Abstract

In an increasingly technology-driven world, the standard of protection provided by intellectual property (IP) rules is affecting development policies and human rights issues more than ever. Strict IP rules have had an adverse impact on the ability of many governments to fulfill their human rights obligations, of which obligations to ensure access to affordable medicines, education and adequate food. This trend towards higher IP protection has been stimulated by the adoption of the World Trade Organization (WTO) Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs), and the harmonization initiatives at the WIPO. A proposal for a development agenda for WIPO was first launched at the 2004 WIPO General Assembly. At that time, member states agreed to hold a series of inter-sessional intergovernmental meetings (IIMs) to examine proposals originally submitted by Brazil and Argentina as well as additional proposals of other member states. The 45 recommendations adopted by the General Assembly in 2007 are divided into six clusters, namely: Cluster A: Technical Assistance and Capacity Building; Cluster B: Norm-setting, Flexibilities, Public Policy and Public Domain; Cluster C: Technology Transfer, Information and Communication Technology (ICT) and Access to Knowledge; Cluster D: Assessments, Evaluation and Impact Studies; Cluster E: Institutional Matters Including Mandate and Governance; and Cluster F: Others. These include 19 recommendations for immediate implementation by WIPO and 26 for which the CDIP is required to develop a work program.