Ambassador Mero (United Republic of Tanzania)

United Nations Conference on Trade and Development (UNCTAD)

11 Technical Cooperation and Capacity-Building

368. The UNCTAD Secretariat through its intellectual property unit implements a work programme on the development dimension of IPRs. The work programme is designed to respond to the mandate received from Member States at the Ministerial Conference in Nairobi in July this year, as well as the intergovernmental request under the WIPO Development Agenda and the World Health Assembly Resolution 61/21 on a Global Strategy and Plan of Action on Public Health, Innovation and Intellectual Property. 369. UNCTAD conducts research and policy analysis on trade and development aspects of IP, facilitates consensus-building and responds to requests for technical assistance and advises on policy options on successfully integrating developing countries into the world economy. 370. As far as technical cooperation is concerned, on a request basis, UNCTAD conducts technical cooperation activities with developing countries in the integrated areas of investment, trade and IP. The technical assistance activities are partly funded by donor governments and institutions and can be divided into the following programmes: (1) IPRs, local pharmaceutical production and supply capacity of essential medicines. UNCTAD implements a work programme on local pharmaceutical production with a view to assisting developing countries and LDCs, in particular to utilize IPRs as tools that facilitate increased access to affordable medicines and where feasible to promote domestic and foreign investment to create local and regional pharmaceutical production and supply capacities. For example, UNCTAD, at the request of the Ethiopian Government, works closely with WHO on the implementation of the National Strategy and Plan of Action for pharmaceutical manufacturing development 2015-2025. The programme is supported by the German Federal Ministry of Economic Cooperation and Development; (2) Policy coherence for local pharmaceutical production. Funded by German International Corperation (GIZ), UNCTAD's work programme assists developing countries' efforts to promote coherence of policies in respect of health, trade and industrial development and ensure that local pharmaceutical production increases access to medicines. UNCTAD and GIZ pursue this activity on a regional basis in South-East Asia and the East African Community. Last week, UNCTAD provided substantive inputs and policy recommendations at the first international high-level multi-stakeholder workshop on promoting pharmaceutical sector investment in the East-African Community region in Nairobi, Kenya which was organized by the EEC Secretariat; (3) IPRs and technology transfer. In 2016, UNCTAD launched its technical assistance programme on IP, transfer of technology and trade facilitation with the financial support from the Government of Germany. The programme discusses the use of IPRs, such as trademarks, for trade facilitation. In addition, it focuses on the use of IP regimes for the promotion of technology absorption capacities. For example, UNCTAD, in cooperation with the National Agency for Industrial Property of Benin, organized in Cotonou a national workshop on IP, technology transfer and access to medicines in May 2016; (4) IPRs and biodiversity. UNCTAD's technical assistance programme on IP and biodiversity has focused on the building of local capacities in developing countries to design and enforce domestic trade, customs and IP laws in line with access and beneficiary rules under the Convention on Biological Diversity, the Nagoya Protocol and the UN Declaration of the Rights of the Indigenous People. For instance, UNCTAD, in cooperation with the Intellectual Property Office of the Philippines in May 2016 in Manila, organized a national workshop on the interface of IPRs, biological diversity and traditional knowledge; (5) Development dimension of IP, DDIP and other advisory reports. UNCTAD provides this open request by a developing country or LDC advisory report on the development dimension of intellectual property, DDIP. Developing countries specify the key development objectives they wish to examine. A DDIP report will take into consideration the socio-economic situation of the requesting country, the bilateral, regional and international commitments the target countries have entered into and the flexibilities available to them. Based on this analysis, the report incorporates medium to long-term recommendations on how governments and other stakeholders could make these frameworks more coherent and transparent with a view to making IPRs contribute to a country's sustainable economic and human development goals and responding to emerging global opportunities; and (6) Cooperation with other providers of IP-related technical assistance. Staff of UNCTAD's IP unit frequently participates in capacity-building workshops on IP and development issues organized by other providers of IP-related technical assistance. For instance, UNCTAD was invited by WIPO and WTO to contribute to the 2016 WIPO-WTO Advanced Course on IP for Government Officials. In September 2016, UNCTAD invited WHO, WIPO and WTO to make contributions to a multi-stakeholder workshop organized by UNCTAD, UNDP and South Africa's Department of Trade and Industry (the dti) in Pretoria, South Africa, on a proposed IP consultative framework. UNCTAD also participated in a Workshop organized by WTO and the DTI on the same topic. 371. As far as research and policy analysis is concerned, UNCTAD undertakes research and analysis on trade and development aspects of IP and provides an advisory report for developing countries. Currently UNCTAD is finalizing a guide to policy coherence for access to medicines and local pharmaceutical in collaboration with German International Cooperation. The guide is designed as a quick-reference tool for developing country policymakers on the various policies related to health, industrial development, trade, investment, innovation and IP, and how they may be used to contribute to local production and access to medicines. 372. Finally, consensus-building among stakeholders on issues of IP is an important element of the programme's work. UNCTAD participated as a member of the expert advisory group to the United Nations Secretary-General High-Level Panel Report on Access to Medicines. UNCTAD in collaboration with UNAIDS, the African Union and GIZ organized a round table discussion on supporting access to medicines and industrial development in Africa investing in domestic pharmaceutical manufacturing on 21 July 2016. In Nairobi, on the side of the UNCTAD Conference in July were investment forums. Representatives of the private sector, investors, civil society and governments participated in the round table. At the end of the event, UNCTAD's Secretary-General, Dr. Mukhisa Kituyi, UNAIDS Executive Director, Mr. Michel Sidibé, African Union Commissioner for Trade and Industry, Mrs. Fatima Acyl, Cabinet Secretary of the House Ministry of Kenya, Dr. Cleopa Mailu, and South Africa's Minister of Trade and Industry, Dr. Rob Davies, signed a statement on investment in access to medicines. The joint statement affirms the signatories' commitment to facilitate investment in local pharmaceutical production in Africa, particularly for the manufacture of anti-retroviral medicines in support of SDG3 which targets providing access to essential medicines for all, SDG9 to advance innovation and domestic technology development and SDG17 to foster international cooperation and policy coherence. 373. An entire list of activities for the period between 1 November 2015 and 15 October 2016 is attached to document IP/C/W/614/Add.1.

The Council took note of the statements made and agreed to revert to the matter at its next meeting.

57. The Chairman recalled that, at its meeting in June 2016, the Council had agreed to hold its annual review of technical cooperation at this meeting. In preparation for this annual review, developed country Members had been once more requested to update information on their technical and financial cooperation activities relevant to the implementation of the TRIPS Agreement in time for this meeting. Other Members who also made available technical cooperation had been encouraged to share information on these activities. The Secretariat had issued on 7 July 2016 an Airgram (WTO/AIR/IP/9) reminding Members of this request. In addition, intergovernmental organizations observers to the Council as well as the WTO Secretariat had also been invited to provide information.

58. To date, the Council had received information from the following developed country Members: Japan, Australia, Switzerland, Norway, Canada, the United States and New Zealand, circulated in document IP/C/W/617 and addenda. The report submitted by the European Union and individual member States, namely Austria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Latvia, Portugal, Romania, Spain, Sweden and the United Kingdom, had been made available as a room document on documents online and would also be circulated as an addendum to document IP/C/W/617. The Council had also received information on relevant technical cooperation activities from Mexico, circulated in document IP/C/W/615.

59. Updated information had been submitted by the following intergovernmental organizations: the FAO, UNCTAD, the OECD, the GCC, WHO, ARIPO, WCO and WIPO, circulated in document IP/C/W/614 and addenda. In addition, a report from UPOV had been received shortly before the meeting and would also be made available as an addendum to document IP/C/W/614. Updated information on the WTO Secretariat's own technical cooperation activities in the TRIPS area was available in document IP/C/W/618.

60. The Chairman said that these reports provided very valuable information both as regards details of specific activities, but also the broader policy considerations that were guiding capacity building activities of individual Members and Observers. Much of this resource remained largely untapped which might be due to the amount of information provided and the way in which this was done. In order to promote awareness and transparency, the Secretariat had repeatedly suggested that the information about specific activities be reported in table format. It had provided regular updates with respect to its work aimed at identifying ways of facilitating the submission, processing and circulation of information on technical assistance.

61. The representatives of Australia, Mexico, the United States and Colombia took the floor.

62. The representative of the Secretariat took the floor.

63. The representatives of ARIPO, the GCC, WHO and UNCTAD took the floor.

64. Since some of the information had been received only very recently, and most of it was available only in its original language, the Chairman said that he would provide Members an opportunity at the next meeting to make further comments on the information.

65. The Council took note of the statements made and agreed to revert to the matter at its next meeting.

IP/C/M/83, IP/C/M/83/Add.1