G77 training
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This document discusses key issues around intellectual property (IP) and development. It notes that developing countries require flexible IP regimes to support innovation during early stages of development. A balanced IP policy considers both protection and access. The document outlines challenges developing countries face in IP policymaking and implementation. It identifies important IP-related issues being discussed in different international forums and stresses the need for coordination across these discussions.
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G77 training
- 1. Innovation, Science and Technology, and Development: Strategic Considerations for IP Negotiations First Annual G77 and China Course for Developing Country Negotiators: The Strategic Dimensions of Negotiations November 19-20, 2012 Geneva Nirmalya Syam
- 2. Innovation Technological change that leads to the introduction of new or improved products and processes R&D Absorption, diffusion and transfer of technology Reverse engineering
- 3. Stages of Technological Development Initiation stage: Technology imported as capital goods Internalization stage: Local firms learn through imitation under a flexible IPR regime Generation stage: local firms and institutions innovate through their own R&D
- 4. The Relevance of IP IP an incentive to reward inventors and creators to benefit society through the use of such inventions and creations and foster scientific and technological progress this court has consistently held that the primary purpose of our patent laws is not the creation of private fortunes for the owners of patents but is to promote the progress of science and useful arts ... (US Supreme Court in Motion Picture Patents Co., vs. Universal Film Mfg. Co. (243 U.S. 502, p.511, 1917))
- 5. The Relevance of IP IP does not mean innovation, it may deter innovation - Access to and diffusion of manufacturing technologies - Access to technologies for climate change
- 6. The Relevance of IP Innovation and creativity also require competition and follow-on innovation and creativity Governments in formulating IP policy need to balance between: - Providing IP protection - Providing access by competitors and consumers IP policy should be coherent with public policy areas of education, health, agriculture, environment, local employment, etc.
- 7. Striking a Balance The extent to which IP should be protected varies with the level of development of the country, priorities identified and among sectors. No 束 one-size-fits-all 損 model IP law Historical evidence: (Europe, USA, Rep. Korea) - Early stages of technological development require broad public domain for indigenous learning - Advanced stages of development require higher level of protection of technological assets - Even technologically advanced economies depend on competition and follow-on innovation
- 8. Development Oriented IP Policy - Challenges IP policy has to be integrated into different aspects of national development policies IP regimes must be in accordance with the realities of developing countries innovation systems are fragmented and weak, and depend overwhelmingly on foreign innovations very limited public sector investment in scientific activities domestic firms generate 束minor損 or 束incremental損 innovations derived from the routine exploitation of existing technologies
- 9. Development Oriented IP Policy - Challenges Lack of local expertise Technical assistance lack of appropriate development orientation Limited coordination on IP issues between related government departments Coercion exerted by developed countries to deter use of flexibilities and inappropriately raise standards of IP protection and enforcement Different components of IP (patents, trademarks, designs, copyright) may warrant different approaches
- 10. IP discussions in Multilateral Forum WTO Ideal framework WIPO UNFCC for cooperation: ITU UNAIDS UNCTAD UNDP Millennium Development Goals ISO Interpol UN Bilateral & IP Human Regional Trade & WCO Rights Reality: bodies Investment Agreements Focus on CBD UPU increasing IP protection & FAO UNEP enforcement ..but UPOV UNESCO CHANGING WHO UNIDO
- 11. Variety of issues: Traditional focus on Access, Affordability Production of Access to global Missapropriation of increasing standards and availability of medicines for public goods, i.e genetic resources of protection and medicines WIPO, diseases that clean air and and associated enforcement of IPRs WTO TRIPS mainly affect poor water WIPO, traditional and harmonization Council, WHO countries WHO UNFCCC, UNEP knowledge WTO CEWG, GSPOA. TRIPS Council, WIPO, CBD, Nagoya Protocol Impacts of patents Commodification Traditional Erosion of genetic Anti-competitive and PVP on small and privatization of knowledge resources leading practices scale farming and life forms, i.e. plants owners not to loss of diversity associated with IP sustainable and animals rewarded and or in animal and use, i.e. refusal to agriculture WIPO, WIPO, WTO respected plant varieties - license - WIPO WTO, UPOV WIPO IGC WTO TRIPS GRTKF, WTO Council, CBD TRIPS Council IP-related technical Lack of impact Impact of IP Lack of focus on Role of assistance assessment of IP on strategies of big improving collaboration and insufficient or development business on commercialization non-IP, i.e. open, inappropriate WIPO CDIP SMEs - WIPO and marketing of models for WIPO, WTO technologies innovation - WIPO Unforeseen Access to cutting Inoperability of Access to The scope of fair consequences of edge technologies technologies and research and use of copyrighted over IP-enforcement for economic systems due to IP educational works in digital WIPO ACE, WCO, development in standards materials WIPO form and sharing INTERPOL WIPO, UNFCCC WIPO, ITU SCCR over the Internet WIPO SCCR
- 12. Important Issues in Relevant Fora WIPO Mainstreaming development orientation in the technical assistance activities and norm-setting processes in WIPO; Implementation of the WIPO Development Agenda WTO, TRIPS Council Retaining maximum flexibility in designing laws and regulations for IP protection and enforcement; interface with CBD; UNFCCC The role of IPRs in relation to ensuring transfer of EST to developing countries WHO Implementation of the GSPOA-PHI; CEWG recommendations for an R&D Treaty; keeping IP enforcement out of discussions on quality, safety and efficacy of medicines in the SSFFC negotiations Bilateral Negotiations Resisting TRIPS plus provisions
- 13. Negotiating Considerations Coherence with national policy objectives - In multilateral, regional or bilateral negotiations, the outcome agreements should support domestic policy making on IP in accordance with development priorities in various sectors, and not constrict this policy space Coordination - Greater coordination among developing country negotiators within and across various fora where IP is a critical issue - Coordination between negotiators in CBD/Nagoya Protocol, FAO, WTO and WIPO - Coordination among negotiators in WIPO, WTO and UNFCCC - Coordination on bilateral and regional trade and investment agreement negotiators on IP chapters/provisions
- 14. How Can South Centre Assist Facilitate involvement of think tanks, research institutions, academics and civil society from the South on issues of IP and development Preparatory meetings Involvement of SC experts in technical assistance programmes SC assistance on national IP issues