Implementing the WIPO Development Agenda: Implementing the WIPO Development Agenda: Comparing National Approaches to Promoting Coherence Comparing National Approaches to Promoting Coherence

Between Public Policy Objectives and IP LawsBetween Public Policy Objectives and IP Laws ICTSD RoundtableICTSD Roundtable

Thursday June 14Thursday June 14thth, 2007, 2007

Overview of Issues and ChallengesOverview of Issues and Challenges

Dr. Carolyn DeereDr. Carolyn DeereResident Scholar, ICTSDResident Scholar, ICTSD

Director, Global Trade Governance Project, Director, Global Trade Governance Project, Global Economic Governance Programme, University of OxfordGlobal Economic Governance Programme, University of Oxford

carolyn.deere@politics.ox.ac.ukcarolyn.deere@politics.ox.ac.uk

OutlineOutline

1. Scope of IP issues for national attention

2. The WIPO Development Agenda: implications at the national level

3. Recent scholarly and policy literature on challenges

4. Review of diversity of national approaches to the process and organisation of IP policy-making, law-making and decision-making

5. Summary and next steps

Broad Scope of IP IssuesBroad Scope of IP Issues for National Attention for National Attention

Examples include: Examples include:

• Setting national public policy objectives and a policy framework Setting national public policy objectives and a policy framework to guide national IP laws to guide national IP laws

• Passing IP laws and standardsPassing IP laws and standards

• Administering IP lawsAdministering IP laws

• Adjudicating IP disputes, such as infringement of rights, patent Adjudicating IP disputes, such as infringement of rights, patent validity disputes validity disputes

• Raising public awareness of the IP systemRaising public awareness of the IP system

• Implementing international IP commitmentsImplementing international IP commitments

• Participating in multilateral, regional and bilateral negotiations Participating in multilateral, regional and bilateral negotiations and organisations relevant to IPand organisations relevant to IP

• Negotiating technical assistance, training and capacity- buildingNegotiating technical assistance, training and capacity- building

The WIPO Development Agenda: The WIPO Development Agenda: Implications at the National LevelImplications at the National Level

Develop and improve national IP Develop and improve national IP institutional capacity and efficiencyinstitutional capacity and efficiency

Ensure national IP institutions promote fair Ensure national IP institutions promote fair balance between IP protection and the balance between IP protection and the public interestpublic interest

Promote coherence between IP laws and Promote coherence between IP laws and public policy goals in areas of innovation, public policy goals in areas of innovation, science and technology, health, education, science and technology, health, education, cultural industries, food security, and rural cultural industries, food security, and rural developmentdevelopment

Promote development-oriented and Promote development-oriented and ddemand-driven capacity building at emand-driven capacity building at national and regional levelnational and regional level

Conduct development impact assessments Conduct development impact assessments ofof proposed IP policies, practices and norm proposed IP policies, practices and norm setting activities; of new international setting activities; of new international obligations; of capacity building/technical obligations; of capacity building/technical assistance needs and performanceassistance needs and performance

Progress in these Progress in these areas will be linked to areas will be linked to the political the political process process and and organisationorganisation of IP of IP decision-making at decision-making at the national and the national and regional levelregional level

The realisation of the WIPO Development The realisation of the WIPO Development Agenda will rely on a range of actions at Agenda will rely on a range of actions at the national & regional level, including the national & regional level, including efforts to:efforts to:

Process and Organisation (i)Process and Organisation (i)

There is considerable variation in national There is considerable variation in national approaches to process and organisation of approaches to process and organisation of IP policymaking, lawmaking and decision-IP policymaking, lawmaking and decision-makingmaking

These variations have implications for These variations have implications for development-orientation of IP laws and development-orientation of IP laws and policies, and for development outcomes policies, and for development outcomes

Process & Organisation (ii) Process & Organisation (ii)

Capacity constraintsCapacity constraints Limited coordination and consultationLimited coordination and consultation Dominance of IP officesDominance of IP offices Regulatory capture of IP officesRegulatory capture of IP offices Pressures for compliance-oriented approach to IP Pressures for compliance-oriented approach to IP

laws and policylaws and policy Power and influence of donorsPower and influence of donors Difficulties maintaining oversight of regional IP Difficulties maintaining oversight of regional IP

organisationsorganisations

Recent scholarly and policy studies highlight a range of Recent scholarly and policy studies highlight a range of challenges at the national level, including:challenges at the national level, including:

Areas of VariationAreas of Variation Examples of Variation in Process and OrganisationExamples of Variation in Process and Organisation

Public policy Public policy frameworkframework

Variation in existence or absence of a public policy framework and Variation in existence or absence of a public policy framework and process to IP lawmaking and decision-makingprocess to IP lawmaking and decision-making

Accountability, Accountability, transparency and transparency and stakeholder stakeholder participationparticipation

Variation in provisions for accountability, transparency and public Variation in provisions for accountability, transparency and public participation, including requirements to report to legislatures on participation, including requirements to report to legislatures on activity, procedures for review of proposed laws, processes for activity, procedures for review of proposed laws, processes for stakeholder consultation and input, range of stakeholders consulted in stakeholder consultation and input, range of stakeholders consulted in process of IP decision-makingprocess of IP decision-making

Dispute Dispute settlementsettlement

Variation in opportunities for pre-grant opposition of patents and post-Variation in opportunities for pre-grant opposition of patents and post-grant reviews, choice of specialised IP courts in some countriesgrant reviews, choice of specialised IP courts in some countries

Relationship Relationship between lawsbetween laws

Variation in relationship between IP laws and other domestic laws, Variation in relationship between IP laws and other domestic laws, such as those regulating public health, medicines, agriculture, culture, such as those regulating public health, medicines, agriculture, culture, education, competitioneducation, competition

Administration of Administration of the IP systemthe IP system

Variation in range of functions of IP offices, degree of financial Variation in range of functions of IP offices, degree of financial autonomy of IP offices, staff numbers, range of staff expertise, choice autonomy of IP offices, staff numbers, range of staff expertise, choice of combined or separate offices for industry property and copyright, of combined or separate offices for industry property and copyright, coordination through regional agreements, scope of national patent coordination through regional agreements, scope of national patent examinationexamination

Enforcement of Enforcement of the IP systemthe IP system

Variation in degree of inter-agency coordination among agencies, Variation in degree of inter-agency coordination among agencies, designation of lead agencies, commitment of resources, use of public-designation of lead agencies, commitment of resources, use of public-private partnershipsprivate partnerships

Implementation of Implementation of international international obligationsobligations

Variation in the degree of inter-agency coordination and process for Variation in the degree of inter-agency coordination and process for stakeholder consultation and expert inputstakeholder consultation and expert input

International International negotiationsnegotiations

Variation in composition of delegations, range of ministries that Variation in composition of delegations, range of ministries that participate and use of advisory committees and expertsparticipate and use of advisory committees and experts

Summary and Next StepsSummary and Next Steps Process and organisation make a difference to prospects for Process and organisation make a difference to prospects for

development-oriented IP laws and policies development-oriented IP laws and policies

Need for greater research and dialogue on:Need for greater research and dialogue on:

• The politics of IP reforms in developing countriesThe politics of IP reforms in developing countries

• Country and regional experiences, considering distinctive political Country and regional experiences, considering distinctive political structuresstructures

• The politics of the process and organisation of IP policymaking, The politics of the process and organisation of IP policymaking, decision-making and law-making – e.g., Who gains? Who loses? Which decision-making and law-making – e.g., Who gains? Who loses? Which public priority interests take priority? Which are left behind? Why? public priority interests take priority? Which are left behind? Why? What are the implications for the range of development goals?What are the implications for the range of development goals?

• Process and organisational options for IP policymaking and lawmaking Process and organisational options for IP policymaking and lawmaking that responds to and advances the range of relevant public policy that responds to and advances the range of relevant public policy objectivesobjectives

Thank youThank you