[AfrICANN-discuss] WIPO Development Committee Completes Work; Creates Technical Cooperation Review Group

[Anne-Rachel Inné]

 WIPO Development Committee Completes Work; Creates Technical Cooperation
Review Group [image: Available for IP-Watch Subscribers]
http://www.ip-watch.org/weblog/2011/11/18/wipo-development-committee-completes-work-creates-technical-cooperation-review-group/?utm_source=post&utm_medium=email&utm_campaign=alerts
Published on 18 November 2011 @ 11:54 pm

By William New <http://www.ip-watch.org/weblog/author/william/>,
Intellectual Property Watch

The World Intellectual Property Organization Committee on Development and
Intellectual Property (CDIP) successfully completed its eighth session
tonight, making progress on a range of projects and agreeing to set up an
ad hoc working group to examine an external report on the UN agency’s
global provision of technical assistance.

The CDIP met from 14-18 November, and worked through a complex agenda of
numerous documents and issues that constitute the implementation of the
2007 Development Agenda. Documents for this week’s meeting are
here<http://www.wipo.int/meetings/en/details.jsp?meeting_id=22206>.


The committee agreed on a meeting summary by the chair, Ambassador Abdul
Hannan of Bangladesh, making late changes to the text that were not
reflected in writing at the end of the meeting. A copy of the latest paper
copy of the draft chair’s summary is
here<http://www.ip-watch.org/weblog/wp-content/uploads/2011/11/CDIP-Draft-Chairs-Summary-Nov-2011.pdf>[pdf].

Several items in the chair’s summary were changed from this last print
version, including items 5, 10, and 18 (all of which show incompletion).

On item 5 in the chair’s summary, which relates to a description of the
contribution of relevant WIPO bodies to the implementation of Development
Agenda recommendations (document CDIP/8/6), the clause *[note: official
language to be confirmed]* was completed to say: “… the Committee agreed to
continue consultations at the level of Group Coordinators and interested
delegations in the intervening period before its next session. The
Committee agreed to continue discussions on the document at its next
session,” according to participants. But clarifications were also made to
say that consultations will be on the coordination mechanism for the
Development Agenda implementation, and not document CDIP/8/6.

Item 10 relates an “External Review of WIPO Technical Assistance in the
Area of Cooperation for Development,” document CDIP/8/INF/1, and it was
agreed to set up an ad hoc working group to go through the text. The group
was given modalities to follow, available here
<http://www.ip-watch.org/weblog/wp-content/uploads/2011/11/CDIP-TA-Review-Group-Modalities.pdf>[pdf]
(and also in the draft chair’s summary), which were somewhat changed from
draft modalities circulated earlier in the day (*IPW*, WIPO, 18 November
2011<http://www.ip-watch.org/weblog/2011/11/18/debate-at-wipo-over-process-for-technical-assistance-review/>).


The modalities include being open to regional coordinators and other
interested delegates (it is unclear if this includes non-governmental
observers) and facilitated by the WIPO secretariat. There will be no
additional budget for the group, the secretariat will provide some response
to the report to feed into the group, and the group will meet between now
and the next CDIP meeting, to take place in May. At least one day will be
set aside in the next CDIP to discuss the report and analysis. It was
emphasised by the United States and possibly others that setting up the
working group does not represent a precedent as this is a unique case of a
long report received by members shortly before the meeting.

On item 18 of the chair’s summary, pertaining to document CDIP/6/12/Rev.,
on a proposal for a CDIP new agenda on IP and development – a carryover
from two CDIP meetings ago – developing countries said they were
“disappointed” that the agenda item was again put off till the next
meeting.

Overall during the week, according to participants, the committee spent
significant time on document CDIP/8/2, which covered progress reports on
projects and Development Agenda recommendations. Some concern was expressed
by members over work falling behind schedule, or having unspent budget
resources. A table showing the work and budget status of various projects
was circulated during the week, and is available here
<http://www.ip-watch.org/weblog/wp-content/uploads/2011/11/CDIP-table-of-projects-Nov-2011.pdf>[pdf].


This document was referenced in item 4, and a late sentence was added to
the chair’s draft. Pakistan on behalf of the Asian Group proposed to add a
line, slightly modified in floor discussion that said*[to be confirmed in
official form]*: “While taking note of the tabulated paper on project
reports, the committee stressed the need for timely compliance of all the
ongoing projects and optimum utilization of resources allocated.”

Other work

On CDIP/7/INF/2, a scoping study on copyright and related rights and the
public domain, the committee discussed the document which carried over from
the last CDIP session, and asked the secretariat for more information on
three of the 15 recommendations.

The three recommendations under consideration are:

C.1 (c) The voluntary relinquishment of copyright in the works and
dedication to the public domain should be recognised as a legitimate
exercise of authorship and copyright exclusivity, to the extent permitted
by national laws (possibly excluding any abandonment of moral rights) and
upon the condition of a formally expressed, informed and free consent of
the author. Further research could certainly be carried out on that point.

(f) International endeavours should be devoted to developing technical or
informational tools to identify the contents of the public domain,
particularly as far as the duration of copyright is concerned. Such tools
can be data collections on works, databases of public domain works, or
public domain calculators. International cross-operation and
cross-referencing of such tools is of particular importance.

2. (a) The availability of the public domain should be enhanced, notably
through cooperation with cultural heritage institutions and UNESCO (through
its work on the preservation of intangible cultural heritage).

The document CDIP/7/INF/2 will be held open for discussion and possible
implementation for next meeting.

Other areas of work during the week included modifying the text of a paper,
document CDIP/8/3, from the secretariat on intellectual property and
informal economy. A key modification was to remove from the paper’s focus
specific attention to counterfeiting and piracy, and to keep the focus on
innovation and the informal sector. The marked-up version will be available
here shortly.

The committee also substantially revised a project on patents and the
public domain, document CDIP/7/5. The revised, marked-up version will be
available here soon.

The late but successful conclusion of the eighth session was seen as
positive after the last session ended in a suspension of the meeting and
had to be finished at the start of this week (*IPW*, WIPO, 15 November
2011<http://www.ip-watch.org/weblog/2011/11/15/wipo-development-committee-kicks-off-with-compromise/>).


“The suspension last time was a matter of disappointment,” Irfan Baloch,
secretary to the CDIP and director of the WIPO Development Agenda
Coordination Division, told *Intellectual Property Watch* afterward. “In
multilaterism, you have to keep in mind there has to be compromise.”

Boumediene Mahi of the Algerian delegation, who represented the Development
Agenda Group this week, told *Intellectual Property Watch* afterward that,
“In general, the CDIP is working well, making good progress.” He said the
group has agreed to many projects, but “We still have many things to do.”
Generally speaking, though, he said, “We are satisfied with the progress of
the group.”
Related Articles:

   - Debate At WIPO Over Process For Technical Assistance
Review<http://www.ip-watch.org/weblog/2011/11/18/debate-at-wipo-over-process-for-technical-assistance-review/>
   - WIPO Development Committee Kicks Off With
Compromise<http://www.ip-watch.org/weblog/2011/11/15/wipo-development-committee-kicks-off-with-compromise/>
   - WIPO Committee On Development Agenda Suspended, Discussions
Bogged Down<http://www.ip-watch.org/weblog/2011/05/07/wipo-committee-on-development-agenda-suspended-discussions-bogged-down/>
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