Negotiations for WIPO Development Agenda: A Human Rights Perspective

Abstract

The WIPO Development Agenda process is an opportunity for WIPO Member States to mainstream development concerns into WIPO's activities and ensure that international IP systems take into account development goals and human rights obligations. Moreover, the WIPO Development Agenda discussions provide an invaluable opportunity for WIPO to embrace fully its UN specialized agency status and develop policies that are coherent with the development objectives of the UN as a whole. Human rights law supports more development friendly IP policies. Development advocates and decision-makers can draw on human rights rules and mechanisms to ensure that IP policies are adapted to development goals and consistent with the human rights obligations of States. Finally, it must not be forgotten that beyond WIPO are many additional fora where TRIPS-plus rules are being advanced. Most prominent in this respect are TRIPS-plus rules in bilateral and regional trade agreements which threaten realization of development goals and the fulfillment of human rights obligations. Beyond WIPO, bilateral technical assistance is also a source of concern. States which pursue TRIPS-plus policies, whether through WIPO, bilateral trade agreements or technical assistance are often acting inconsistently with their human rights obligations and those concerned with pro-development IP policies should use all available mechanisms to hold them accountable to their human rights obligations.