Tuesday, June 19, 2007

WIPO Development Agenda in colour

Here is a more comprehensive examination of the Annex B proposals now going forward as a part of the development agenda at WIPO. I posted a rough outline last Saturday (WIPO development agenda update). In the chart below I have highlighted the items going forward as proposed in green, the items that have been watered down or changed in yellow, and the items that are not going forward in red. You will notice there is a lot of yellow and red.

The proposals in the left column are taken from Annex B in the PCDA/3/2 document. This was the working list of proposals that the delegates started with at the meeting this month. The proposals in the next column are the ones from that list that the delegates have decided to retain according to IP-Watch last week and the Chair's report from the PCDA/3 meeting. (Some were already going forward as a result of the PCDA/3 meeting in February, and others are included in the list of proposals coming out of the PCDA/4 meeting this month.) I have made some notes in the third column.

In addition to the proposals outlined here, the set of less contentious Annex A proposals, also contained in the PCDA/3/2 document, are mainly going ahead. Those have been distilled into 24 proposals in the Chair's report from the PCDA/3 meeting.

CLUSTER A: TECHNICAL ASSISTANCE AND CAPACITY BUILDING



1. To develop and improve national institutional capacity through further development of infrastructure and other facilities with a view to making national intellectual property (IP) institutions more efficient and ensuring a fair balance between IP protection and safeguarding public interest. This technical assistance should be extended to sub-regional and regional organizations dealing with IP

1. To assist Member States to develop and improve national IP institutional capacity through further development of infrastructure and other facilities with a view to making national IP institutions more efficient and promote fair balance between IP protection and the public interest. This technical assistance should also be extended to sub-regional and regional organizations dealing with IP


2. To strengthen national capacity for protection of local creations, innovations and inventions in order to develop national scientific and technological infrastructure

2. To assist Member States to strengthen national capacity for protection of domestic creations, innovations and inventions and to support development of national scientific and technological infrastructure, where appropriate, in accordance with WIPO’s mandate.


3. To implement principles and Guidelines for technical assistance to ensure, inter alia: (a) transparency; (b) that flexibilities existing in international treaties are taken full advantage of; (c) that technical assistance is tailor-made and demand-driven

PCDA/3

1. WIPO technical assistance shall be, inter alia, development-oriented, demand-driven and transparent, taking into account the priorities and the special needs of developing countries, especially LDCs, as well as the different levels of development of Member States and activities should include time frames for completion. In this regard, design, delivery mechanisms and evaluation processes of technical assistance programs should be country specific.

5. WIPO shall display general information on all technical assistance activities on its website, and shall provide, on request from Member States, details of specific activities, with the consent of the Member State(s) and other recipients concerned, for which the activity was implemented.

6. WIPO’s technical assistance staff and consultants shall continue to be neutral and accountable, by paying particular attention to the existing Code of Ethics, and by avoiding potential conflicts of interest. WIPO shall draw up and make widely known to the Member States a roster of consultants for technical assistance available with WIPO.

The part about flexibilities being fully taken advantage of did not go forward

4. To make publicly available all information about design, delivery, cost, financing, beneficiaries and implementation of technical assistance programs as well as the results of internal and external independent evaluation

PCDA/3

5. WIPO shall display general information on all technical assistance activities on its website, and shall provide, on request from Member States, details of specific activities, with the consent of the Member State(s) and other recipients concerned, for which the activity was implemented.

Only general information on technical assistance will be made available on the web site the rest will be made available with consent of Member states and recipients concerned.

5. To establish in the Program and Budget Committee consistent pluriannual programs and plans for cooperation between WIPO and developing countries aiming at strengthening national intellectual property offices, so that they may effectively become an acting element in national development policy. Those programs should be guided, moreover, by the principles and objectives as proposed in document WO/GA/31/11

PCDA/4

1. To assist Member States to develop and improve national IP institutional capacity through further development of infrastructure and other facilities with a view to making national IP institutions more efficient and promote fair balance between IP protection and the public interest. This technical assistance should also be extended to sub-regional and regional organizations dealing with IP


6. To expand the coverage of technical assistance programs to include matters related to the use of competition law and policy to address abuses of intellectual property and practices that unduly restrain trade and the transfer and dissemination of technology

PCDA/3

7. Promote measures that will help countries deal with IP related anti-competitive practices, by providing technical cooperation to developing countries, especially LDCs, at their request, in order to better understand the interface between intellectual property rights and competition policies.

PCDA/4 CLUSTER C

4. “To have within WIPO opportunity for exchange of national and regional experiences and information on the links between IP rights and competition policies.”


7. To provide neutral technical assistance of an advisory nature based on actual and expressed needs. The assistance should not discriminate among recipients or issues to be addressed and should not be perceived as being a reward system for supporting certain positions in WIPO negotiations

PCDA/3

6. WIPO’s technical assistance staff and consultants shall continue to be neutral and accountable, by paying particular attention to the existing Code of Ethics, and by avoiding potential conflicts of interest. WIPO shall draw up and make widely known to the Member States a roster of consultants for technical assistance available with WIPO.


8. To ensure that laws and regulations are tailored to meet each country’s level of development and are fully responsive to the specific needs and problems of individual societies. The assistance should correspond to the needs of various stakeholders in developing and least developed countries and not just the intellectual property offices and right holders

PCDA/4

4. WIPO’s legislative assistance shall be, inter alia, development-oriented and demand-driven, taking into account the priorities and the special needs of developing countries, especially LDCs [least-developed countries], as well as the different levels of development of Member States and activities should include time frames for completion.”

The part about corresponding to the needs of various stakeholders did not make it.

9. To separate the norm-setting functions of the WIPO Secretariat from those of technical assistance

NOT CARRIED FORWARD


10. To ensure that legal-technical and technical assistance activities provided to developing and least developed countries are able to implement the pro-development provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), for example, Articles 7, 8, 30, 31 and 40, in addition to subsequent pro-development decisions, such as the Doha Declaration on the TRIPS Agreement and Public Health

PCDA/4

5. “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 o flexibilities contained in the TRIPS Agreement.”

PCDA/4 CLUSTER B

11. [To safeguard in WIPO the development-oriented principles and flexibilities contained in existing agreements, such as the TRIPS Agreement (Manalo 37).]


11. To mainstream development dimension into all of WIPO’s substantive and technical assistance activities and debates, including the way in which the Organization deals with “enforcement” issues

PCDA/4

3. To further mainstream development considerations into WIPO’s substantive and technical assistance activities and debates, in accordance with its mandate.

PCDA/3 CLUSTER F

24. 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.


12. To ensure that technical assistance is demand-driven in the sense that it corresponds to the needs and global political objectives of developing and least developed countries, taking also into account the legitimate interests of various stakeholders and not only those of right holders

PCDA/4

4. WIPO’s legislative assistance shall be, inter alia, development-oriented and demand-driven, taking into account the priorities and the special needs of developing countries, especially LDCs [least-developed countries], as well as the different levels of development of Member States and activities should include time frames for completion.”

The part about the interests of various stakeholders is not going forward

13. To orient technical assistance to ensure that national regimes are set up to implement international obligations in an administratively sustainable way and do not overburden scarce national resources that may be more productively employed in other areas

NOT CARRIED FORWARD


14. To ensure that technical cooperation contributes towards maintaining the social costs of IP protection at a minimum

NOT CARRIED FORWARD


15. To ensure WIPO’s legislative assistance tailors national laws on intellectual property to meet each country’s level of development and is fully responsive to the specific needs and problems of individual societies

PCDA/4

4. WIPO’s legislative assistance shall be, inter alia, development-oriented and demand-driven, taking into account the priorities and the special needs of developing countries, especially LDCs [least-developed countries], as well as the different levels of development of Member States and activities should include time frames for completion.”


16. To promote model approaches on how to implement the relevant provisions on anti-competitive practices of the TRIPS Agreement

NOT CARRIED FORWARD





CLUSTER B: NORM-SETTING, FLEXIBILITIES, PUBLIC POLICY AND PUBLIC DOMAIN



17. To request WIPO to examine the flexibilities under the TRIPS Agreement and Doha Summit decisions with a view to giving practical advice to developing and least developed countries on how to enable them gain access to essential medicines and food, and also to elaborate a mechanism to facilitate access to knowledge and technology for developing and least developed countries

PCDA/4

5. “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 o flexibilities contained in the TRIPS Agreement.”

PCDA/4 CLUSTER B

11. [To safeguard in WIPO the development-oriented principles and flexibilities contained in existing agreements, such as the TRIPS Agreement (Manalo 37).]


18. To request WIPO to adopt an internationally binding instrument on the protection of genetic resources, traditional knowledge and folklore in the nearest future

2. To urge the IGC to accelerate the process on the protection of genetic resources, traditional knowledge and folklore, without prejudice to any outcome, including the possible development of an international instrument or instruments.

proposal to ‘adopt an instrument’ has become ‘accelerate the process’ ‘without prejudice to any outcome’

19. To elaborate a mechanism to facilitate access to knowledge and technology for developing and least developed countries

3. To discuss possible new initiatives and strengthen existing mechanisms within WIPO to facilitate [access to knowledge] and technology for developing countries and LDCs and to foster creativity and innovation within WIPO’s mandate.


20. To formulate and adopt measures designed to improve participation by civil society and other stakeholders in WIPO activities, relevant to their respective domains and interests

PCDA/4

10. Norm-setting activities shall:

- be a participatory process, which takes into consideration the interests and priorities of all WIPO Member States and the viewpoints of other stakeholders, including accredited inter-governmental organizations and non-governmental organizations; …

PCDA/3 CLUSTER E

23. To enhance measures that ensure wide participation of civil society at large in WIPO activities in accordance with its criteria regarding NGO acceptance and accreditation, keeping the issue under review.


21. Best Practices for Economic Growth: Compile and disseminate the “best practices” of Member States related to fostering the development of creative industries and attracting foreign investment and technologies based, at least in part, on the baseline national surveys for economic growth, which are discussed more fully below under cluster D

PCDA/4

8. [Best Practices for Economic Growth: Compile and disseminate the “best practices” of Member States related to fostering the development of creative industries and attracting foreign investment and technologies based, at least in part, on the baseline national surveys for economic growth, which are discussed more fully below under cluster D]


22. Increasing understanding of the adverse effect of counterfeiting and piracy on economic development: Through the WIPO Advisory Committee on Enforcement (ACE), conduct analyses of the relationship between high rates of counterfeiting and intellectual property piracy and technology transfer, foreign direct investment and economic growth

PCDA/4

9. [Increasing understanding of the adverse effect of counterfeiting and piracy on economic development: Through the WIPO Advisory Committee on Enforcement (ACE), conduct analyses of the relationship between high rates of counterfeiting and intellectual property piracy and technology transfer, foreign direct investment and economic growth]


23. Draw up proposals and models for the protection and identification of, and access to, the contents of the public domain

PCDA/4

4. To promote norm-setting activities related to IP that support a robust public domain in WIPO’s Member States, including the possibility of preparing guidelines which could assist interested Member States in identifying subject matters that have fallen into the public domain within their respective jurisdictions.

promoting protection of and access to the public domain has been dropped; the focus is now on identifying items in the public domain

24. To establish in WIPO an area of analysis and discussion of incentives promoting creative activity, innovation and technology transfer, in addition to the intellectual property system, and within the intellectual property system, for example emerging exploitation models. This could be achieved through either of two mechanisms: (i) An electronic forum maintained by WIPO for the exchange of information and opinions. It could have a limited duration (e.g. one year), after which proposals and discussions could be summarized in a document. If there is interest and critical mass, we would analyze if and how to proceed. Discussions in the forum could be organized under the following sections: Tools within the intellectual property system (e.g. utility models, systems of free and open licenses and creative commons), and those complementary to the intellectual property system (e.g. subsidies, Treaty on Access to Knowledge, Treaty on Medical R&D). (ii) To include this issue as a permanent item in the agendas of the WIPO Committees.

NOT CARRIED FORWARD


25. To adopt development-friendly Principles and Guidelines for norm-setting activities

NOT CARRIED FORWARD


26. To undertake debates on the feasibility and desirability of new, expanded or modified rules, prior to engaging in norm-setting activities, especially by means of public hearings

PCDA/4

5. WIPO shall conduct informal, open and balanced consultations, as appropriate, prior to any new norm-setting activities, through a member-driven process, promoting the participation of experts from Member States, particularly developing countries and LDCs.


27. To pursue a balanced and comprehensive approach to norm-setting, emphasizing the design and negotiation of rules and standards that are guided by and fully address the development objectives and concerns of developing and least developed countries and of the international community

PCDA/4

6. WIPO’s norm-setting activities should be supportive of all [internationally agreed] development goals [,] [agreed] within the UN system, including those contained in the Millennium Declaration.


28. To ensure that norm-setting activities are fully compatible with and actively support other international instruments that reflect and advance development objectives, in particular Human Rights international instruments

PCDA/4

6. WIPO’s norm-setting activities should be supportive of all [internationally agreed] development goals [,] [agreed] within the UN system, including those contained in the Millennium Declaration.


29. To include in treaties and norms provisions on, inter alia: (a) objectives and principles; (b) safeguard of national implementation of intellectual property rules; (c) against anti-competitive practices and abuse of monopoly rights; (d) promotion of transfer of technology; (e) longer compliance periods; (f) flexibilities and “policy space” for the pursuit of public policies; (g) exceptions and limitations

[The Secretariat should address in its [working documents for norm-setting activities] [background] documents, as appropriate and as directed by Member Sates, issues such as: a) [potential implementation issues] [safeguarding national implementation of intellectual property rules] [b) mechanisms to prevent anti-competitive practices c) promotion of transfer of technology) d) potential flexibilities, exceptions and limitations for Member States and e) the possibility of additional special provisions for developing countries and LDCs without prejudice to the outcome of Member States considerations

items will be considered in working docs rather than included in treaties and norms; several items have been left behind altogether

30. To include in all treaties and norms operative and substantial special and differential treatment provisions for developing and least developed countries

NOT CARRIED FORWARD


31. To ensure that norm-setting activities provide developing countries with policy space commensurate with their national development needs and requirements

NOT CARRIED FORWARD


32. To ensure that norm-setting activities help identify and maintain a robust public domain in all WIPO’s Member States

PCDA/4

4. To promote norm-setting activities related to IP that support a robust public domain in WIPO’s Member States, including the possibility of preparing guidelines which could assist interested Member States in identifying subject matters that have fallen into the public domain within their respective jurisdictions.

‘maintaining’ a robust public domain has been dropped

33. To examine non-intellectual property type and/or non-exclusionary systems for fostering, creativity, innovation and transfer of technology (e.g., free software development and creative commons models)

PCDA/4

7. To consider how to better promote [creative] pro-competitive IP licensing practices, [including emerging licensing options,] particularly with a view to fostering creativity, innovation and the transfer and dissemination of technology to interested countries, in particular developing countries and LDCs.


34. To ensure that new subjects and areas for norm-setting are identified on the basis of clear defined principles and guidelines and on assessment of their development impact

NOT CARRIED FORWARD

PCDA/4

5. WIPO shall conduct informal, open and balanced consultations, as appropriate, prior to any new norm-setting activities, through a member-driven process, promoting the participation of experts from Member States, particularly developing countries and LDCs.

The new item does not include anything about prior assessment of development impact of new norms

35. To establish a Treaty on Access to Knowledge and Technology

NOT CARRIED FORWARD

3. To discuss possible new initiatives and strengthen existing mechanisms within WIPO to facilitate [access to knowledge] and technology for developing countries and LDCs and to foster creativity and innovation within WIPO’s mandate.


36. To develop an international framework to deal with issues of substantive law relating to anti-competitive licensing practices, primarily those that adversely affect the transfer and dissemination of technology and restrain trade

PCDA/3 CLUSTER A

7. Promote measures that will help countries deal with IP related anti-competitive practices, by providing technical cooperation to developing countries, especially LDCs, at their request, in order to better understand the interface between intellectual property rights and competition policies.

PCDA/4 CLUSTER C

4. “To have within WIPO opportunity for exchange of national and regional experiences and information on the links between IP rights and competition policies.”

The proposal of an ‘international framework’ has been dropped

37. To protect and promote in all negotiations the development oriented principles and flexibilities contained in existing Agreements, such as the TRIPS Agreement

NOT CARRIED FORWARD


38. To promote models based on open collaborative projects to develop public goods, as exemplified by the Human Genome Project and Open Source Software

PCDA/4

10. [To exchange experiences on open collaborative projects for the development of public goods such as the Human Genome Project and Open Source Software (Manalo 38).]

‘promote models’ became ‘exchange experiences’

39. To set objectives and issues to be addressed in each proposed treaty or norm based on the views of all stakeholders, with special emphasis on participation by public interest groups

NOT CARRIED FORWARD





CLUSTER C: TECHNOLOGY TRANSFER, INFORMATION AND COMMUNICATION TECHNOLOGIES (ICT) AND ACCESS TO KNOWLEDGE



17. To develop criteria and methodology to select essential technologies, monitor and facilitate the transfer and the diffusion of such technologies in accessible and affordable cost to developing countries and LDCs

NOT CARRIED FORWARD


18. To contribute effectively to individual nation’s self-reliance, including through relaxation of patent rules in the area of technology by facilitating access to foreign patented information on technology and technical resources

PCDA/4

3. “To undertake initiatives agreed by member states which contribute to transfer of technology to developing countries, such as requesting WIPO to facilitate better access to publicly available patent information,” and

‘relaxation of patent rules’ part dropped and caveat ‘agreed by member states’ added

19. To create a new body for formulating, coordinating and assessing all transfer of technology policies and strategies

NOT CARRIED FORWARD


20. To develop and maintain, in collaboration with other intergovernmental organizations, a list of essential technologies, know-how, processes and methods that are necessary to meet the basic development needs of African countries aimed at protecting the environment, life, health of human beings, animals and plants, promoting education and improving food security

NOT CARRIED FORWARD


21. To work on any initiative intended to facilitate the implementation of technology-related provisions of Multilateral Environmental Agreements (MEAs), so as to ensure that countries where biological, traditional or other environmental resources originate from, participate in the process of research and development

NOT CARRIED FORWARD


22. To adopt development-friendly principles and guidelines on transfer of technology

NOT CARRIED FORWARD

PCDA/4

1. “To include discussions on IP-related technology transfer issues within the mandate of an appropriate WIPO body,”


23. To adopt specific measures that ensure transfer of technology to developing countries;

NOT CARRIED FORWARD

PCDA/4

1. “To include discussions on IP-related technology transfer issues within the mandate of an appropriate WIPO body,”


24. To incorporate in intellectual property treaties and norms relevant provisions dealing with anti-competitive behavior or abuse of monopoly rights by rights holders

NOT CARRIED FORWARD


25. To devise a mechanism whereby countries affected by anti-competitive practices request Developed Countries authorities to undertake enforcement actions against firms headquartered or located in their jurisdictions

NOT CARRIED FORWARD


26. To establish a special fee on applications through the Patent Cooperation Treaty, the revenues of which would be earmarked for the promotion of research and development activities in the developing and least developed countries

NOT CARRIED FORWARD


27. To establish a WIPO Standing Committee on IP and Technology Transfer and a dedicated Program on these issues, including related Competition Policies

PCDA/4

1. “To include discussions on IP-related technology transfer issues within the mandate of an appropriate WIPO body,”

will be an existing body not a new body

28. To adopt commitments like those contained in Article 66.2 of the TRIPS Agreement, expanded to benefit all developing countries

NOT CARRIED FORWARD

[TRIPS article 66.2:

“Developed country Members shall provide incentives to enterprises and institutions in their territories for the purpose of promoting and encouraging technology transfer to least-developed country Members in order to enable them to create a sound and viable technological base.”]


29. To establish an intermediary conduit to reduce the asymmetric information problem in private transactions between technology buyers and sellers, for knowledge about successful technology-acquisition programs that have been undertaken by national and sub-national governments in the past

NOT CARRIED FORWARD


30. To negotiate a multilateral agreement where signatories would place into the public domain, or find other means of sharing at modest cost, the results of largely publicly funded research. The objective would be to set out a mechanism for increasing the international flow of technical information, especially to developing countries, through expansion of the public domain in scientific and technological information, safeguarding, in particular, the public nature of information that is publicly developed and funded without unduly restricting private rights in commercial technologies

NOT CARRIED FORWARD





CLUSTER D: ASSESSMENT, EVALUATION AND IMPACT STUDIES



17. To establish an independent development impact assessment with respect to technical assistance, technology transfer and norm-setting on developing and least developed countries (LDCs)

PCDA/4

3. To strengthen WIPO’s capacity to perform objective assessments of the impact of the organization’s activities on development.

‘independent’ part lost

18. Baseline National Surveys for Economic Growth: Provide assistance through the WIPO Secretariat to Member States requesting help to conduct base-line national economic surveys and make the results of such surveys available to other Member States

PCDA/4 CLUSTER B

8. [Best Practices for Economic Growth: Compile and disseminate the “best practices” of Member States related to fostering the development of creative industries and attracting foreign investment and technologies based, at least in part, on the baseline national surveys for economic growth, which are discussed more fully below under cluster D]


19. Measuring the contribution of national creative and innovative industries: Expand the successful WIPO Guide for Surveying the Economic Contribution of the Copyright-based Industries to include the patent-based innovative industries

NOT CARRIED FORWARD


20. Conducting Global economic surveys of the creative and innovative sectors: Explore the feasibility of WIPO conducting its own economic surveys on a regular basis to support the creative and innovative sectors with useful data

NOT CARRIED FORWARD


21. Collecting Data on Global IPR Piracy and Counterfeiting: The WIPO Secretariat should assist in the collection of data on global piracy and counterfeiting rates with a view toward making the information widely available

PCDA/4 CLUSTER B

9. [Increasing understanding of the adverse effect of counterfeiting and piracy on economic development: Through the WIPO Advisory Committee on Enforcement (ACE), conduct analyses of the relationship between high rates of counterfeiting and intellectual property piracy and technology transfer, foreign direct investment and economic growth]


22. Study to evaluate the appropriate levels of intellectual property, to identify the links between IP and development. For example, a study of a limited, but representative, number of countries, with participation on a voluntary basis, in specific areas of IP, such as patents, exceptions and limitations and institutional capacity to administrate the IP system, including costs to government, as well as to individuals (cost in GDP)

PCDA/4

2. Upon request and as directed by Member States, WIPO may conduct studies on the protection of intellectual property, to identify the possible links and impacts between IP and development.


23. To establish, through a member-driven process, an independent Evaluation and Research Office (WERO) that would be responsible for, inter alia, evaluation of all WIPO’s programs and activities and carrying out of “Development Impact Assessments” in norm-setting activities, and technical cooperation

NOT CARRIED FORWARD


24. To undertake independent, evidence-based “Development Impact Assessments” with respect to norm-setting activities that could be carried out by the proposed WERO

NOT CARRIED FORWARD


25. To compile empirical evidence and carry out cost-benefit analysis that consider, inter alia, alternatives within and outside the IP system. These endeavors should form the basis of norm-setting activities that attain the objectives pursued with less monopoly of knowledge

NOT CARRIED FORWARD


26. To establish a mechanism, overseen by Member States, to ensure a continuous objective evaluation of the actual impact and costs of treaties that have been adopted, especially for developing countries

PCDA/4

3. To strengthen WIPO’s capacity to perform objective assessments of the impact of the organization’s activities on development.





CLUSTER E: INSTITUTIONAL MATTERS INCLUDING MANDATE AND GOVERNANCE



17. Proposal to reinvigorate the PCIPD

NOT CARRIED FORWARD


18. WIPO Partnership Office: Establish within the WIPO International Bureau a Partnership Office staffed by WIPO personnel deployed for the purpose of evaluating requests by Member States for assistance related to IPR and development and actively seeking to find partners to fund and execute such projects

PCDA/4

1. “To consider how to improve WIPO’s role in finding partners to fund and execute projects for IP-related assistance in a transparent and member-driven process and without prejudice to ongoing WIPO activities,”

PCDA/3 CLUSTER A

9. Request WIPO to create, in coordination with Member States, a database to match specific IP-related development needs with available resources, thereby expanding the scope of its technical assistance programs, aimed at bridging the digital divide.

The proposal is now for a database rather than an entire office; additional ways of matching partners will be considered as well.

19. To amend WIPO Convention, bringing it in line with WIPO’s mandate as an UN﷓specialized agency

NOT CARRIED FORWARD


20. To maintain the mandate of WIPO’s Advisory Committee on Enforcement within the limits of a forum for exchange of information on national experience, excluding norm﷓setting activities. The ACE agenda of discussion should also tackle how to best ensure the implementation of all TRIPS-related provisions, including those that provide for exceptions and limitations to the rights conferred

NOT CARRIED FORWARD


21. To reinforce WIPO’s member-driven nature as a United Nation system organization. That would include, inter alia, that formal and informal meetings or consultations held between Members or organized by the International Bureau upon request of the Member States should be held in Geneva, in an open and transparent manner that involves all interested Member States

PCDA/4

2. “In accordance with WIPO’s member-driven nature as a United Nations Specialised Agency, formal and informal meetings or consultations relating to norm-setting activities in WIPO; organised by the International Bureau, upon request of member states, should be held primarily in Geneva, in a manner open and transparent to all members. Where such meetings are to take place outside of Geneva, member states shall be informed through official channels, well in advance, and consulted on the draft agenda and program.”





CLUSTER F: OTHER ISSUES