South Centre Research Paper 19 - December 2008

The objective of this research paper is to extract lessons from the negotiation process of SECURE, an initiative to promote TRIPS-plus-plus standards on IP enforcement at the WCO, and assist developing countries in addressing the emerging global challenges in IP enforcement initiatives. Although the proponents of SECURE had adopted a fast-track approach for its speedy conclusion, effective coordination among developing countries foiled the attempt to adopt the SECURE draft at the June 2008 WCO Council and led to the suspension of the SECURE Working Group at the WCO Policy Commission in Argentina in December 2008.

This Issue of the South Bulletin reflects upon the ongoing financial crisis originating from US and bringing more countries into its fold. The Editorial by Dr. Yash Tandon, Executive Director of the South Centre is on “Time for a New Bretton Woods Conference”.

Analysis and commentaries appearing in the Bulletin, include on Financial Crisis: Lessons for the EPA Trade Negotiations; African Countries and the EPAs: Do Agriculture Safeguards Afford Adequate Protection?; The IBSA Summit and the Political Economy of the Global South; Communiqué on Global Financial Situation; SECURE: Ensuring Transparency and a Legitimate, Member-driven Process, and on Group of 77 and the Reform of the United Nations.

The proposed SECURE under WCO, if adopted, will have far reaching consequences for developing countries. The proposed SECURE on border measures for IP enforcement represent a significant departure from TRIPS provisions in terms of scope and intensity of the border measures and Member States’ obligations. The delicate balance under TRIPS would be broken, thereby affecting the flexibilities contained in the TRIPS. This article appearing in South Bulletin: Reflections and Foresights, Issue 15, 16 May 2008 sheds more light on this.