AUTHOR: ______________ TITLE: WIPO's Committee on Development Begins Work on Technology Transfer DATE: 10/15/2009 09:51:00 AM ----- BODY:

Formed in 2007 to address Development concerns associated with IP, WIPO's Committee on Development and IP (CDIP) is - finally - starting to address Technology Transfer. By way of background, the Development Agenda is comprised of 45 Recommendations, ranging from Capacity Building, to Norm-Setting, to the Governance of WIPO . Recommendations 24-26, and 28-31 (cluster C) are directed to Technology Transfer. At the most recent CDIP, the Member States agreed to take a thematic approach" to implementing Recommendations - realizing that there was some overlap between individual recommendations. However, one key pre-condition to the thematic approach was that the individual recommendations would be discussed before projects were decided upon. In making progress towards the implementation of Recommendations 19, 25, 26 and 28, WIPO presented its "Project on Intellectual Property and Technology Transfer: Common Challenges - Building Solutions" at the Open-ended Forum on Proposed Development Agenda Projects. As far as we can tell, none of these Recommendations have been discussed in the Plenary of the CDIP, as required under the thematic approach. The proposed project consists of five "Key Activities:"

Organize a high-level forum to facilitate Access to Knowledge/Technology and to form the "New Platform" on Technology Transfer and IP collaboration
Perform a series of studies
Hold a WIPO forum on transfer and collaboration
Hold regional consultations
Strengthen existing activities within WIPO

The project is projected to cost about 1.5 million CHF, and take 27 months. How these figures were arrived at, without having concrete plans for which studies would be carried out and how existing activities would be strengthened, is uncertain. Thankfully, WIPO is holding its anticipated "Conference on Building Partnerships for Mobilizing Resources for IP and Development" in a few weeks, just in case additional resources are needed. Moreover, the function of this new platform is quite vague, which is perhaps an appropriate precaution, given the fact that WIPO's Member States have not discussed these recommendations in the plenary. Briefly, CIEL, while welcoming this activity, would recommend that

Individual Recommendations be discussed first in the CDIP so as to not provide for definitions of individual Recommendations through their associated projects for implementation;
WIPO view holistically the issue of Technology Transfer and include WIPO's Copyright Section in the relevant divisions implementing Technology Transfer recommendations. The proposal included Patent and Information Communication Technology sections, but not Copyright;
WIPO create a mechanism to gather empirical evidence regarding the International Transfer of Technology to help generate evidence based policies for issues of global concern; and
WIPO create distinct points of contact and input with relevant Intergovernmental Organizations, as required under Recommendations 30 and 40, in order to capitalize on previous efforts on Technology Transfer by the WTO, WHO, UNEP, UNCTAD and other IGOs.

Labels: Development, ESTs, Green Innovation, IP, Technology Transfer

----- -------- AUTHOR: ______________ TITLE: Dissent in the Ranks: Apple joins PG&E, Nike, and others in parting ways with US Chamber DATE: 10/07/2009 01:58:00 PM ----- BODY:

The US Chamber of Commerce, the largest trade organization in the US, is facing increasing dissent and desertion from its former members over the US Chamber's position on Climate Change policy. In parting ways, Apple's VP of Government Affairs wrote, “we strongly object to the Chamber’s recent comments opposing the E.P.A.’s effort to limit greenhouse gases." Apple joins another high-profile brand, Nike, in parting ways with the Chamber. Even more shocking, however, was the resignation of large utility corpoations - PG&E, Excelon, and PNM Resources - from the ranks of the US Chamber. Apple has recently been promoting it computers as being more environmentally friendly than the competition. Its website now includes a "life-cycle impact" section. The US Chamber of Commerce has been strongly critical of both the EPA's use of existing legislation to limit greenhouse gas emissions, as well as proposed Climate Change legislation such as the Waxman-Markey bill. Internationally, the US Chamber has supplemented its existing Global Intellectual Property Center with The Coalition for Innovation, Employment and Development (http://www.thecied.org/). All three entities are pushing for a solution to the climate change problem that relies on innovation and technology development, complemented by a stronger global IPR regime. In particular, the US Chamber and its associated programs are arguing against compulsory licensing and other flexibilities of the TRIPS Agreement, which they contend presents a significant disincentive for current and future innovation in technology. Whether any members of the US Chamber disagree with this position is not yet clear, but perhaps the dialogue over domestic climate change policy will help to flush-out private disagreement(s) over innovation policy as well.

Labels: Climate Change, Comulsory Licensing, Green Innovation, Industry, IP, US Chamber of Commerce, Waxman-Markey

----- -------- AUTHOR: ______________ TITLE: Member States of WIPO Support Enabling and Enhancing Transfer of Clean Tech DATE: 9/24/2009 03:54:00 PM ----- BODY:

At the World Intellectual Property Organization's (WIPO's) Assembly of Member States, in support of Director General Francis Gurry's opening remarks to the Assembly (see 23 Sept 2009), many nations have also called for accelerated efforts to be made in the cross-border transfer of Environmentally Sustainable Technolgies (ESTs). One such country, playing a key role in climate change negotiations, India, stated: We need to speed up the development and deployment of new green technologies across sectors so that the economies of scale bring the benefit of lower costs. Our national IPR regime and the global IP system need to be seen as facilitating the resolution of the key global challenges of climate change, sustainability and food security. - Opening Statement of the Indian Delegation However, no delegation has, as of yet, provided specific information on how it believes the cross-border transfer of ESTs could be accelerated. Perhaps tangentially related, the Korean IP Office is pushing its initiative on increased Access to Information on Appropriate Technologies (http://www.ipforliving.org/).

Labels: Climate Change, Development, ESTs, Green Innovation, IP, Technology Transfer, WIPO

----- -------- AUTHOR: ______________ TITLE: WIPO Director General Gurry comments on Climate Change and IP DATE: 9/23/2009 12:33:00 PM ----- BODY:

In his opening remarks and Report to the General Assembly of the World Intellectual Property Organization (WIPO), which is being held from 22 Sept. - 01 Oct. 2009 in Geneva, the Director General stated: "...Let me conclude by referring to WIPO and intellectual property (IP) in the broader global agenda. We have, as an Organization, set a new objective of engagement with global policy issues....We have held a successful conference on IP and public policy issues in July to stimulate greater dialogue. But perhaps the most important public policy issue of all is now arising for discussion, namely, the challenge of climate change. There is a perception that intellectual property may be a negative influence in the range of policy initiatives that are needed to deal with climate change. I do not believe that this perception corresponds to reality. It is generally recognized that technological innovation will be central to global efforts to deal with the challenges associated with climate change. It is also coming to be recognized that this innovation will be needed across the whole infrastructure of the economy to give that infrastructure ultimately a carbon-free or carbon-neutral character. In this context, it is difficult to imagine how a property right on an individual piece of technology could consitute an obstacle. On the contrary, IP as a systemic stimulus to the creation and diffusion of technology has a very positive contribution to make to our efforts to develop green innovation. It will assist the econoy to adjust by favouring investment in green innovation. Some countries have started to use IP in a dynamic way to favour desired outcomes by creating fast-track channels for processing green innovations. Much more is possible. Given that climate change is global, green innovation will be of relatively little benefit if it is applied in only one country. Transfer of technology is thus fundamental to effective action. The policy challenge of shepherding, through a public process, the transfer of such an extensive range of technology held in private hands is daunting and, frankly, has never been achieved before. Here again, the experience of the intellectual property system and community in the creation, commercialization and diffusion or transfer of technology can make a valuable contribution." - Dr. Francis Gurry, Director General of WIPO

Labels: Climate Change, ESTs, Green Innovation, IP, WIPO

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