Brief overview of TRIPS and Brief overview of TRIPS and development – development –

themes and sectorsthemes and sectors

Workshop on LDC Priority Needs for Workshop on LDC Priority Needs for Technical and Financial CooperationTechnical and Financial Cooperation

29 October 2009 29 October 2009

Antony Taubman, Antony Taubman,

Director, Intellectual Property DivisionDirector, Intellectual Property Division

Some themes:Some themes:

What is it to implement TRIPS? What is it to implement TRIPS?

What are the options What are the options

- and how to assess options in the - and how to assess options in the light of development interests ?light of development interests ?

What kind of What kind of needsneeds are identified? are identified?

How to meet those needs? How to meet those needs?

What is it to What is it to implementimplement TRIPS? TRIPS?

Members shall be free to determine Members shall be free to determine the appropriate method of the appropriate method of implementing the provisions of implementing the provisions of this Agreement within their own this Agreement within their own legal system and practice.legal system and practice.

TRIPS – Art 1.1TRIPS – Art 1.1

What is it to What is it to implementimplement TRIPS? TRIPS?

IPR protection and enforcement should: IPR protection and enforcement should: contribute to the promotion of technological contribute to the promotion of technological

innovation and to the transfer and dissemination innovation and to the transfer and dissemination of technology, of technology,

to the mutual advantage of producers and users to the mutual advantage of producers and users of technological knowledge and in a manner of technological knowledge and in a manner conducive to social and economic welfare, conducive to social and economic welfare,

and to a balance of rights and obligations.and to a balance of rights and obligations.

TRIPS – Art 7TRIPS – Art 7

What is it to What is it to implementimplement TRIPS? TRIPS?

Ideas of equity, balance, mutual advantage Ideas of equity, balance, mutual advantage (e.g. non-discrimination)(e.g. non-discrimination)

Promotion of innovation and to the transfer Promotion of innovation and to the transfer and dissemination of technology, and dissemination of technology,

Conducive to social and economic welfareConducive to social and economic welfare

But .... But ....

What is it to What is it to implementimplement TRIPS? TRIPS?

But... how to link But... how to link Formal legal consistency with legal provisions Formal legal consistency with legal provisions

of TRIPS of TRIPS

andand Promotion of the public policy goals Promotion of the public policy goals

articulated in TRIPSarticulated in TRIPS

throughthrough A process of A process of implementationimplementation? ?

What are the options for What are the options for

implementation implementation ? ? and how to assess those options in the light of and how to assess those options in the light of

development interests ? development interests ?

What are the options for What are the options for

implementation implementation ? ? and how to assess those options in the light of and how to assess those options in the light of

development interests ?development interests ? Indeed – what are a Member's development Indeed – what are a Member's development

interests and priorities? interests and priorities? – What policies & planning processes What policies & planning processes

exist already?exist already?– What sectors and interests are What sectors and interests are

prioritized?prioritized?

Value addition in the textile sector?Value addition in the textile sector?

TRIPS:25.2TRIPS:25.2

Sustainable tourism, ecotourism?Sustainable tourism, ecotourism?

Paris 6ter, TRIPS 16, 22 Paris 6ter, TRIPS 16, 22

Traditional knowledge systems & Traditional knowledge systems & cultural expressions?cultural expressions?

TRIPS 39.2, 22.1, Berne 15.4a, Paris TRIPS 39.2, 22.1, Berne 15.4a, Paris 1010bisbis

Generic medicines and clinical trialsGeneric medicines and clinical trials

TRIPS 30, 31, 39.3TRIPS 30, 31, 39.3

What are the options?What are the options? TRIPS notifications a source of practical TRIPS notifications a source of practical

information about actual choices madeinformation about actual choices made TRIPS Council review sheds light on how TRIPS Council review sheds light on how

those options are implementedthose options are implemented A uniquely broad-based and representative A uniquely broad-based and representative

source of information on practical optionssource of information on practical options countries with similar cultural/legal countries with similar cultural/legal

traditionstraditions regional neighbours and partnersregional neighbours and partners

How to draw on this material most How to draw on this material most effectively?effectively?

What kind of needs are What kind of needs are identified?identified?

With a view to facilitating targeted With a view to facilitating targeted technical and financial cooperation technical and financial cooperation programmes, programmes,

all the LDC Members will provide … all the LDC Members will provide … as much information as possible on as much information as possible on their individual priority needs for their individual priority needs for technical and financial cooperation technical and financial cooperation

in order to assist them taking steps in order to assist them taking steps necessary to implement TRIPSnecessary to implement TRIPS

What kind of needs are What kind of needs are identified?identified?

With a view to With a view to facilitatingfacilitating targetedtargeted technical and financial technical and financial cooperationcooperation programmes, programmes,

all the LDC Members will provide … all the LDC Members will provide … as much information as possible on as much information as possible on theirtheir individualindividual prioritypriority needsneeds for for technical and financial cooperation technical and financial cooperation

in order to assist them taking steps in order to assist them taking steps necessary tonecessary to implement TRIPSimplement TRIPS

And how to meet those And how to meet those needs?needs?

Needs assessment not an end in itselfNeeds assessment not an end in itself The real 'need' is not a need for a The real 'need' is not a need for a

needs assessment.needs assessment. Needs assessment is only credible Needs assessment is only credible

and worthwhile if avenues identified and worthwhile if avenues identified to meet the needs identified. to meet the needs identified.

'Needs' to be consistent with 'Needs' to be consistent with identified policies, priorities and identified policies, priorities and programsprograms

Prepare for realistic ways of Prepare for realistic ways of sustainably meeting those needssustainably meeting those needs