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Ambassador Mothusi Palai (Botswana)
World Intellectual Property Organization (WIPO)
216. WIPO would like to thank the TRIPS Council for the opportunity to present WIPO's contribution in the area of green technology transfer. We would first like to highlight our Platform WIPO GREEN in the area of Intellectual Property and Transfer of Environmentally Sensitive Technologies. 217. WIPO GREEN is an interactive marketplace that connects green technology providers and those seeking innovative solutions to combat environmental challenges. It is an entry point for WIPO services in facilitating green technology transfer. We work on two principal components. The first one is the WIPO GREEN DATABASE which is freely accessible and offers a broad listing of needs for products, processes, know how transfer, collaboration and finance. It also offers products, services and IP assets. The technologies and needs cover: Administrative, Design or Regulatory Aspects, Agriculture / Forestry, Alternative Energy Production, Energy Conservation, Transportation and Waste Management. 218. The second of the principal components is the WIPO GREEN NETWORK that connects green technology providers and seekers, catalyzes mutually beneficial commercial transactions and offers other resources and services. 219. WIPO GREEN Charter has provisions on WIPO GREEN's Mission and Principles. WIPO GREEN is governed by the WIPO Secretariat and the WIPO GREEN Advisory Board. WIPO GREEN Advisory Board is composed of Partners. To become partners, organizations will have to agree in writing to the WIPO GREEN Charter and specify their contributions. 220. To list the benefits of WIPO GREEN when you join the network: you can get connected with large and small companies, intergovernmental and non-governmental organizations, universities, innovators and governmental agencies from around the world; identify green technology needs in different regions; find solutions to your needs; promote technologies; partner with others to develop, adapt and/or commercialize technologies; and access WIPO and third party resources and services to accelerate transactions and enter new markets. 221. WIPO GREEN addresses the following challenges: climate change and sustainable development along with achieving socially inclusive growth, enhancing the environment for innovation while enabling more efficient adaptation and deployment of green solutions and helping the public and private sectors stimulate innovation and technology diffusion. Another challenge is to reach out to different parts of the world with our mission. 222. The WIPO GREEN Network connects green technology providers and seekers and aims to catalyze mutually beneficial commercial transactions. The WIPO GREEN network features services offered by WIPO and third parties such as arbitration and mediation, roster of consultants and facilitators, links to funding opportunities, learning & training opportunities, IP management resources, opportunities to network, case studies illustrating tech transfer and collaborations, newsletter and twitter feeds. 223. The partner list of WIPO GREEN is growing continuously and as of today we have 47 partners. On WIPO GREEN our current emphasis is to facilitate deal making, broaden types of technologies and needs available on the database, integration with other platforms (e.g. AUTM, SS-GATE, HKTDC, Danish Patent & Trademark Office, etc.) and raise the profile of WIPO GREEN amongst the green tech community. 224. I would also like to inform you briefly on another platform, WIPO Re:Search. We at the Global Challenges Division have created this platform for sharing IP assets and resources (catalyzing R&D on NTDs, malaria, and tuberculosis) and work "beyond patents" with compounds, technologies, know-how, data, research facilities, hosting arrangements, etc.). BVGH, as the partnership hub administrator, actively facilitates specific collaborations between WIPO Re:Search Members. The broad aims of this platform are stimulating and sharing innovation to catalyze tech transfer and collaborations, reduce transaction costs, build on comparative advantages of multi-stakeholder approaches, and facilitate access to WIPO and third party services (e.g. Arbitration & Mediation) and constructively contribute to the global policy discourse. This is based on the recognition that IP rights are tools, not objects or objectives per se and users typically seek access to technologies, not just patent rights. 225. To summarize: WIPO Re:Search, encourages relevant public and private sector entities to join as providers and/or users, encourage national IP offices (or other relevant public entities) to join as supporters and funds-in-trust for hosting and training/capacity building. On the other hand WIPO GREEN informs public and private sector entities to use the platform to advertise their technologies or their technology needs, encourage relevant public and private join as partners to further develop the network and encourage national IP offices and organizations with relevant patents and products to cross-link data records. 226. The activities carried out by the Global Challenges Division find their basis on the following instruments: Agreement between the United Nations and the World Intellectual Property Organization(1974) - Article 1 of this Agreement provides that "The United Nations recognizes the World Intellectual Property Organization (hereinafter called the " Organization ") as a specialized agency and as being responsible for taking appropriate action in accordance with its basic instrument, treaties and agreements administered by it, inter alia, for promoting creative intellectual activity and for facilitating the transfer of technology related to industrial property to the developing countries in order to accelerate economic, social and cultural development…..". Similarly, the Agreement between the World Intellectual Property Organization and the World Trade Organization was signed in 1995 for a mutually supportive relationship between WIPO and the WTO. The Agreement provides cooperation in three main areas, namely notification of, access to and translation of national laws and regulations, implementation of procedures for the protection of national emblems, and technical cooperation. 227. The United Nations Framework Convention on Climate Change (1992) by Article 4.5 requires that the developed country Parties and other developed Parties included in Annex II shall take all practicable steps to promote, facilitate and finance, as appropriate, the transfer of, or access to, environmentally sound technologies and know-how to other Parties, particularly developing country Parties, to enable them to implement the provisions of the Convention. In this process, the developed country Parties shall support the development and enhancement of endogenous capacities and technologies of developing country Parties. Other Parties and organizations in a position to do so may also assist in facilitating the transfer of such technologies. 228. Within WIPO's Mandate, we work to contribute to global policy discussions at the interface of IP and climate change as well as facilitate green technology transfer in accordance with the UNFCCC (art 4.5). Within this mandate, Strategic Goal VII of WIPO addresses IP in relation to global policy issues. Program 18's goal is the functioning platform for uptake and diffusion of green technologies. 229. The development of the health and climate related platforms are also in line with WIPO Development Agenda Recommendation 2 which is on promoting the transfer of technology to the benefit of developing countries. 230. In light of the above, the Global Challenges Division was established in 2010 to deal with climate change, public health and food security. Our objective is to emphasize the positive relationship between innovation and IP, and show how IP can best be used for economic and social development. We participate as an observer at the UNFCCC meetings and organize side events on IP related issues. WIPO is also a forum for discussion - in July 2011 WIPO organized the Conference on Innovation and Climate Change in Geneva. We prepared a report on Global Challenges on Intellectual Property and the Transfer of Environmentally Sound Technologies. 231. Other activities outside the Global Challenges Division as far as technology transfer is concerned are the following: WIPO provides patent information. WIPO GOLD is a free public resource which provides a one-stop gateway to WIPO's global collections of searchable IP data. It aims to facilitate universal access to IP information. WIPO also has prepared patent landscape reports on climate change and energy on specific areas like the Report on Desalination Technologies and the Use of Alternative Energies for Desalination, Patent-based Technology Analysis Report – Alternative Energy Technology, Solar Cooking and Electronic waste recycling. 232. WIPO provides capacity building support for the management and transfer of green technologies, including assisting in drafting IP clauses in technology transfer agreements. Technology and Innovation Support Centers (TISC) are established to provide innovators in developing countries with access to locally based, high quality technology information services and other related services. 233. In addition to the above, WIPO recently became a CTC Network member. WIPO GREEN will act as the entry point for assistance requests from developing countries on IP and transfer of green technologies through CTCN. UNEP/CTCN is also a WIPO GREEN partner. 234. The Climate Technology Centre and Network (CTCN) is the operational arm of the UNFCCC Technology Mechanism and it is hosted and managed by UNEP in collaboration with UNIDO and with the support of 11 Centres of Excellence located in developing and developed countries. The CTCN promotes accelerated, diversified and scaled-up transfer of environmentally sound technologies for climate change mitigation and adaptation, in developing countries, in line with their sustainable development priorities. As defined by the Intergovernmental Panel on Climate Change (IPCC) climate technologies cover any piece of equipment, technique, practical knowledge or skills for performing a particular activity that can be used to face climate change. 235. There is also the WIPO Development Agenda, which was initiated to ensure that development considerations form an integral part of WIPO's work. The effective implementation of the Development Agenda, including the mainstreaming of its recommendations into our substantive programs, is a key priority. There are 6 different clusters of Development Agenda recommendations. One of the clusters is on Technology Transfer, Information and Communication Technologies (ICT) and Access to Knowledge. 236. The relevant Development Agenda recommendations for our activities can be listed as follows: • DA recommendation 19. To initiate discussions on how, within WIPO's mandate, to further facilitate access to knowledge and technology for developing countries and LDCs to foster creativity and innovation and to strengthen such existing activities within WIPO. • DA recommendation 25. To explore IP -related policies and initiatives necessary to promote the transfer and dissemination of technology, to the benefit of developing countries and to take appropriate measures to enable developing countries to fully understand and benefit from different provisions, pertaining to flexibilities provided for in international agreements, as appropriate • DA Recommendation 28. To explore supportive IP -related policies and measures Member States, especially developed countries, could adopt for promoting transfer and dissemination of technology to developing countries. To include discussions on IP -related technology transfer issues within the mandate of an appropriate WIPO body.
The Council took note of the statements made.
11.1. The Chairman said that this item had been put on the agenda at the written request by the delegation of Ecuador. He recalled that, at the Council's meeting in March 2013, Ecuador had briefly presented, under "Other Business", its submission entitled "Contribution of Intellectual Property for Facilitating the Transfer of Environmentally Rational Technology" (IP/C/W/585 in English and French, and IP/C/W/585/Rev.1 in Spanish) At Ecuador's request, the Council had continued this discussion at its subsequent meeting in June 2013 under agenda item "Intellectual Property, Climate Change and Development", and in October 2013 and February 2014 under the current heading.

11.2. The representatives of Ecuador, the United States, Switzerland, Cuba, Japan, Chile, the European Union, El Salvador, Canada, Brazil, China, World Intellectual Property Organization, Peru, Brazil, India, the Bolivarian Republic of Venezuela, and Nigeria on behalf of the African Group took the floor.

11.3. The Council took note of the statements made.

IP/C/M/76, IP/C/M/76/Add.1