CDIP/3/9 Prov.2

page 183

WIPO / / E
CDIP/3/9 Prov.2
ORIGINAL: English
DATE: November 4, 2009
WORLD INTELLECTUAL PROPERTY ORGANIZATION
GENEVA

COMMITTEE ON development and
intellectual property (cdip)

Third Session

Geneva, April 27 to May 1, 2009

REVISED DRAFT REPORT

Prepared by the Secretariat

The Third Session of the CDIP was held from April 27 to May 1, 2009.

The following States were represented: Afghanistan, Albania, Algeria, Angola, Argentina, Australia, Austria, Azerbaijan, Bahrain, Barbados, Belgium, Bolivia (PlurinationalState of), Bosnia and Herzegovina, Botswana, Brazil, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Chile, China, Colombia, Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, DemocraticRepublic of the Congo, Denmark, Dominica, Dominican Republic, Ecuador, Egypt, ElSalvador, Finland, France, Germany, Ghana, Greece, Guatemala, Guinea, Haiti, Holy See, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Latvia, Lebanon, Libyan Arab Jamahiriya, Lithuania, Luxembourg, Malaysia, Mali, Mauritius, Mexico, Monaco, Morocco, Myanmar, Netherlands, Nigeria, Norway, Oman, Pakistan, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, RepublicofKorea, Republic of Moldova, Romania, Russian Federation, Saudi Arabia, Senegal, Serbia, Singapore, South Africa, Spain, Sudan, Sweden, Switzerland, SyrianArabRepublic, Thailand, The Former Yugoslav Republic of Macedonia, TrinidadandTobago, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, United States of America, Uruguay, Uzbekistan, Viet Nam, Yemen, Zambia and Zimbabwe(110). Palestine was represented in an observer capacity.

The following intergovernmental organizations (IGOs) took part as observers: African Union (AU), Arab League Educational, Cultural and Scientific Organization (ALECSO), Caribbean Community (CARICOM), Commission of the European Communities (CEC), Eurasian Patent Organization (EAPO), European Patent Office (EPO), Food and Agriculture Organization of the United Nations (FAO), League of Arab States (LAS), Organization of the Islamic Conference (OIC), Patent Office of the Cooperation Council for the Arab States of the Gulf (GCC), South Centre, United Nations Conference on Trade and Development (UNCTAD), the World Health Organization (WHO) and the World Trade Organization (WTO) (15).

Representatives of the following international nongovernmental organizations (NGOs) took part as observers: Association IQSensato (IQSensato), Centrale sanitaire suisse romande (CSSR), Centre for International Environment Law (CIEL), Civil Society Coalition (CSC), Competition and Tax Law (MPI), CropLife International, Electronic Frontier Foundation (EFF), Electronic Information for Libraries (eIFL), European Digital Rights (EDRI), European Law Students’ Association (ELSA International), Exchange and Cooperation Centre for Latin America (ECCLA), Federation of Industries of the State of Rio de Janeiro, Free Software Foundation Europe (FSFEurope), IberoLatinAmerican Federation of Performers (FILAIE), Indigenous ICT Task Force (IITF), Ingénieurs du Monde (IdM), Institute for Policy Innovation (IPI), International Association for the Protection of Intellectual Property (AIPPI), International Center for Trade and Sustainable Development (ICTSD), International Chamber of Commerce (ICC), International Federation of Associations of Film Distributors (FIAD), International Federation of Pharmaceutical Manufacturers Associations (IFPMA), International Federation of Reproduction Rights Organizations (IFRRO), International Federation of the Phonographic Industry (IFPI), International Federation of Film Producers Associations (FIAPF), International Hotel and Restaurant Association (IH&RA), International Publishers Association (IPA), International Trademark Association (INTA), International Video Federation (IVF), Knowledge Ecology International (KEI), Library Copyright Alliance (LCA), MaxPlanck Institute for Intellectual Property, Organization for an International Geographical Indications Network (oriGIn) and Third World Network (TWN) (34).

Representatives of the following national NGOs also took part as observers: Chamber of Commerce of the United States of America (CCUSA) and Fundação Getulio Vargas (FGV).

Agenda Item 1: Opening of the session

The Director General of WIPO opened the session. Welcoming the participants, the Director General emphasized the importance of the Development Agenda and invited the Member States’ involvement in taking the Development Agenda to further stage. The Director General then invited the Committee to consider Agenda Item 2 dealing with the Election of officers.

Agenda Item 2: Election of officers

Following a proposal made by the Delegation of Germany and supported by the Delegation of Serbia, speaking on behalf of the Regional Group of Central European and Baltic States, Ambassador Trevor Clark of Barbados was unanimously elected as the Chair of the Committee and Mr. Mohamed Abderraouf Bdioui of Tunisia and Mr. Javier Alonso Moreno Ramos of Spain, as ViceChairs.

Following his election, the Chair thanked the Group of Latin American and Caribbean States (GRULAC) for having supported him for the position of the Chair for the third time, once for the Provisional Committee on Proposals Related to a WIPO Development Agenda (PCDA) and subsequently as Chair of the CDIP. He also thanked the Delegation of Germany and GroupB for formally proposing him as the Chair. The Chair mentioned that there existed concerns about the slow pace of the Development Agenda implementation after many years of its discussions at WIPO and the need for the delegations to move the process forward. The Chair hoped that the hard work during the session would bring WIPO closer to the goal of implementation of the adopted recommendations. Before seeking the formal adoption of the Agenda, he proposed that due to large number of issues to be considered during the session, there was a need to focus on discussing further work with regard to the implementation of the adopted recommendations. The Chair proposed the preparation of a “Summary by the Chair” to be adopted at the end of the Session instead of the draft report. He reminded the meeting that the usual draft report which would be prepared subsequently by the Secretariat would contain the interventions made during the sessions and would also include the Chair’s Summary. He stated that the draft report would be communicated to the Permanent Missions of MemberStates and would also be made available to Member States, IGOs and NGOs in electronic form on the WIPO website. He invited written comments on the draft report to be communicated within three weeks of its issuance. The revised draft report would then be considered for adoption at the beginning of the fourth session of the CDIP. With respect to the Agenda, the Chair proposed that the statement of the Director General be followed by general statements after Agenda Item 4, namely “Accreditation of Observers”. He also felt that it would be important that the adhoc observers had the opportunity to listen to the Director General and the general statements which he hoped would be few and concise.

Agenda Item 3: Adoption of the Agenda

The Delegation of Egypt, while congratulating the Chair, sought to amend the Agenda Item 8 to be read as “discussions on coordination mechanisms and monitoring, assessing and reporting modalities” so that it reflected the mandate given to the Committee by the General Assembly.

The Delegation of the Republic of Korea requested that consideration of document CDIP/3/7 which contained a proposal from the Republic of Korea be considered under Agenda Item 7.

The Chair decided to accept the proposed amendments and invited the Secretariat to introduce document CDIP/3/6 relating to the accreditation of Observers.

Agenda Item 4: Accreditation of Observers

The Secretariat, in introducing document CDIP/3/6, recalled that the Rules of Procedure of the CDIP provided for an adhoc accreditation of NGOs. The Secretariat informed that WIPO had received two requests, the first from the Confederation of Industries of the State of Rio de Janeiro (FIRJAN), and the second from the Central Sanitaire Suisse Romande (CSSR), for adhoc accreditation. With no objections from the floor, the two NGOs were declared as accredited and invited by the Chair to join the meeting.


General Statements

Addressing the Committee, the Director General stated that the presence of a large number of participants in the meeting was a testimony of the importance that Member States attached to the Development Agenda. The Director General reiterated his personal commitment of the implementation of the Development Agenda. He felt that the Development Agenda presented an excellent opportunity to mainstream development into all activities of the Organization. Describing the efforts of the Secretariat, the Director General stated that WIPO had sought to identify the principles that were to be applied to all of the activities of the Organization. On the other hand, the Secretariat proposed to implement actionoriented activities by various sectors of the Organization. By seeking to involve the various sectors of the Organization, the entire Secretariat was behind the implementation of the Development Agenda. The Development Agenda would also be integrated in the Organization’s budget for the next Biennium. This approach would ensure a collective effort of the whole Secretariat for the implementation of the Development Agenda.

Referring to the concerns expressed by some that the mainstreaming of the Development Agenda might result in its dissipation, the Director General informed that the Development Agenda Coordination Division working under his direct supervision was the single point of responsibility within the Organization. The Director General then expressed the hope that his explanation would allay all the concerns.

As regards the project based methodology proposed by the Secretariat for the implementation, in particular of the five recommendations, the Director General stated that this was a beginning of a process for implementation of those recommendations. Each project had a life cycle and would be implemented through an interactive process with regular feedback provided to the Member States. This mechanism would provide an opportunity for the Member States to evaluate, assess and monitor the implementation and also to see how these projects were implementing the recommendations and what else remained to be done.

As regards the estimated budget of eight millions Swiss francs for the implementation of the five recommendations included in the Program and Budget for 2009, the Director General informed the Committee that in order to ensure that the figure of 8 million Swiss francs was fully respected, WIPO had exceptionally – with respect to those five recommendations – not taken into account the full cost of the human resources within the Organization that were to be deployed. He stressed that should the cost of the internal human resources that were being used be disregarded, then the amount in respect to the five recommendations would come to some 7.9million Swiss francs. On the other hand, if the cost of human resources was included, then the amount would come to a figure of some 10.3million Swiss francs. With respect to future projects, for reasons of transparency, it was WIPO’s intention to reflect in the budget the full cost to the Organization of the implementation of any project or recommendation. In the future, the cost of human resources that were deployed internally in the implementation of the recommendations of projects would be reflected in the budget. The Director General added that the process of deploying human resources within the Organization to the implementation of the various recommendations and projects of the Development Agenda was being undertaken through the process of strategic realignment. The process of strategic realignment would in turn be a finite process and at that stage the necessity for Member States to consider the deployment or engagement of new fresh human resources with respect to future projects would arise. In WIPO’s preliminary consultations with the Member States, quite a considerable amount of discussion had taken place with respect to the question of reporting and evaluation. The Director General welcomed the proposal made by several delegations that he should report to the CDIP annually on the implementation of principles. He stated that there were certain principles that were directed immediately to the Secretariat, such as the principles relating to technical assistance and capacitybuilding. There were equally principles that Member States were directing to themselves as the collective membership of the Organization. The Director General said that a recommendation to urge the expedition of the work of the Committee on Traditional Knowledge, Genetic Resources and Folklore (IGC) was a principle that lay in the hands of the Member States to implement. The Director General welcomed the suggestion that he should report to Member States annually on their implementation. With respect to projects, the project managers he had appointed for each of the projects would report to Member States in the CDIP. In that regard, he drew the attention of the Committee to the necessity on deciding on a structured periodically reporting process that satisfied the needs and desires of Member States. The third category which had been identified with respect to the Development Agenda for its implementation dealt with activities which would be undertaken through the regular program and reported annually to the CDIP. The Director General looked forward to a constructive engagement on the Development Agenda, and felt that a stage had been reached where all ideas for the Development Agenda would be translated into an actionable program for the Organization.

On behalf of the Member States, the Chair thanked the Director General and invited comments on his statements. The Chair in particular referred to the Agenda Item 7 and the proposed Thematic Project approach and invited questions for the Director General in particular on those subjects.

The Delegation of Argentina felt that the costs of human resources deployed to the projects from the existing human resources of the Organization should not be included in the project budget. The Delegation felt that, while the human resource requirements could be indicated in the project proposals, the inclusion of cost in the Delegation’s opinion should not be included. The Delegation, however, did not wish to open a discussion on this matter at that time.

The Chair then invited general statements and requested delegations and regional coordinators to be brief in their statements and to provide with written copies to the Secretariat for its inclusion in the records of the meeting.

The Delegation of Sri Lanka, speaking on behalf of the Asian Group, expressed its confidence in the leadership of the Chair and appreciated the Secretariat for preparing detailed documents and in particular the extensive briefing sessions held before the meeting. The Delegation also appreciated the efforts of the Director General for his personal interest and commitment to the Development Agenda and hoped that the Member States and the Secretariat would work together in making progress towards the early implementation of all the Development Agenda recommendations. On behalf of the Asian Group, the Delegation also welcomed the new approach proposed by the Secretariat by identifying the recommendations in two broad groups, namely principles and actionables and further grouping of the similar recommendations under different themes. Furthermore, the Group hoped that financial allocations would be made available for the effective implementation of these recommendations. The Delegation suggested the mainstreaming of those principles in the work of all the committees of WIPO as the most effective way to achieving the results to meet the expectations of the Development Agenda. The Delegation, while appreciating the proposals made by the Secretariat felt that the proposals could be further improved and that individual members of the Asian Group would be making specific suggestions as the discussion unfolded.