WIPO Development Agenda Research Articles

Building respect for intellectual property—The journey toward balanced intellectual property enforcement

AbstractThis paper provides a succinct history of how multilateral dialogue on intellectual property (IP) enforcement developed since the Agreement on Trade‐related Aspects of Intellectual Property Rights (TRIPS Agreement) came into effect in 1995. The early years of multilateral IP enforcement dialogue were politically volatile and turbulent; while some states strove for a further increased level of international IP enforcement, others requested to extend the transitional period to implement the minimum standards under the TRIPS Agreement. With the adoption of the WIPO Development Agenda in 2007, however, this situation started to change, and international dialogue shifted from a merely punitive conception of IP enforcement to the more holistic concept of building respect for IP. To understand the trajectory of this evolution, this article describes several IP enforcement initiatives that were undertaken somewhat contemporaneously at different international organizations, but which ultimately did not secure consensus. From this point, this paper elaborates on the concept of building respect for IP, examining its origins, its development at WIPO and the profound impact it has had on multilateral dialogue on IP enforcement, demonstrating how a development‐oriented shift in international IP policy has triggered a multilateral transformation in a more balanced, inclusive light.

Independent External Review of WIPO Technical Assistance in the Area of Cooperation for Development, WIPO: Geneva

The Independent External Review was commissioned by the WIPO Secretariat at the request of Member States as part of the WIPO Development Agenda. It examines the orientation, relevance, coordination, management and impact of WIPO's activities in the area of cooperation for development. Submitted in September 2011, WIPO Members established an ad hoc working group to discuss the report's findings and recommendations.

Human Rights Perspective on the Role of WIPO in Promoting Intellectual Creativity

The thesis is concerning the lack of emphasis of human rights in the works and treaties of World Intellectual Property Organization. So, it looked at finding a human rights framework for World Intellectual Property Organization, which would provide greater accessibility and participation by the society. In order to frame it, the impacts of intellectual property on human rights were analyzed. The implementation of the WIPO Development Agenda was also considered and its contribution along with the participation of NGOs towards the building of such a framework was evaluated. The thesis finds that as there is nothing in the WIPO mandate which prevents WIPO from emphasizing human rights to a greater extent, the integration of human rights into intellectual property policies in the future implementation of the WIPO Development Agenda would be an advancement in building a human rights framework for WIPO.

The curious absence of human rights: Can the WIPO Development Agenda transform intellectual property negotiation?

This article examines international negotiation of global intellectual property protection standards. Developing countries favour more flexible international rules, while developed countries push for higher mandatory protection levels. Developing countries base their positions on primary principles of intellectual property law: its public purpose and its commitment to balancing costs and benefits. This negotiating stance has not been effective; developed states counter-argue that stronger protection achieves the same ends. The article examines the resulting circular discussions at the 2001-2003 WTO Doha negotiations on TRIPS and Public Health, and the WIPO Development Agenda talks since 2004. The contention is that the negotiation impasse stems from an inability to move beyond the cost-benefit tension inherent in the patent system. Intellectual property theory cannot provide a bottom line at which short-term costs of patent monopolies must be deemed unacceptable, regardless of anticipated longer-term benefits. Recently, developing countries have celebrated the WIPO Development Agenda as a “paradigm shift” in the approach to international IP protection. The author argues that the Development Agenda will not necessarily change anything, and that developing countries should introduce human rights standards into discussions if they want to move the debate forward. Human rights standards can be used as benchmarks to assess whether IP rules promote public benefit and achieve an acceptable balance between rights of patent-holders and the broader public interest. The article shows how the ICESCR can be used to support a human rights-based argument.

Implementation of the Technical Assistance Principles of the WIPO Development Agenda

The challenges of improving the development orientation of the World Intellectual Property Organization's (WIPO) capacity building and technical assistance (TA) have been a major subject of discussion since the proposal to establish a WIPO Development Agenda was put forward in 2004. While the scope of the Development Agenda is broad, as reflected in 45 recommendations adopted by WIPO member states in 2007, this article focuses specifically on recommendations that address TA. Importantly debates on TA are closely linked to overarching tensions within and between many developing and developed countries, and among WIPO's stakeholders, about what are—and should be—the organization's mandate and priorities, and, more fundamentally, the role of intellectual property in development. This article sets out the history, scope, financing and scale of WIPO's TA and the core elements of the critique of this assistance. It presents a sampling of the WIPO secretariat's efforts thus far to respond to WIPO Development Agenda recommendations in the area of TA and reviews the lessons learned for WIPO member states regarding what development-oriented TA means. Drawing on these lessons, the article concludes with proposals for concrete measures and options that WIPO members and the secretariat could pursue.

Library exceptions in the copyright laws of Ibero-American countries

The development of the digital setting has made it absolutely necessary to revise copyright legislation as a whole, including the exceptions that benefit libraries and similar institutions. Unfortunately, adaptation to the new technological reality is not taking place satisfactorily in most countries — the predominating trend is a refortification of copyright as opposed to user interests, and the maintenance of a certain pre-digital philosophy. In the case of Ibero-America the problem is twofold: aside from obsolescence or a lack of adaptation to the new technological setting, there are countries that have not yet included library-related exceptions in the national laws. Moreover, these happen to be developing countries, whose needs and interests do not coincide with those of the richer nations who paved the path to be followed by international treaties and copy- or copyright agreements. This study looks into the situation of exceptions to copyright to benefit libraries in the countries constituting Ibero-America, with a comparative analysis of the most significant characteristics of their national laws. It is concluded that it is crucial for these countries to take advantage of the options offered through the WIPO Copyright Treaty of 1996 and the results of the WIPO Development Agenda to update their legislation, in order that copyright will be respected, while at the same time making it easier for libraries to continue carrying out their social function in an adequate manner, always with the understanding of the developmental context of these countries.

The WIPO development agenda and the contribution of the international library community

Purpose – The purpose of this paper is to analyze the international strengthening of copyright law in developing countries and the active involvement of the international library community in the movement against it.Design/methodology/approach – The paper describes the overprotection of intellectual property rights through international and bilateral treaties, the reaction against such through the proposal of a WIPO development agenda, and the contribution of the international library organizations to the debates and discussions in the WIPO arena.Findings – The initiative for a development agenda for WIPO has proven much more successful than many had imagined, even its promoters. The most relevant proposals made by the international library community were included in the final list of approved recommendations.Originality/value – The paper raises awareness of the relationship between copyright and access to knowledge and, in consequence, the need for library organizations to exert influence in such legisla...

Negotiations for WIPO Development Agenda: A Human Rights Perspective

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.

Intellectual Property Issues in ICT4D (Information and Communication Technologies for Development)

This report, prepared for Canada's International Development Research Centre, reviews intellectual property issues in the area of information and communication technologies for development (ICT4D). Issues covered include open access, Creative Commons, free and open source software, copyright limitations and exceptions, traditional knowledge, collective management organizations, competition policy, the WIPO development agenda, and the draft Access to Knowledge Treaty as they relate to intellectual property and developing countries.