could be undertaken to ensure an effective transfer of technology to developing countries, mirroring parallel bodies in the UN Conference on Trade and Development (UNCTAD) and the WTO. Further concerns are related to negotiations surrounding the Substantive Patent Law Treaty (SPLT), with the proposal arguing that so far the treaty has failed to incorporate the interest and proposals of developing countries. In this sense, the proposal discusses the difficulty developing countries will have in implementing more stringent IP standards contained in such a treaty. As a result, Argentina, Brazil and Bolivia argue that public interest flexibilities and policy spaces in member countries should be preserved, and that the SPLT and other treaties in WIPO should include the contents of Articles 7 and 8 of the TRIPS Agreement (Articles 7 and 8 highlight the principles of promoting technological innovation, transfer and dissemination, bearing in mind the importance of social and economic welfare, the protection of public health and nutrition and the necessity to prevent the abuse of IPRs in this context).
Future Steps
According to trade sources, developing countries have welcomed the emergence the discussion on a "development agenda" at WIPO. It is, however, too early to expect many co-sponsorships of the proposition, as the proposal has yet to reach all developing states and be included in the agenda of the General Assembly. Reportedly, Argentina, Brazil and Bolivia will meet with other developing countries in the near future to go over the details and create a stronger basis of support for the upcoming WIPO General Assembly, scheduled for 27 September to 5 October.
To access the proposal by Brazil and Argentina, visit http://www.iprsonline.org/resources/docs/BrazilArgentina_WIPO.pdf
ICTSD reporting; "Brazil, Argentina to Push at WIPO Meeting To Put Development Issues Higher on Agenda," WTO REPORTER, 3 September 2004.