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
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 Meléndez-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
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