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[PCDA stands for "Provisional Committee on Proposals Related to a WIPO Development Agenda].
Thank you, Mr. Chairman.
Representing the Institute for Policy Innovation, I have had the privilege of attending the last two years of meetings related to the proposed Development Agenda. This week we are beginning our third year of deliberations on the question of whether WIPO should adopt a Development Agenda, and if so, what such an Agenda should look like.
WIPO is one of many specialized agencies within the United Nations.
As a specialized agency, WIPO has a narrowly-defined mission. The mission of WIPO is to promote the protection of intellectual property around the world, and to administer certain treaties related to IP.
The majority of WIPO's funds come in the form of fees paid by those who own (or wish to own) intellectual property.
Many of the Development Agenda proposals before the member states are constructive. After two years of discussion, now is the time to move forward without further delay on those proposals which can garner consensus.
However, we believe that some of the development agenda proposals would have the effect of diverting WIPO from its core mission. These should be rejected or at least set aside in order that consensus items can move forward.
Consider, for instance, the proposal that WIPO should consider the protection of the public domain within its normative processes. Now, everyone recognizes the importance of a rich public domain, and WIPO already gives the public domain due consideration. But there is no evidence that the public domain is in any danger that requires an addition to WIPO's mandate. Rather, this is simply a bit of rhetoric that is being used by opponents of Big IP to raise fear, uncertainty and doubt about the virtues of intellectual property.
Here is a prediction: If WIPO adopts the principle that the public domain should be a major factor in WIPO norm-setting, every time WIPO attempts to set a norm it will be opposed on the grounds that it threatens the public domain. Concerns about the public domain will be used to defeat technical protection measures, protection for webcasters, and other means of battling piracy.
This is simply one example of how some of these provisions could have the effect, if not the intent, of sidetracking WIPO from its core mission.
Our concern is that if WIPO strays too far from its mission and mandate, WIPO may become a less useful and less functioning organization.
Therefore, we would urge member states to consider carefully how many tangential and questionable additions you make to WIPO's mandate.
Our concerns about the contents of the Development Agenda stem from our belief about the critically important nature of what Director General Idris has called "intellectual property as a power tool of development."
If I may quote Kofi Annan, he said that "growing the small and large businesses able to create jobs and income" was part of the means toward accomplishing the Millennium Development Goals.
The developing world today is full of people in developing countries who are firsttime patent holders, entrepreneurs, artists, writers, and creators who are creating wealth, building businesses, hiring people, and paying taxes based on intellectual property.
This IS development, and THIS should be encouraged. This is WIPO’s mandate.
Thank you.
Update: Chile didn't like my intervention, specifically criticizing it. In fact, Chile wants a register of all public domain works. But Colombia specifically endorsed my intervention, calling the protection of the public domain "nonsense." Hurray for Colombia!
Update [2]: El Salvador was opposed to WIPO trying to protect the public domain, but they just said they changed their position and now support it. Switzerland says they can support the proposal if the word "protection" is changed. Italy says that the "protection of the public domain is impossible because, by definition, the public domain is not protected."
Update [3]: El Salvador now says that they do not support WIPO taking steps to protect the public domain.
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Author: Tom Giovanetti || Location: Lewisville, Texas, USA