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Fourth Global Congress on Combating Counterfeiting and Piracy

Fourth Global Congress on Combating Counterfeiting and Piracy. WIPO Development Agenda: a New Global Initiative. Pushpendra Rai World Intellectual Property Organization. Dubai February 3 to 5, 2008. WIPO Development Agenda.. A major initiative taken by developing countries in 2004.

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Fourth Global Congress on Combating Counterfeiting and Piracy

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  1. Fourth Global Congress on Combating Counterfeiting and Piracy WIPO Development Agenda: a New Global Initiative Pushpendra Rai World Intellectual Property Organization Dubai February 3 to 5, 2008

  2. WIPO Development Agenda..A major initiative taken by developing countries in 2004

  3. What is the WIPO Development Agenda ?

  4. WIPO Development Agenda: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

  5. 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

  6. WIPO Development Agenda:The 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

  7. Clusters and Proposals - Adopted “Others” : on Enforcement

  8. 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.

  9. 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

  10. Focus now shifts to the meeting of the CDIP in March 2008…which will consider aspects related to implementation of proposals

  11. Of course, if so decided by Member States, enforcement related issues will also be discussed in the ACE

  12. Thank you

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