Fourth Global Congress on Combating Counterfeiting

and Piracy

WIPO Development Agenda: WIPO Development Agenda: a New Global Initiativea New Global Initiative

DubaiFebruary 3 to 5, 2008

Pushpendra RaiWorld Intellectual Property Organization

WIPO Development Agenda..

A major initiative taken by developing countries in

2004

What is the WIPO Development

Agenda ?

WIPO Development Agenda:WIPO Development Agenda:The Concern of Proponents The Concern of Proponents • Basic concern - ensure that WIPO activities and

discussions lead to development-oriented results• Credibility of IP system undermined by promoting

benefits of protection, without acknowledging public policy concerns

• Misconception: development dimension of IP synonymous with technical assistance and that it should be provided for enhancing enforcement measures in receiving countries

• Integrating development dimension will strengthen credibility and encourage its acceptance as a tool for innovation, creativity and development

• Hence, the need for a WIPO Development Agenda

After the introduction of the proposal in August 2004, WIPO

Member States debated the issue for three years, during which 15 papers containing 111 proposals

were presented

Finally, decisions taken in October 2007 to adopt a WIPO Development

Agenda

WIPO Development Agenda:WIPO Development Agenda:The DecisionThe Decision• Established a Committee on IP and

Development to, ‘inter alia’, discuss issues related to intellectual property and development, as raised by member states from time to time

• Adopted a set of 45 proposals, placed in six clusters

Clusters and Proposals - Adopted

Tech Assistance -14

Norm Setting - 9

Tech Transfer - 9

Assessments and Studies - 6

Institutional Matters - 6

Others - 1

“Others” : on Enforcement

Others:

45. To approach intellectual property enforcement in the context of broader societal interests and especially development‑oriented concerns, with a view that “the protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations”, in accordance with Article 7 of the TRIPS Agreement.

Issues• Enforcement should not just consider the

perspective of right holders• It is also about enforcement against anti-

competitive practices by right-holders • Therefore, need to ensure strong

enforcement of competition law against abuse of IP rights by anti-trust authorities

• Corrective measures may be necessary to curb practices that may adversely affect trade and the international transfer of technology

Focus now shifts to the meeting of the CDIP

in March 2008…which will consider aspects related to implementation of

proposals

Of course, if so decided by Member States,

enforcement related issues will also be

discussed in the ACE

Thank you