September 27, 2004
The undersigned NGOs fully welcome and support the presentation of a proposal for the Establishment of a “Development Agenda” for the World Intellectual Property Organization (WIPO), introduced by Brazil and Argentina. It will be discussed at the WIPO General Assembly beginning on September 27, 2004.
Over the last few years developing countries and development-oriented non-governmental organizations (NGOs) have raised serious questions regarding the impacts of intellectual property rules on the socio-economic, cultural and sustainable development of developing countries. The idea that intellectual property protection is not an end in itself but rather a tool for development has repeatedly been raised by developing countries not only in WIPO but also in other major international organizations including the World Trade Organization (WTO) and the United Nations Conference on Trade and Development (UNCTAD). Independent bodies such as the Commission on Intellectual Property Rights and developed country governments such as the United Kingdom have also recognized that the development dimension is an integral part of any consideration of matters concerning intellectual property y standards.
The proposal to establish a development agenda for WIPO thus crystallizes many of the concerns previously raised by developing countries as well as by many NGOs around the world and reaffirms the urgent need for WIPO to undertake a focused and exhaustive discussion to include the development dimension in its programs and activities. We agree that WIPO, as a specialized agency of the UN system, cannot remain secluded from the international community commitments and efforts for achieving sustainable development. WIPO, in undertaking its activities and formulating its programs, must be guided by the development goals of the UN, particularly the Millennium Development Goals, and respond to the significant problems posed by intellectual property protection for developing countries. Critical issues for development raised by the proposal include the need for ongoing norm-setting activities to take into account the importance of public interest flexibilities and the need for WIPO to identify and take measures to facilitate transfer of technology to developing countries. It is also crucial to secure development-oriented technical cooperation and assistance for developing countries as well as to extend the active participation, both at international and national level, of pertinent stakeholders in the discussions and activities undertaken by WIPO. We urge WIPO to correct the use of the terminology, fully distinguishing between user organizations and public interest NGOs.
The proposal by Brazil and Argentina constitutes an unparalleled opportunity for all developing countries and development-oriented NGOs to put on WIPO’s agenda the issue of development. We urge developing countries and NGOs to support the initiative. It should be seen as the beginning of a process in which the measures and ideas put forth will be complemented with the thoughts and suggestions of other developing countries and development-oriented NGOs. We expect to be able to participate constructively in this process by providing recommendations and proposals aimed at ensuring that development and social concerns, including those of key sectors of society affected by intellectual property protection, such as indigenous peoples, women, small farmers, and rural communities, are fully integrated into WIPO’s activities and programs.
Signed:
ActionAid International
Center for International Environmental Law (CIEL)
Colectivo El Rebelde – Yucatán, México
Instituto Mexicano para el Desarrollo Comunitario
International Trade and Gender Network (IGTN)
Institute for Agriculture and Trade Policy (IATP)
Oxfam International
Public Services International (PSI)
Red Mexicana de Accion Frente al Libre Comercio
Southern and Eastern African Trade Information and Negotiations Institute
(SEATINI)
Third World Network (TWN)
WTO-WatchGroup – Pakistan