Actas - Consejo de los ADPIC - Ver detalles de la intervención/declaración

Ambassador Choi Hyuck (Korea)
312. The representative of Brazil said that the document provided by WIPO (IP/C/W/456/Add.3) appeared to set the information on technical cooperation within the context of a development agenda of WIPO, which was a proposal by Brazil, Argentina, and 12 other developing countries and supported by an even greater number of developing countries in WIPO. The development agenda was an all-encompassing, very broad type of platform proposal to mainstream development concerns into all different WIPO activities, including norm setting, transfer of technology, technical cooperation and issues related to governance of WIPO and its mandate as a UN agency. In his view, the WIPO paper seemed to give the impression that the issue of a development agenda for WIPO could be narrowed down into a few technical cooperation activities. These technical cooperation activities did not translate into the concept of the proposed development agenda. In its submission, the WIPO Secretariat seemed to have attempted to indicate that it was sensitive to development issues in response to certain criticisms that had been made in the context of the development agenda regarding the way in which WIPO promoted IP treaties and the enforcement of those treaties in the developing world through its technical cooperation programme. As an example, he referred to paragraph 4 of the document, where WIPO had mentioned that the second priority area was to provide legal and general advice on using the flexibilities in the TRIPS Agreement and WIPO treaties in developing countries. To that date, his delegation had not seen any examples of this. Such a statement should be further elaborated with concrete facts. He said that, in the area of technical cooperation, WIPO had basically seen its role as an agency for enforcement of obligations contained in IP treaties in the developing world, instead of giving a more balanced view of the system and promoting in developing countries both the obligations and the rights of these countries under those treaties. By "the rights" he meant the rights to use also the flexibilities contained in all of those treaties which were part of the balance of the IP system.