| Quotes from Developing Countries’ Statements at WIPO Assemblies, Sept. 2010 |
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The Philippines History is full of examples of progress being made through innovation, for instance the industrial revolution and the benefits derived from that process by European and North American countries, and yet in some of those countries there had been little or no formal IP rights protection at that time, which could lend credence to the argument that it is possible for a country to achieve growth and development through innovation even in the absence of IP rights. To pursue development goals, it is imperative that the existing flexibilities under the WTO TRIPS Agreement and other IP instruments are preserved. It is essential that the WIPO Development Agenda (DA) recommendations are fully implemented in all activities of the WIPO to ensure greater participation of all Members States, but particularly developing countries like the Philippines, in the benefits derived from IP. The Philippines is seriously concerned that developments relating to the promotion and enforcement of IP rights are affecting the already limited policy space that it needs for its continued development. While WTO Members should be free to implement the provisions of the TRIPS Agreement within their own legal systems and practices, the international IP enforcement agenda should recognize the difference between developed and developing countries in terms of their technological, economic and social situation and the resources that they have available for IP enforcement. Egypt (for DAG) The provision of technical assistance and capacity-building (TACB) is a core element of WIPO’s role in ensuring that all Member States could benefit from a balanced IP regime that was consistent with self-identified national needs and in line with broader development goals. Member States should advise the International Bureau on how to allocate resources for TACB activities in the most cost-effective and timely manner. There is no systematic reporting of TACB activities and Member States are not involved in a regular TACB planning and review, which is a situation that should be examined. The DAG believes that effective governance and oversight by Member States in a transparent and credible fashion could contribute significantly to improving the effectiveness of WIPO, by building confidence and trust between the Secretariat and Member States as well as among Member States themselves. Iran Because of different levels of development, a one-size-fits-all approach could not be helpful as various countries introduced specific IP policies, and hence it is important to know what kind of IP policies might most effectively foster creativity and innovation in developing countries, and generate productive employment and new opportunities. In this respect, the norm-setting activities of WIPO should be dynamic, holistic and comprehensive, failing which WIPO would lose relevance. Those activities should accord due attention to the development concerns of developing countries and those concerns should be addressed in all areas of WIPO’s work. India WIPO has to reinvent itself to give a message to the developing world that WIPO recognizes that IP protection is not an end in itself. While some Member States are advocating prompt action by public authorities on the protection of private rights, they are less enthusiastic on the issue of technology transfer, which has to be addressed adequately by Member States. In addition, policies facilitating that transfer must be encouraged. WIPO needs to do more in this regard. We are deeply concerned about the recent international initiatives for expanding the existing IP framework and creating new norms, outside the existing international regime, such as ACTA. India is disturbed by the manner in which IPR negotiations are introduced into bilateral and regional trade agreements. Walso entails a change in WIPO’s organizational culture, which should extend even to the atmosphere surrounding intergovernmental negotiating processes. Defensiveness and mutual distrust should be left behind. The DA has filled a big gap in the international IP system and improved its equilibrium. WIPO provides important services for IP rights-holders, but its role should not be confined to that. An agency within the UN system has to attain higher objectives, in particular the promotion of development, the protection of human rights and the achievement of the Millennium Development Goals (MDGs).
South Africa Member States’ individual needs and national policies should be taken into account in seeking a balanced IP system that promotes both innovation and development. WIPO therefore needs to clearly integrate the UN principles of good governance and transparency into its policies. Brazil
The Development Agenda has added a new dimension to WIPO that calls for empirical learning processes, a flexible implementation and monitoring methodology, and budgetary resources to match its importance. It osts. Developing economies could experience net welfare losses in the short run where the costs of protection emerged earlier than the benefits. The Holy See (The Vatican) Although strengthening IPRs is seen as a potentially enhancing development, a stronger system of protection could either enhance or limit economic growth. Under certain circumstances, strengthening the system could mean burdensome social cith the stated objective of seeking protection and enforcement of IP rights beyond TRIPS, attempts are made to enhance IP-related norms. Such activities, which go beyond current international obligations, significantly undermines the multilateral process as well as the institutions.
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