Original news and analysis on international IP policy
The World Intellectual Property Organization is an international organisation based in Geneva, focused mainly on technical and legal issues of patents, trademarks and the like. But it is also a specialised agency of the United Nations, with over 1,000 employees. At its annual General Assemblies this week, an issue has arisen at WIPO that serves as a reminder of the complexities of UN membership.
This morning no breakthroughs were reported by delegates chairing informal meetings to reach consensus before the end of the annual World Intellectual Property Organization General Assembly tomorrow. Agreement still has to be reached on the most political issues, such as the budget, the mandate of the committee on genetic resources and traditional knowledge, and where the next WIPO field offices will be hosted. Also under discussion is the composition of one of WIPO’s governing bodies, challenged by the Asia and Pacific Group, which wants more seats.
Delegates rushing against time to find agreement on the next mandate of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) are considering a third draft decision, issued this morning.
In a quest to address the projected deficit of a World Intellectual Property Organization treaty protecting geographical indications, treaty members have been gathering funds to try to eliminate the deficit. Separately last week, the treaty union annual assembly approved a fee schedule and regulations applying both to the treaty and its 2015 Act.
As the WIPO Annual Assemblies draw to a close this week, governments face a dramatic stand-off over the organisation’s biennial Program and Budget. Unless a series of its demands regarding the organisation’s financing and treaty-making processes are met, the United States is refusing to approve the WIPO budget – a decision Member States normally take by consensus. While sparring among governments over the budget and content of a UN organisation’s programs is not unusual, the debate at WIPO this year highlight challenges at the heart of its governance system, writes Carolyn Deere.
The United Nations World Intellectual Property Organization has upgraded its whistleblower policy, coming more into line with best practices for protecting employees from retaliation for reporting alleged misconduct in the organisation. Time will tell if the changes to the policy will prove effective.
With three days remaining at the annual World Intellectual Property Organization General Assembly, delegates are still seeking agreement on the 2018/2019 budget, the mandate of the committee on the protection of genetic resources and traditional knowledge, and an update to the international treaty on design law. A number of decisions have however been approved, as WIPO committees reported on their activities.
General assumptions saying that intellectual property protection leads to development through the promotion of innovation are not supported by academic research, a well-known professor said last week at the World Intellectual Property Organization. Only countries at a certain level of development can truly benefit from IP protection, he said.
The World Intellectual Property Organization Program and Budget Committee is arguably the most powerful committee of the United Nations agency, and is open to a limited number of countries. This year, the countries sitting on the committee have to be renewed, and the Asia and Pacific Group is challenging the way countries are chosen, and their numbers because of under-representation of some regions.
At the start of the World Intellectual Property Organization General Assembly this week, officers to chair the assemblies of WIPO-managed unions were elected. Following a change of rule last year, a chair was also elected to preside over the General Assembly for the next two years. In addition, a new external auditor from the United Kingdom was approved, and Nigeria and Indonesia acceded to WIPO treaties.
The United States and Japan have submitted a joint proposal for the next mandate of the World Intellectual Property Organization committee on the protection of genetic resources and traditional knowledge, whose mandate must be decided this week. The new proposal comes on top of proposals from the African Group and the European Union. If there is a large consensus saying the committee should continue its work, the objectives of the committee and the way to achieve them differ widely.
World Intellectual Property Organization members this week are trying to find a compromise in order to adopt the budget for the years 2018/2019. The United States has posed conditions on approval, particularly that they would like to keep discussing a potential change in WIPO's budget allocation to prevent the treaty they pay most into from having to fund other less financially viable treaties. They also asked that the WIPO treaty protecting geographical indications eliminate its deficit, and that no high-level negotiating meeting be provisioned for without the whole WIPO membership agreeing to it.