Nothing for us, without us: growth and diversity in observers participation in WIPO

Abstract

WIPO and the international unions it administers are essentially and designedly intergovernmental in character, a defining quality that flows through WIPO's governance structure and processes. Yet non-governmental actors – other IGOs and especially international and national NGOs – have at times exercised considerable influence on the work of WIPO and ultimately on the choices made by governments, despite their distinct and lesser status as observers. The nature, source and direction of this influence have evolved and diversified since WIPO was established. This chapter maps this evolution and discusses its implications for a general understanding of the international governance of IP law and policy and its wider political context. Following a general account of the evolution of observers’ participation in WIPO and its antecedents, the analysis considers two critical developments from the year 2000: a concerted campaign by civil society actors to exert an influence on par with conventional IP interest groups, and significant steps taken in the ‘traditional knowledge’ debate towards diversity and inclusiveness, not only in terms of effective participation in policy dialogue and negotiation but also in the very conception of ‘intellectual property’ that WIPO, as a specialised UN agency, should address.