Руководящие органы и организационные вопросы пункт 6: допуск наблюдателей 136 138 (стр. 85 из 94)
1) How current WIPO technical assistance is being or will continue to be transformed due to the Development Agenda,
2) how WIPO will help countries integrate IP policies into national development plans, or how WIPO will ensure that a development-oriented framework is promoted that includes use of flexibilities,
3) How WIPO will become cross-disciplinary in providing technical assistance while ensuring that the secretariat has the needed new expertise.
7. Strategic Goal 6: Building Respect for IP
The goal description in the revised MTSP now states that the strategic goal on building respect for IP will be guided by DA recommendation 45, as was suggested by DAG. This is an important improvement that is noted with appreciation. However, this is not reflected in the envisaged strategic outcome (page 38) that refers to developing a “shared understanding and cooperation among Member States to build respect for IP”. To maintain coherence between the narrative and the envisaged outcomes, it is requested that the strategic outcome should be qualified by containing an explicit reference to, or the language of, recommendation 45 of the WIPO DA.
The outcome indicators call for increased international cooperation among Member States, NGOs, IGOs and the private sector, balanced policy dialogue in ACE, and enhanced capacity among member states to address piracy and counterfeiting. There is no outcome indicator to reflect how the WIPO activities within (in ACE) and in its relations to other IGOs, and NGOs and private sector, will be guided by recommendation 45 of the DA. The phrase “taking into account development-oriented concerns” needs to be further elaborated in the text. It is suggested that new outcome indicators be included, or those now in place be modified, to spell out how WIPO is changing its approach from the traditional “more IP enforcement” to a “balanced respect for IP” approach, in line with the DA.
In the section on strategies, there is also no mention of how WIPO has changed its approach to its activities in the area of enforcement in light of the DA and the deeper understanding of the associated development concerns. The strategies must reflect the changing dynamics and discussions in the ACE in light of the DA recommendation 45, mirroring the language included in the Program and Budget 2008-09 and 2009-10 under this goal.
8. Strategic Goal 7: Addressing IP in Relation to Global Policy Issues
Overall, the text of the revised MTSP on strategic goal 7 continues to be troubling. We request close re-examination of Strategic Goal 7 and extensive redrafting.
In DAG’s view, the text in goal 7 is very forward in assuming that WIPO already has the requisite knowledge about the role of IP with respect to global policy issues and that its role is to cement its leadership at this intersection among UN agencies and increase WIPO’s prominence in the global debates on these issues. The idea of member states asking WIPO to include issues of global challenges in its work was rather to bring external expertise on these issues to the realm of WIPO’s work, and to initiate a reflection of how the international IP system has to change to respond to the ongoing and new global challenges. These are in fact new issues for WIPO, and the newly created division in WIPO, should be aimed at finding more evidence to allow for a transparent and realistic debate among member states about this complex and uncertain relationship, rather than unilaterally pre-judging and determining the nature of WIPO’s role. Accordingly, WIPO should not, in the medium term, include as the strategic outcome “to make international discussions fully informed of IP as a policy tool for promoting innovation and technology transfer” when this is not a mandate that member-states have given WIPO with respect to global challenges. In our view, WIPO should in the first instance, explore how the international IP system must adapt to adequately respond to the growing complex social, economic and cultural challenges, including climate change and need for new technologies for adaptation and mitigation, food insecurity, misappropriation of traditional knowledge, folklore and GRs, and public health crisis affecting the developing and developed countries. We would therefore request that:
Outcome indicator 1 is redrafted as: “WIPO recognized as the leading UN agency on IP issues,”
Outcome indicator 3 is redrafted as: “IP-based mechanisms are part of the debate on global issues,”
Strategy (i) is deleted,
Strategy (iii) is redrafted as: “Developing partnerships and collaborations for facilitating the use of IP and means of mitigating barriers created by IP as a policy tool to achieve public welfare outcomes by promoting innovation, transfer and diffusion of key technologies to deal with global challenges such as climate change, food security, public health, etc. in line with the ongoing negotiations on specialized fora such as the UNFCCC, WHO and FAO”.
WIPO’s involvement in developing partnerships and collaborations in relation to global public policy issues such as climate change, pandemic threats, neglected diseases, crop production, etc. should again, not be driven by an objective to only promote the use of IP, as stated in the MTSP. Rather, WIPO’s involvement on these issues should be balanced and look at the relevance and role of IP in relation to these issues in consideration of differences between countries in their levels of development.
It must be ensured that WIPO’s contribution to these global public policy discussions is balanced and reflects the positions of all Member States, and that the position of WIPO on these issues is Member-State driven. It also needs to be spelt out how WIPO will work together with other organizations. It is insufficient to note that “partnerships” will be built; it must elaborate the basis for those partnerships. It must also spell out how the WIPO DA will guide the implementation of this goal.
The strategic outcome should therefore be redrafted as “promoting a balanced, evidence-based perspective on IP and global public policy issues”, and the outcome indicators should accordingly be redrafted to suggest what WIPO will do to accomplish that. This should include, increasing evidence-based studies on the interface between IP and global policy issues; increasing the number of joint events with other UN agencies each respecting their areas of main competence,; as well as mainstreaming of the DA by, for instance, examining the role of flexibilities and limitations and exceptions in addressing global challenges.
It is also noted that this section does not refer to important programs such as Innovation Promotion and Technology Transfer that are currently being undertaken under this goal. Innovation promotion and Technology transfer and issues of keen interest to all developing countries and address the development and global dimensions of IP. Hence, DAG considers it important that adequate importance be given to these issues under this section, which are currently missing. It is also necessary to link up the Strategic outcomes and the Programs on the ground.
9. Strategic Goal 9: An Efficient Administrative and Management Support Structure to enable WIPO to deliver its Mandate
In its submission of 12 July, 2010, on the draft MTSP, the DAG highlighted the key concerns it has with the issue of the language policy in WIPO. The Group requested that paragraph xi under the Strategies section stipulate the following:
“xi. Formulate a comprehensive language policy to address the language divide, and that aims to use all the six official languages of the United Nations, including as working languages, on a fair and equitable basis and responsive to the needs of Member States. The comprehensive language policy will be implemented gradually over this Medium Term, to be carried out systematically towards its full and complete implementation by the end of 2015. This comprehensive language policy will cover WIPO documents, publications, interpretation, and all WIPO web sites. WIPO will review all its legal instruments and related procedures to reflect this comprehensive language policy.”
(Attached to these comments is a track changed version of the MTSP 2010-2015, with additional specific text changes and additions.)
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Proposed amendments by DAG
MISSION
The promotion of innovation and creativity for the economic, social and cultural development of all countries, through a balanced and accessible international intellectual property system
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Proposed amendments by DAG
TABLE OF CONTENTS
I. FOREWORD BY THE DIRECTOR GENERAL
The New Strategic Framework
II. IMPLEMENTATION OF THE DEVELOPMENT AGENDA
III. THE SUBSTANTIVE GOALS
Strategic Goal I: Balanced Evolution of the International Normative
Framework for Intellectual Property
Strategic Goal II: Provision of Premier Global IP Services
Strategic Goal III: Facilitating the Use of IP for Development
Strategic Goal IV: Coordination and Development of Global IP
Infrastructure
Strategic Goal V: World Reference Source for IP Information and Analysis
Strategic Goal VI: International Cooperation on Building Respect for IP
Strategic Goal VII: Addressing IP in Relation to Global Policy Issues
IV. THE ENABLING GOALS
Strategic Goal VIII: A Responsive Communications Interface between
WIPO, its Member States and all Stakeholders
Strategic Goal IX: An Efficient Administrative and Financial Support
Structure to Enable WIPO to Deliver its Programs
V. ANNEXES
Annex I: Financial Overview 2010-2015
Annex II: WIPO’s Results Based Management Framework
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Proposed amendments by DAG
II. IMPLEMENTATION OF THE DEVELOPMENT AGENDA
| Strategic Outcome | Outcome Indicators |
| Strong focus on the development throughout the organization | Strong focus on development throughout the organization, with effective mainstreaming of the Development Agenda principles and recommendations in the work of all relevant programs. |
The WIPO Development Agenda represents a new, cross‑cutting approach to addressing the development dimension of all WIPO’s work. It provides a unique opportunity to reach beyond WIPO’s traditional technical assistance programs and to ensure that the Development Agenda principles and recommendations are integrated into the work of the entire Organization. The principles and Recommendations of the Development Agenda apply not only to activities carried out under Strategic Goal III, but to activities carried out under all nine Strategic Goals of the Organization. This is reflected in the respective narratives throughout the Medium Term Strategic Plan. The summary table on page 9 charts the linkages between the Strategic Goals and the 45 Recommendations of the Development Agenda.
Within the medium term, WIPO has the challenge of translating the Development Agenda aspirations into reality. This includes ensuring that the human and financial resources dedicated to the Development Agenda deliver value for the Member States, and that the results are evaluated and can demonstrate positive impact.
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Proposed amendments by DAG
WIPO Strategic Goals with Development Agenda Recommendations[5]:
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Proposed amendments by DAG
STRATEGIC GOAL I
Balanced Evolution of the International Normative Framework for Intellectual Property
| Strategic Outcome | Outcome Indicators |
| Full engagement of Member States to reach agreements on legislative and practical measures in areas of common interest to adjust the existing international IP framework | 1. Balanced and equitable agreements reached by Member States within each major area of the international normative IP framework |
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Proposed amendments by DAG
STRATEGIC GOAL I Balanced Evolution of the International Normative Framework for Intellectual Property
| This Strategic Goal aims to ensure that the development of international IP law keeps pace with the rapidly evolving global technological, geo-economic, social and cultural environment, while taking into account implementation of the recommendations of the Development Agenda on norm‑setting. A balanced evolution is critical to ensuring that the international intellectual property system continues to serve its fundamental purpose of encouraging innovation and creativity; that it takes into account the needs and interests of countries at different stages of development, including through the flexibilities within international IP agreements; and that it strikes the right balance between (i) the rights of creators and IP owners and the rights of users and the public; and (ii) the encouragement of innovation and creativity and the diffusion of the social benefit of innovation and creative works. |
CHALLENGES AND OPPORTUNITIES
Intellectual property (IP) is covered by a complex web of national, bilateral, plurilateral, regional and multilateral agreements. In today’s digitally driven and globalized world, however, the subject matter addressed by IP – new technologies, novel designs, brands and creative works –- increasingly crosses territorial borders. WIPO, the custodian of 24 multilateral treaties and four major global service systems, has the ongoing challenge of promoting balanced multilateral solutions to ensure that the international normative architecture remains relevant, that it serves its purpose of encouraging innovation and creativity worldwide; and that it facilitates participation by all countries in the benefits of technological and cultural advances.
The approval of the Development Agenda was a normative landmark in the history of WIPO, mandating that the norm-setting work n WIPO must be conducted in a balanced manner taking due account of the needs and interests of countries in different stages of development and the full use of flexibilities within international IP agreements.. Though negotiations on various other issues have not been concluded, there has been an increasing convergence among Member States in several areas, including limitations and exceptions for the visually impaired and on the protection of Traditional Knowledge and Folklore. There is a need to achieve balanced outcomes in multilateral negotiations in WIPO, otherwise these multilateral processes risk being undermined. Failure on the part of the Organization to provide the forum for giving attention to needed adjustments and changes entails a number of risks. The role of the Organization in rule-making will wither. Multilateral approaches may be replaced by bilateral or plurilateral processes in other fora; and solutions may be developed by default by the market or by technology, rather than by public policy under the influence of governments.
Addressing this challenge requires the Secretariat to provide an impartial and professional environment – ensuring Committee agendas are comprehensively and fairly covered as far as possible – which facilitates the decision-making of Member States, in order to arrive at multilateral solutions and enable balanced rules to be set across the full spectrum of technological development, from the latest advances in digital technology to traditional knowledge systems, with adequate consideration of development and public policy implications. The opportunity now exists to build confidence among Member States by improving mutual understanding of normative questions, thus preparing the ground for future advances in normative discussions.
The dynamic global economic and social environment requires that the evolving international IP system in all areas carefully balance the interests of all stakeholders, including countries at different stages of development, rights holders, and the public.
Against this background, some of the specific challenges and opportunities facing the Organization in the medium term in the main areas of normative activity (patents, copyright, trademarks, geographical indications, industrial designs and traditional knowledge) may be summarized as follows: