how can the wto better integrate the poorest countries into the international ip system? arno hold...
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How can the WTO better integrate the poorest countries into the
international IP system?
Arno HoldResearch Fellow, NCCR Trade RegulationWorld Trade Institute, University of Bern
WTO Public Forum 2013
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Overview
• LDCs and the implementation of the TRIPS Agreement
• Lessons from the priority needs assessment process (2005-2013)
• Status quo after the second extension of the transition period for LDCs (2013-2021)
• Suggestions for a better integration of LDCs into the international IP system
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• Concluded in 1994, the TRIPS Agreement sets out an international minimum standards for the protection of intellectual property rights (IPR)
• Most LDCs had neither a comprehensive domestic framework for IP protection nor much experience in negotiating international IP conventions
• Concerns among LDCs to miss out on technology transfer and future capacity to attract FDI
• LDCs accepted TRIPS as part of a package deal with sectoral trade-offs
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LDCs & TRIPS
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LDCs & TRIPS
• TRIPS contained many provisions that recognize the concerns and needs of LDCs – Promises of technology transfer as well as technical and
financial assistance (Art. 66 and 67 TRIPS) – Transition period of 10 years till 2005 for LDCs no direct
action required
no immediate economic cost
• By 2005, most LDCs had not made substantial progress in implementing the Agreement
• TRIPS Council extended the transition period for another 7½ years till 1 July 2013
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Establishment of a priority needs assessment process
• LDCs should submit individual priority needs assessments for technical and financial assistance
• Developed countries should then provide technical and financial assistance to LDCs to address the identified priority needs effectively
• WTO Secretariat should increase its cooperation with WIPO and other relevant IOs
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Lessons from the priority needs assessment process (2005-2013)
• Only 8 of 34 LDC WTO Members have so far participated in this stocktaking exercise
• Did not trigger substantial technical and financial assistance
• Standards of assessment? Scope and Focus? Funding? Cooperation mechanisms? Alignment with other development cooperation activities?
• Failure of priority needs assessment process provided a convenient excuse to both LDCs and developed countries for not engaging in the process
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2nd extension of the transition period (2013 - 2021)
• LDCs requested an unconditional extension with an unlimited time frame
• Developed country widely supported a further extension, but raised concerns about an open-ended time frame
• TRIPS Council meeting of 11–12 June 2013: – LDCs received a second transition period extension for
another 8 years till 2021– No reference to the priority needs assessment process or
to the provision of technical and financial assistance7
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Potential downsides of the latest transition period extension for LDCs (2013 - 2021)
• So far, neither the industrialized countries nor LDCs have considered LDCs’ TRIPS implementation as a priority
• A pragmatic and convenient way for all WTO Members to buy time and to avoid conflicts in the TRIPS Council
• Extensions alone do not lead to improvements
• Lack of incentives to actively participate in the priority needs assessment process
• Negative impact on technology transfer as well as on technical and financial assistance?
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Suggestions for a better integration of LDCs into the international IP system
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• Need for a more coherent and comprehensive priority need assessment process that eventually leads to technical and financial assistance
• Creating additional incentives for LDCs and developed countries to cooperate more actively towards LDCs’ integration in the global IP system
• A more gradual and development-oriented concept of TRIPS-implementation for LDCs that allows for an adequate sequencing
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A gradual and development-oriented concept of TRIPS-implementation for LDCs
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• LDCs’ IP system reform should focus on those areas…
– that are highly relevant to strengthen their national economy,
– that support a better integration into the global knowledge economy,
– that do not cost a lot, and
– that can be managed with limited resources.
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Thanks a lot for your attention
谢 谢 Gracias Merci Obrigado Спасибо धन्यवा�द � شكرًا
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