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TOWARDS DEVELOPMENT-ORIENTED IP POLICY: SETTING AN AGENDA FOR THE NEXT FIVE YEARS

The Bellagio Series on Development and Intellectual Property Policy

At the Rockefeller Foundation's Bellagio Study and Conference Center on Lake Como in Northern Italy,
30 October - 2 November 2002

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Description | Background Note | Programme | Participants | Documentation


  Programme


Each day consisted of strategic discussions to identify concrete recommendations that can contribute to the formulation of development-oriented intellectual property (IP) policies. These recommendations was directed not only to the Council for TRIPS and the Doha Development Agenda but other important national, bilateral and regional initiatives and processes relating to IP and development. Each session had a moderator responsible for identifying key issues, thereby contributing to the identification of possible new initiatives. Participants met together in plenary sessions, but also broke up into smaller intersecting groups in order to maximise the use of the limited time available.

The first day focused on the general setting. The following two and half days took up in detail each of the following three segments of the programme: (a) Developing a pro-active negotiating agenda; (b) Enhancing the role of intellectual property rights (IPRs) as tools for national development; and (c) Towards a development-oriented IPR agenda.


Tuesday 29 October: Arrival of participants

19.00: Welcome Session-Dinner.

Introduction to the Frati and its philosophy; the Rockefeller series; the ICTSD-UNCTAD initiative; and, the participants.

21.00: Consultations on programme


Wednesday 30 October: The general setting

Morning Session: 9.00-12.30

Moderator: Ricardo Meléndez-Ortiz (Colombia), ICTSD

Introductory remarks by organizers: objectives and purpose

Session one: The future of IPRs in the multilateral trading system: Responding to Council for TRIPS activities, the Doha Development Agenda, and the evolving WTO jurisprudence on TRIPS.

Lead discussant: Frederick Abbott (USA), Florida State University

Session two : Meeting the challenge of new treaty development and harmonisation: Dealing with developments at WIPO, and regional and bilateral initiatives.

Lead discussant: Ruth Okediji (Nigeria), University of Oklahoma


Mid-day Session: 13.00 - 14.30

The three focus tracks and other outcomes: i) Substantive agenda: Pedro Roffe; Amr Ramadan; Betty Berendson; Gothami Indikadehena; Weerawit Weeraworawit, Elza de Castro, Graham Dutfield ii) Startegic means: Jorge Caillaux; Rashid Kaukab; Ruth Mayne; Athul Kaushik; Silvia Salazar; iii) Promotion, facilitation and review mechanism: Brewster Grace; Grethel Aguilar; Ricardo MelÚndez-Ortiz; iv) Packaging the outcomes: Geoff Tansey; v) Keeping coherence: Carolyn Deere; Christophe Bellmann.


Afternoon Session: 14.30-18.00

Moderator: Pedro Roffe (Chile), UNCTAD-ICTSD

Session three: Promoting effective national policy formulation:
Meeting the challenge of formulating effective pro-development national-level policies in the light of bilateral, regional and multilateral processes in the field of intellectual property.

Lead discussant: Carlos Correa (Argentina), University of Buenos Aires

Session four: Integrating IPR policies in development strategies:
Converting international IPR rules into tools for national economic development - agenda setting, negotiating strategies, international governance issues, and strategic alliances.

Lead discussant: John Barton (USA), Stanford University


19.30: Reflections - Dinner, Brewster Grace (USA), QUNO, The role of "process" in multilateral cooperation and rule-making in the Geneva policy and institutional environment

21.00: Consultations on process and outcomes


Thursday 31 October: Promoting a pro-active development international agenda and enhancing the role of IPRs as tools for national development

First Morning Session: 8.30-10.30

The challenges of the multilateral trading system

Moderator: Carlos Correa

  • Which issues should developing countries pay special attention to in the preparations for the forthcoming Mexico Ministerial Conference?
  • Which lessons can developing countries draw from negotiations at the Council for TRIPS (e.g. on article 27.3.b) and from the evolving WTO -TRIPS jurisprudence?
  • How should developing countries strategise to most effectively deal with the TRIPS review process?
  • How to bridge the gap between demands for higher standards in the light of the insufficient or complete lack of data and evidence to support those demands?
Lead discussant: Frederick Abbott
Discussants: Betty Berendson; Elza de Castro; Rashid Kaukab; Ruth Mayne.


Second Morning Session: 11.00-13.30

The challenges of harmonization

Moderator: John Barton

  • How to develop a pro-active agenda in dealing with the harmonization of IPRs standards?
  • How to deal constructively with the WIPO Patent Agenda?
  • Should developing countries envisage broad or sector-wise alliances with like-minded countries including with developed countries when dealing with regional and bilateral new initiatives?
  • Which are the new emerging issues and challenges for developing countries in the new IP treaty-making agenda? Internet, data protection, biotechnology, etc?
  • How much leverage can developing countries exert in terms of raising new issues or in opposing agendas not compatible with their development needs?
Lead discussant: Ruth Okediji
Discussants: Gothami Indikadehena; Silvia Salazar; Geoff Tansey; Weerawit Weeraworawit.


Session at Noon: 13.30 - 15.00

Scenarios on possible outcomes and follow up, Jorge Caillaux


First Afternoon Session: 15.00-17.00

Enhancing coherence

Moderator: Frederick Abbott

  • Which are the obstacles for the formulation of coherent national and regional strategies on IPRs? How can these be overcome?
  • How to better assess the implementation capacity building needs and priorities of developing countries?
  • Are those needs limited to the revision of laws and to the modernization of IPR offices?
  • Are high levels of IPR protection and enforcement commensurate with major public policy objectives, such as protecting and supporting public health, nutrition and education?
  • How can developing countries deal with human, institutional and financial constraints in meeting the challenges of formulating pro-development IPR rules?
  • How can they ensure the coherence, sustainability and effectiveness of their policies?
Lead discussant: Carlos Correa
Discussants: Grethel Aguilar; Faizel Ismail; Atul Kaushik.


Second Afternoon Session: 17.00-19.00

Rethinking the role of IPRs in development

Moderator: Ruth Okediji

  • How to make IPRs compatible with socio-economic and technological development?
  • How to promote technological innovation?
  • How to enhance the transfer and dissemination of technology to developing countries?
  • Are there means of conditioning the acceptance of higher standards of protection with meeting transfer of technology demands?
  • How to deal with the specific circumstances of the LDCs?
  • How to reconcile IPR protection with competition policies?
  • Is there a case for differential treatment?
  • Which is the right forum for advancing the reform of IPRs?
  • What are the best ways of adopting pro-active and pro-development policies and ensuring appropriate follow up?
Lead discussant: John Barton
Discussants: Jorge Caillaux; Toufiqur Rahman; Amr Ramadan.


19.30: Reflections - Dinner, Faizel Ismail (Permanente Representative to WTO, South Africa), Policy formulation at the national level and integration into the global economy

21.00: Consultations on process and outcomes


Friday 1 November: Scrutinizing the elements of a pro-active agenda


Plenary Morning Session: 9.00 - 10.00

Agreeing on the identified elements for an agenda:drawn from the general discussions and work in the focus tracks.


Morning Cycle: 10.00 - 11.30

Public health; Genetic resources and traditional knowledge; Transfer of technology; Rebalancing the TRIPs Agreement: Intersecting groups


Afternoon Cycle: 15.00 - 18.30

Harmonization of patent and copyright systems; Unilateralism (Special 301) and TRIPS plus in bilateral-regional agreements; Non-violation and competition policy; Questioning the WIPO policy environment: Intersecting groups


19.30: Dinner at Villa Serbelloni

Evening Session: 21.30, Priority issue areas and needed actions


Saturday 2 November: Towards a development-oriented IPR agenda

Concluding Session: 8.30-12.00

Agreeing on the elements of an agenda, the needed actions and a follow-up mechanism

12.30 Departure from Bellagio

© ICTSD 2004 - Last Update: 05-Oct-2009