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WIPO Conference on Building Partnerships for Mobilizing Resources for Development

WIPO Conference on Building Partnerships for Mobilizing Resources for Development Geneva, November 5 and 6, 2009. Least Developed Countries: IP Needs Assessment: WIPO, WTO and the LDC needs assessment process under TRIPS. 1995: WIPO-WTO Agreement

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WIPO Conference on Building Partnerships for Mobilizing Resources for Development

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  1. WIPO Conference on Building Partnerships for Mobilizing Resources for Development Geneva, November 5 and 6, 2009 Least Developed Countries: IP Needs Assessment:WIPO, WTO and the LDC needs assessment process under TRIPS

  2. 1995: WIPO-WTO Agreement • The International Bureau and the WTO Secretariat shall enhance cooperation in their legal-technical assistance and technical cooperation activities relating to the TRIPS Agreement for developing countries, so as to maximize the usefulness of those activities and ensure their mutually supportive nature.

  3. 1998: Joint Initiative on technical cooperation for developing countries. • 2001: Joint Initiative on Technical Cooperation for LDCs • 2007: Development Agenda recommendation 14: • Within the framework of the agreement between WIPO and the WTO, WIPO shall make available advice to developing countries and LDCs, on the implementation and operation of the rights and obligations and the understanding and use of flexibilities contained in the TRIPS Agreement.

  4. Technical assistance under TRIPS • TRIPS Article 69: • In order to facilitate the implementation of [TRIPS], developed country Members shall provide, on request and on mutually agreed terms and conditions, technical and financial cooperation in favour of developing and least-developed country Members.

  5. Technical assistance under TRIPS • TRIPS Article 69: Cooperation shall include • Assistance in the preparation of laws and regulations • on the protection and enforcement of IPRs • on the prevention of their abuse • Support regarding the establishment or reinforcement of domestic offices and agencies relevant to these matters, including the training of personnel

  6. LDCs under TRIPS • Article 66.1: ‘In view of the special needs and requirements of [LDCs], their economic, financial and administrative constraints’ • - grace period for most TRIPS obligations to 2005 • - TRIPS Council shall extend ‘upon duly motivated request’ • Article 66.2: Developed country Members to provide incentives for promoting and encouraging technology transfer to LDCs to ‘enable them to create a sound and viable technology base.’

  7. LDC needs assessment • TRIPS Council Decision of 29 November 2005 on the Extension of the Transition Period under Art.66.1 for LDC Members, para.2: • With a view to facilitating targeted technical and financial cooperation programmes, all the LDC Members will provide to [the TRIPS Council] … as much information as possible on their individual priority needs for technical and financial cooperation in order to assist them taking steps necessary to implement the TRIPS Agreement.“

  8. What is it to implement TRIPS? • What are the options • - and how to assess options in the light of development interests ? • What kind of needs are identified? • How to meet those needs?

  9. What is it to implement TRIPS? • Members shall be free to determine the appropriate method of implementing the provisions of this Agreement within their own legal system and practice. • TRIPS – Art 1.1

  10. What is it to implement TRIPS? • IPR protection and enforcement 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. TRIPS – Art 7

  11. What is it to implement TRIPS? The objective of IPR protection articulates... • Ideas of equity, balance, mutual advantage (e.g. non-discrimination) • Promotion of innovation and to the transfer and dissemination of technology, • Conducive to social and economic welfare But ....

  12. What is it to implement TRIPS? But... how to link • Formal legal consistency with legal provisions of TRIPS and • Promotion of the public policy goals and specific benefits articulated in TRIPS through • A process of implementation?

  13. What are the options for implementation ? • and how to assess those options in the light of development interests ?

  14. What are the options for implementation ? • and how to assess those options in the light of development interests ? • Indeed – what are a Member's development interests and priorities? • What policies & planning processes exist already? • What sectors and interests are prioritized?

  15. What kind of needs are identified? • With a view to facilitating targeted technical and financial cooperation programmes, • all the LDC Members will provide … as much information as possible on their individual priority needs for technical and financial cooperation • in order to assist them taking steps necessary to implement TRIPS

  16. What kind of needs are identified? • With a view to facilitatingtargetedtechnical and financial cooperationprogrammes, • all the LDC Members will provide … as much information as possible on theirindividualpriorityneedsfor technical and financial cooperation • in order to assist them taking steps necessary toimplement TRIPS

  17. TRIPS Council Decision on the Extension of the Transition Period under Art.66.1 for LDC Members: • developed country Members to provide technical and financial cooperation in favour of LDC Members in accordance with Art.67 TRIPS in order to effectively address the identified needs.

  18. TRIPS Council Decision on the Extension of the Transition Period under Art.66.1 for LDC Members: • In order to assist LDC Members to draw up the information to be presented in accordance with para.2, and with a view to making technical assistance and capacity building as effective and operational as possible, the WTO shall seek to enhance the cooperation with the WIPO and with other relevant international organizations".

  19. And how to meet those needs? Needs assessment not an end in itself The essential 'need' is not for a needs assessment. Needs assessment is only credible and worthwhile if avenues identified to ‘effectively address’ the needs identified. 'Needs' to be consistent with identified policies, priorities and programs Prepare for realistic ways of sustainably meeting those needs

  20. Not a stand alone exercise; coordination with WIPO, other IGOs, States, NGOs, essential: • Complement, support, leverage existing programs: integrate needs assessment and fulfilment of needs into other IP/TRIPS related activities • Facilitate attainment of national objectives, not create a new ‘compliance burden’ • Mobilising resources and setting priorities: • identify sustainable sources of necessary resources • matching identified needs with broader programs (e.g. AfT and EIF) • Demand-driven programs: demand must be expressed • The needs are identified in order actually to be metin practice

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