Compte rendu ‒ Conseil des ADPIC ‒ Afficher les détails de l'intervention/la déclaration

Ambassador Mothusi Palai (Botswana)
United Nations Conference on Trade and Development (UNCTAD)
385. Responding to the mandate received from member States at the UNCTAD Ministerial Conference in Doha, as well as to inter-governmental requests under the WIPO Development Agenda, and the World Health Assembly's Resolution WHA 61.21 on a Global Strategy and plan of action on public health, innovation and intellectual property, the UNCTAD Secretariat, through its Intellectual Property Unit, implements a work programme on the development dimensions of IPRs. UNCTAD undertakes research and analysis on trade and development aspects of IPRs, responds to requests for technical assistance and advises on policy options on the interface between investment and intellectual property for a successful integration of developing countries into the world economy. I will provide you with a brief overview of UNCTAD's main areas of IP-related work in respect of technical assistance, research and policy analysis, and consensus-building. 386. First, in the area of technical assistance, UNCTAD conducts activities with developing countries in the integrated areas of investment, trade and intellectual property. These projects are on a request basis and are funded by donor governments and institutions. In the pursuit of a mandate from its Commission on Investment, Technology and Related Financial issues, UNCTAD, since 2006, has been implementing a programme on IPRs and local pharmaceutical production and supply capacity of essential medicines with the financial support of Germany and originally the United Kingdom. The overall objective of the programme is to assist developing countries and least developed countries to establish domestic IP regimes that facilitate increased access to affordable medicines and create local or regional pharmaceutical production and supply capacities in cooperation with investors. 387. Funded by the European Union, UNCTAD in cooperation with the World Health Organization as the lead agency, is examining coherence of policies in selected developing countries in respect of health, trade and industrial development. The overall objective of this exercise is to assist developing countries in building capacities to promote such coherence to ensure that local pharmaceutical production increases access to medicines. UNCTAD is conducting fact finding and subsequent capacity building activities in selected countries with the potential to serve the African market. 388. Since 2011 UNCTAD has been implementing a technical assistance programme on IP and biodiversity with the initial financial support from the Government of Germany. The programme focusses on the building of local capacities in developing countries to design and enforce domestic trade, customs and IP laws in line with access and benefit-sharing rules under the CBD, its Nagoya Protocol and the UN Declaration of the Rights of Indigenous Peoples. 389. UNCTAD produces, upon request by a developing country or a least developing country advisory reports on the development dimensions of intellectual property, in short DDIP. The objective of a DDIP report is to provide well researched and reasoned advice on developing countries' and LDCs' policies and institutional framework for IPRs, particularly as it relates to important development objectives such as innovation, technology, investment, competition, knowledge and education, and health. 390. Developing countries specify the key development objectives they wish to examine. In addition, a DDIP report will take into consideration the bilateral, regional and international commitments the target countries have entered into and the flexibilities available to them. Based on this analysis, the reports incorporate 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 respond to emerging global opportunities. 391. The aim is to present an analysis and recommendation designed to promote innovation and technology transfer as well as a pro-competitive and transparent domestic IP system. 392. Finally, UNCTAD 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 2014 WIPO-WTO Advanced Course on IP for Government Officials. Second, in the area of research and policy analysis, UNCTAD in 2014 published its handbook on the interface between global access and benefit-sharing rules and intellectual property entitled "The Convention on Biological Diversity and the Nagoya Protocol Intellectual Property Implications". It is available on the UNCTAD website and was presented to the Twelfth Conference of the Parties to the CBD in the Republic of Korea earlier this month. 393. The Handbook provides an overview of the international framework on IP and access and benefit sharing. It also analyses in detail issues such as disclosure of source or origin and additional tools, positive protection of traditional knowledge, the use of distinctive signs and private contract law. 394. Last but not least, consensus building amongst stakeholders of IP is an important element of UNCTAD's work. It provides a forum through its inter-governmental machinery where governments, academia, civil society and the private sector can meet to exchange ideas. For example, UNCTAD and UNAIDS jointly organized an event investing in sustainable and universal access to medicines at the UNCTAD World Investment Forum in Geneva on 14 October of this year. More detailed information on UNCTAD's activities related to IP as well as a list of activities conducted during the period of October 2013 to October 2014 is included in this Council's meeting documentation.
The Council took note of the statements made and agreed to revert to the matter at its next meeting.
11.1. The Chairman recalled that the Council had agreed, at its meeting in June 2014, to hold its annual review of technical cooperation at this meeting. He suggested that, in this context, Members also discuss any other issues relating to this agenda item.

11.2. He said that, 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 if they so wished. The Secretariat had issued on 24 July 2014 an airgram (WTO/AIR/4337) 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.

11.3. To date, the Council had received information from the following developed country Members: Australia; Japan; New Zealand; Canada; Switzerland; Norway; as well as the United States. The resulting documentation concerning the technical cooperation activities of developed country Members was circulated in document IP/C/W/601 and addenda. The report submitted by the European Union and individual member States, namely Austria; Bulgaria; the Czech Republic; Denmark; Estonia; Finland; France; Germany; Hungary; the Netherlands; Portugal; Slovenia; 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/601.

11.4. So far the Council had received updated information from the following intergovernmental organizations: the WCO, WHO, FAO; UPOV; WIPO; UNCTAD; as well as the GCC, which had been circulated in document IP/C/W/603 and addenda. Updated information on the WTO Secretariat's own technical cooperation activities in the TRIPS area had been made available in document IP/C/W/600. 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 due to the amount of information provided and the way of preparation. 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 also provided regular updates with respect to its work aimed at identifying ways of facilitating the submission, processing and circulation of information on technical assistance.

11.5. The representative of the WTO Secretariat informed the Council of its recent technical cooperation activities, including the Workshop on "Realizing Developmental Objectives of the Intellectual Property System: LDC Needs for Technical and Financial Cooperation" that had been organized back-to-back with the last Council meeting on 12-13 June 2014. Also the representative of the UNCTAD Secretariat introduced its report.

11.6. The representatives of Bangladesh; the European Union and Bangladesh, on behalf of the LDC Group took the floor.

11.7. The Chairman said that some of the information had been received very recently, and most of it was, so far, available only in its original language. Therefore, he suggested that an opportunity be provided to Members at the Council's next meeting to make further comments on the information submitted for this meeting.

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

IP/C/M/77, IP/C/M/77/Add.1