‘QUANTUM LEAP’ IN INTELLECTUAL PROPERTY SYSTEMS OF LEAST DEVELOPED COUNTRIES CALLED FOR AT THEMATIC SESSION OF BRUSSELS CONFERENCE

‘QUANTUM LEAP’ IN INTELLECTUAL PROPERTY SYSTEMS OF LEAST DEVELOPED COUNTRIES

CALLED FOR AT THEMATIC SESSION OF BRUSSELS CONFERENCE

(Received from a UN Information Officer.)

BRUSSELS, 15 May -- “Intellectual Property and Development -- An Instrument for Wealth Creation” was the topic of an interactive thematic session held this afternoon, as the Third United Nations Conference on Least Developed Countries continued in Brussels.

A major theme of the discussion focused on how to -- as described by the World Intellectual Property Organization (WIPO) -- bring about a “quantum leap” in the development of the intellectual property systems in the least developed countries (LDCs).

Roberto Castelo, WIPO Deputy Director General, told delegates that the urgent and immediate needs of the LDCs should be addressed in “deliverables” that were relevant, focused and addressed to their specific needs.  The situation in those countries needed not only solidarity –- it required tangible and quick results.  Coordinated assistance from partners was needed on various levels, and WIPO had been very active in moving along those lines. 

He said the acquisition of technology and transfer of knowledge were at the root of development.  Without them, the LDCs could not develop their capacities.  To that end, WIPO recognized the need to develop professional people who could build LDC capacity in intellectual property, which manifested itself not only in the expansion of the number of patents, but was related to food security, electronic commerce, health, genetic resources and so on.  He described a number of WIPO initiatives that would be deliverable, now and in years to come.

The Secretary-General of the United Nations Conference on Trade and Development (UNCTAD), Rubens Ricupero, said today’s discussion should lead to “deliverables”, which should not be interpreted as a repetition of the main principles of general policy.  Instead, the concrete application of general principles in everyday life was needed, in order to help the LDCs to cope with the challenges of development. 

During the interactive session that followed the opening statements, several speakers shared their countries’ experiences regarding copyright and intellectual property protection, supporting WIPO and existing international instruments on intellectual property as effective measures in that respect.  Such problems as the digital divide, the lack of new technology, and absence of legal experience in the intellectual property sphere were mentioned in the debate.

While full support for the LDCs was needed in order to ensure proper rewards for technological innovations, attention should also be paid to traditional knowledge, a participant in the discussion said.  It was also pointed out that in Africa there was a contradiction between the need to provide medicines free of charge to those who needed them and the interests of patent-holders.  Local structures and legal capacity needed to be strengthened to address that problem. 

This afternoon’s session was facilitated by Fredo Betsimifira, Minister of Information, Culture and Communications of Madagascar, and Ronaldo Sandenberg, Minister of Science and Technology of Brazil.

At 9:30 a.m. tomorrow, 16 May, the Conference will hold another interactive thematic session on “Enhancing Productive Capacities:  The Role of Health”.

Background Paper

A background paper was prepared for the session by the World Intellectual Property Organization (WIPO) (document WIPO/LDC/2001/1) in which it identifies “deliverables” to the least developed countries (LDCs) in the current decade, which fall under the headings:  transfer of knowledge; the WIPO Worldwide Academy; the WIPO Global Information Network (WIPONet); collective management of copyright and related rights; traditional knowledge, genetic resources and folklore; and small- and medium-sized enterprises.

The report states that LDCs, given the enormous structural programmes they face in building institutions in the field of intellectual property, require a special programme with vision and resources “to bring about a quantum leap in the state of their intellectual property systems”.  It goes on to describe a number of existing WIPO programmes that contribute to that end.  For example, the WIPO Worldwide Academy designs programmes and produces materials to help promote the teaching of intellectual property in the LDCs, with, among others, a distance-learning programme and advanced training courses for managers and staff of intellectual property offices.

In connection with WIPONet, a global information network on intellectual property, the organization is providing LDCs with office automation software, including electronic data exchange services.  The WIPO has also created a strategy for LDCs to create a set of national collective management societies for copyright and related rights, as well as linking national societies of LDCs via the Internet to a centre, so that hardware, software, management and data resources can be shared.  The WIPO is also exploring ways in which the creativity and innovation can be made available to holders of traditional knowledge by means of the intellectual property system.  It is also working with relevant institutions to improve their ability to supply intellectual property services to small- and medium-sized enterprises in LDCs, which it says “are often the driving force behind invention and innovation”.

Thematic Session:  Intellectual Property and Development

At the opening of the session, the Secretary-General of the United Nations Conference on Trade and Development (UNCTAD), RUBENS RICUPERO, said that the intention of the organizers of the Conference had been to replace a succession of formal statements in so-called general debate with live interaction between the participants.  In the case of LDCs, a number of problems must be addressed, ranging from peace and security to the transfer of technology.  The hope was that participants of the Conference would really interact with one another in the search for practical ideas and pragmatic solutions.  The discussion should lead to “deliverables”, which should not be interpreted as a repetition of the main principles of general policy.  Instead, the concrete application of general principles in everyday life was needed, in order to help the LDCs to cope with the challenges of development.  He was particularly pleased that two ministers -– from Madagascar and Brazil -- would take part in today’s discussion.  He hoped their experience would be a useful contribution to the work of the session.

ROBERTO CASTELO, Deputy Director General, World Intellectual Property Organization (WIPO), said that with the development of information and communications means, technological progress had recently reached unprecedented proportions.  In terms of globalization, it was necessary to make sure that all countries benefited from the intellectual property system. 

At the beginning of the new millennium, when economies were becoming knowledge- and information-based, the LDCs faced great challenges, he continued.  All solutions needed to address the requirements of those countries.  The LDCs had many choices in terms of technology, and it was necessary to identify relevant aspects of the problem in order to focus on them.  The urgent and immediate needs of the LDCs needed to be addressed in deliverables that were relevant, focused and addressed to their specific needs.  The situation in those countries needed not only solidarity -– it required tangible and quick results.  Coordinated assistance from partners was needed on various levels, and WIPO had been very active in moving along those lines. 

He was very happy that WIPO and UNCTAD were working together, he continued.  In preparation for the Conference, three regional meetings had been held for African, Arab and Asian and Pacific LDCs, as well as a national seminar for Haiti.  Last February, a ministerial meeting had been held in Lisbon, Portugal, to deliberate on the forward-looking theme of “Innovation, Knowledge Society, Intellectual Property and the Least Developed Countries”.  The meeting adopted a Lisbon Declaration, which identified a wide range of objectives, including the need to transfer knowledge to the LDCs, as part of WIPO’s contribution to the eradication of poverty.  The WIPO was requested to identify priorities that needed to be addressed.  He was now submitting to the Conference the results of its work.

Acquisition of technology and transfer of knowledge were at the root of development, he said.  Without them, the LDCs could not develop their capacities.  The WIPO had a crucial role to play in that respect.  Due to its efforts, intellectual property could now be accessed free of charge at the electronic library of WIPO, through its Global Information Network.  The organization also recognized the need to develop professional people who could build LDC capacity in intellectual property, which manifested itself not only in the expansion of the number of patents -- it was related to food security, electronic commerce, health, genetic resources and so on. 

Continuing, he emphasized the huge gap in the level of education between the industrialized and developing countries.  It was important to make the people in the LDCs understand the importance of intellectual property issues.  A long-distance training programme -- the WIPO Worldwide Academy -- was spreading information about intellectual property.  It was assisting the LDCs in acquiring

the specialized knowledge and skills to take advantage of the intellectual property system.  WIPONet was the first Internet network giving equal access to LDCs.

Another deliverable was the creation of collective management societies in the LDCs, he said.  Creative people in the LDCs needed to be rewarded for their contribution to art and culture, and such a system would facilitate receiving royalties by artists.  Money owned to the LDCs should be paid to those countries.  Implementing that proposal was a matter of political will.  In order to be able to integrate into the globalized world, it was also very important for LDCs to have access to the Internet and to be able to process all the information available to them.

The last deliverable concerned traditional knowledge, genetic resources and folklore, he said.  An intergovernmental committee on that subject had met about two weeks ago.  Its work was highly important to the LDCs, which were rich in traditional knowledge and folklore.  Tapping that wealth and integrating it into the global economy could provide immediate and tangible results.  The WIPO was exploring ways in which the protection of creativity and innovation could be made available to holders of traditional knowledge by means of the intellectual property system.  Taking advantage of traditional handicrafts, indigenous designs and traditional medicine could increase the income of many people.  By providing education and knowledge for the LDCs in this way, the international community would increase their chances in the process of development.

FREDO BETSIMIFIRA, Minister of Information, Culture and Communications of Madagascar and one of the co-Chair’s of the session, said it was clear from the analysis of social and economic realities that within LDCs there were certain permanent crisis features, such as gaps in financial and technical capacity, indebtedness and a tiny share of world markets and services.  Those were the main shortcomings of societies that had become too vulnerable.  It would appear that the global village was ill-prepared to democratically digest the fruits of progress.

He said intellectual property might become an incredible tool with which to tackle the problems associated with development.  The third millennium was typified by its knowledge base; hence, the importance of a new vision of intellectual property.  In an era of trade with developed countries, little by little “our societies are losing their characteristics”.  The traditions and wealth of “our civilizations are being acquired by stealth” under the guise of trade.  He added that if one accepted that change for the future was a requirement of the new information society, it was only right to advocate a more equitable distribution of the progress and the benefits.

RONALDO SANDENBERG, Minister of Science and Technology of Brazil, also a  co-Chair for the session, said modern technologies were now dictating the pace of the world’s economic growth.  As globalization spread and network societies grew, new paradigms for development were emerging.  Discoveries and information were transforming societies faster than ever before.  The most developed societies could now take wealth and social well-being to new levels.  One of the most critical realities of the current age was, therefore, to ensure the full participation of the LDCs in the world economy.  It was often said that the engine of history was not only made by technological progress, but by human initiative and deliberation.  That alone prompted a change of the international order.

He said the pattern of hesitation when facing such world problems as poverty and disease must be overcome.  Building global partnerships was necessary.  In addition, finding the paths leading to the effective participation of workers in the knowledge economy was a serious task for the international community.  The various domestic constraints of the poorer countries tended to reinforce each other and contributed to the deep differences between nations.  The report today identified things that could be done for LDCs and what WIPO could do to help.  It was clear that a new set of tools was needed to accelerate or start the development of LDCs.

He said patents were granted to provide incentives to inventors, and patent rules must be accurate and realistic.  As for the new information order, he said the latest risk resulting from communications technology was the digital divide, and the issue deserved the full attention of the international community.  The WIPONet, however, was significant step towards addressing it.  He went on to say that the rights and traditions of indigenous local or traditional communities should be protected, since they were often important elements of a country’s culture.

Interactive Dialogue

One speaker told the session that many countries could benefit from international cooperation in the sphere of intellectual property, for many LDCs found it difficult to overcome their difficulties without outside assistance, including financial support.

Another speaker stressed that proper royalties should be provided to writers, artists and other creative people, and national legislation was needed to address the matter.  In that connection, the system of collective management of copyright and related rights could have a significant impact on the situation in the LDCs.  A further point was made that, while full support for the LDCs was needed in order to ensure proper rewards for technological innovations, attention should also be paid to traditional knowledge. 

A panellist addressed the issue of the legal aspects of intellectual property, for proper management of creative disputes was needed.  Consistent guidelines should be provided to countries in dealing with such issues.  Several participants then shared their countries’ experiences regarding copyright and intellectual property protection, supporting WIPO and existing international instruments on intellectual property as effective measures in that respect.  Such problems as the digital divide, the lack of new technology, and absence of legal experience in the intellectual property sphere were mentioned.

In that connection, a speaker stressed that greater emphasis should be placed on the training of managers and modernization of copyright offices in least developed countries.  Along with biodiversity issues, the issues of traditional knowledge, including natural medicine, were of great importance to many LDCs. Greater priority should be given to the means of preserving traditional knowledge, and LDCs should be able to receive commercial benefits from their traditional knowledge and folklore.

A panellist said that it was reassuring that countries were engaged in the discussion of measures to protect their intellectual property.  It was interesting to find out about particular countries’ experiences, in order to identify future

needs and actions.  Another interesting aspect was the fact that linkages between intellectual property and development had been raised in the debate.

Responding to several questions from the floor, Mr. CASTELO said that WIPO was providing assistance to the LDCs in the acquisition of knowledge.  For example, the organization’s Worldwide Academy provided information for teachers in LDCs, who could further disseminate information on relevant issues.  There were also plans for a programme to identify the needs of the least developed countries.  He hoped that it would be possible to implement the “deliverables” proposed by WIPO in the near future.

On the issue of patents, a speaker said in Africa there was a contradiction between the need to provide medicines free of charge to those who needed them, and the interests of patent-holders.  Local structures and legal capacity needed to be strengthened to address that problem.

A proposal was made to make the Portuguese language the official language of WIPO.

The representative of the European Commission said that the Lisbon Declaration could serve as a basis for future work between the least developed countries and their partners.  The deliverables identified by WIPO were also of great importance.  European organizations were receptive to the requests from LDCs and were available to provide advice and assistance to them.  The Commission was prepared to continue the dialogue with the least developed countries on the transfer of technology and regional frameworks for implementing conventions on intellectual property.  The European Union and the Commission were committed to continue the discussion regarding the link between the intellectual property and access to medicines.

The representative of the Organization of African Unity (OAU) said the building of infrastructure had been recognized by and touched upon by many delegations.  In relation to WIPO activities, it could not be underestimated, especially in terms of the human capacity to deal with intellectual property.  Yet, advances in infrastructure had traditionally been aid- and donor-driven and, therefore, lacked continuity.  That had to change.

Turning to the issue of connectivity, she said it was a tool that could only bring accelerated development to the African continent.  Above all, it could contribute positively to gender equality and accelerated education.  In that respect, WIPONet was a welcome tool that would form a core base for institutions that wanted to give Africa the impetus to go forward.

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