Synergies between IP governance and South –South Cooperation on IP and Development First WIPO Interregional Meeting on South-South Cooperation on IP Governance;

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Presentation transcript:

Synergies between IP governance and South –South Cooperation on IP and Development First WIPO Interregional Meeting on South-South Cooperation on IP Governance; Genetic Resources, Traditional Knowledge and Folklore; and Copyright and Related Rights 8 August 2012 Brasilia



South South Cooperation : Why ?  South South Cooperation (SCC) is a well established principle and priority in the United Nations system of which WIPO is a member.  1974: - First UN General Assembly resolution on SSC. - Establishment of UNDP special unit on SSC  2009: - The High-level UN Conference on South-South Cooperation is held in Nairobi, Kenya. - Requires UN agencies to support and implement SSC  SSC is not a substitute to North/South cooperation but a complement to it.

South South Cooperation in IP : Why ? (1)  It makes sense for countries with similar levels of development and views on IP to seek to benefit from their respective experiences  This is a fundamental premise of the WIPO Development Agenda : IP should take into consideration different in levels of development:  DA recommendation 1: WIPO technical assistance shall be development-oriented, taking into account different levels of development of Member States  DA recommendation 15: Norm-setting activities shall take into account different levels of development

South South Cooperation on IP : Why ? (2)  Changes in global geography/landscape of innovation provide further momentum to SSC on IP and development:  Increase of IPRs applications from a number of emerging and developing economies  Development of IP regimes in developing countries  Increase of IP expertise in developing countries  Regionalization of IP cooperation  Increase of SSC on the ground and in different fora 

SSC on IP and Development: What do we mean? Two different aspects USE OF IP FOR DEVELOPMENT Use of IPRs for economic development IP administration Infrastructure supporting the use of the IP system DEVELOPMENT ORIENTED IP Balanced IP regimes Use of flexibilities, limitations and exceptions in IP rules Ensuring that IP is supportive of public policy objectives

SSC on IP and Development: A mapping of issues USE OF IP FOR DEVELOPMENT (1) IP policies and domestic coordination IP policies and strategies : Elaboration and implementation of IP policies and strategies Domestic coordination on IP: Need for an institutional inter-agency mechanism to coordinate domestic and international positions on IP (Brazil GIPI model)

SSC on IP and Development: A mapping of issues USE OF IP FOR DEVELOPMENT (2) Use of IPRs for economic development Patents : Use of patents by industry and public research institutions Copyright : Creative industries more advanced in some developing countries than others GIs, Trademarks and Industrial designs: Use by local industry and stakeholders

SSC on IP and Development: A mapping of issues USE OF IP FOR DEVELOPMENT (3) IP administration Patents: Search and examination of patent applications (Pro Sur initiative, fast tracking of “green” patents) Copyright: Collective management GIs, Trademarks and Industrial designs: Processing trademark applications, Implementing GI regulations

SSC on IP and Development: A mapping of issues USE OF IP FOR DEVELOPMENT (4) Infrastructure supporting the use of the IP system Promoting innovation and technology transfer: Elaboration and implementation of innovation strategies and plans Different approaches : “frugal innovation” in India and “indigenous” innovation in China Innovation and technology infrastructure: Strengthening scientific and R&D institutions

SSC on IP and Development: A mapping of issues DEVELOPMENT ORIENTED IP (1) Aligning IP with development and public policy objectives IP/public policies: Ensuring coherence and domestic coordination in formulation and implementation of IP/public policies Participation in international fora: Ensuring coherence and coordination in (WTO/WIPO and IP fora/CBD, WHO, UNFCCC etc )

SSC on IP and Development: A mapping of issues DEVELOPMENT ORIENTED IP (2) Use of flexibilities, limitations and exceptions Sharing of experiences in using flexibilities and L&E: Some developing countries have more practical experience in this area (Brazil, India, China, Thailand, Malaysia etc..) Reform of national IP laws: A number of developing countries have reformed/or are in the process of reforming their IP laws (India, Chile etc) Public domain related issues

SSC on IP and Development: A mapping of issues DEVELOPMENT ORIENTED IP (3) IP negotiations International level: better coordination at the multilateral level between developing countries Regional level and bilateral level: sharing of experiences in negotiating and implementing FTAs

SSC on IP and Development: A mapping of issues DEVELOPMENT ORIENTED IP (4) Genetic resources, Traditional Knowledge and TCEs/Folklore Genetic resources: implementing disclosure requirements in patent laws and use databases Traditional knowledge and TCEs/Folklore: laws and regimes on TK protection

SSC on IP and Development: A mapping of issues DEVELOPMENT ORIENTED IP (4) Genetic resources, Traditional Knowledge and TCEs/Folklore Genetic resources: implementing disclosure requirements in patent laws and use databases Traditional knowledge and TCEs/Folklore: laws and regimes on TK protection

SSC on IP and Development and IP governance Some suggestions Annual “thematic” meeting on SSC Further institutionalisation and mainstreaming of SSC throughout WIPO activities Consolidation of lessons learned and best practices

Thank you