Opening statement by India, on behalf of the Asia & the Pacific Group in the 18th Session of the Committee on Development and Intellectual Property (CDIP/18), delivered by Dr.Sumit Seth, First Secretary(Economic Affairs) on 31 October 2016

Thank you Mr. Chair,

India has the honour to deliver this statement on behalf of the Asia and the Pacific Group.

We are hopeful that under your able leadership and guidance this session will make the desired progress on issues of vital importance to the members of Asia and the Pacific Group. The group would also like to thank the secretariat for the preparation of this meeting.

Mr. Chair,

Asia Pacific Group welcomes the recommendations made in the Report on the Independent Review of the Implementation of the Development Agenda Recommendations in the document CDIP/18/7.  The recommendations call for improvements in WIPO's performance and work on the Development Agenda implementation and sets out a process to take action on the recommendations.

Implementation of the Development Agenda is a long-term process and the Development Agenda Recommendations are part of that process, in this context the Asia Pacific Group would like to recall the 2010 WIPO General Assembly decision which stated “upon consideration of that review, the CDIP may decide on a possible further review”. 

Our group has taken note of the Document CDIP/18/2 – The progress reports. The report whichprovides information on 6 CDIP approved projects under implementation, and activities in relation to the 19 recommendations for immediate implementation between July 2015 to June 2016.

The independent review makes a specific recommendation –that is recommendationnumber  10which says that the progress reports should include information about the human and financial resources allocated to the activities and projects reported therein.

The independent review has also found that DA projects have been most effectively implemented where the project activities have been included in collaboration with national IP Offices. However, where other national agencies are involved, implementation has been less efficient. 

The independent review in its findings has pointed out that there is no mechanism for the CDIP to assess the extent of mainstreaming of completed Developmental Agenda  projects.

Mr. Chairman

Hence our group is of the view that the assertions in the progress report must be read in the light of the findings of the independent review.

Mr. Chair

Asia Pacific Group has examined the Report on the Conference on IP and Development. H.E Dr. Rob Davies, Minister of Trade and Industry of South Africa in his keynote address pointed out that there is no unambiguous evidence that stronger IPRs foster industrial development and underscored that countries may need different approaches and policies to adapt the IP system to make it relevant and suitable to specific contexts, including acknowledging that in countries at an early stage of industrialization strong IPRs may be unnecessary.

Various panellists speaking at the conference said that the linkage between IP and innovation is highly contested. This necessitates a cautious approach to reform of IPRs. The conference was a useful opportunity to bring forward alternative perspectives relating to IP and its implications for development

Our group would like to request the Secretariat to publish the presentations made during the conference and look forward to the organisation of future such conferences on IP and Development.

The Sustainable Developmental Goals are universal and indivisible in character. Therefore, shortlisting only specific SDGs as relevant to WIPO’s work would not enable a holistic approach towards addressing the realization of the objectives of the SDGs.

We have studied the proposal submitted by Brazil in which it has specifically proposed for the inclusion of a standing agenda item in the CDIP on the “Implementation of the Sustainable Development Goals.”  Members the Asia Pacific Group would like to support the proposal made by Brazil for including a permanent agenda item that is an item on the implementation of the SDGs in the CDIP.

Mr. Chair,

The focus of South-South cooperation activities in WIPO should be on promoting full use of IP flexibilities so that WIPO can address development goals. We would like to reiterate that there should also be more activities on sharing South-South experiences on the Protection of Genetic Resources, Traditional Knowledge, and Traditional Cultural Expressions.

As far as the revised proposal for a Mechanism for Updating the Database on Flexibilities is concerned, our group would like to support thefirst option in which the Member States communicate updates concerning their national provisions on flexibilities included in the Database, which are then placed in the Database. Our group is not in favour of supporting the second optionwhich involves the Secretariat to determine whether updates submitted by member States are in conformity with the scope and criteria agreed by the CDIP. Asia Pacific Group can go along with option one.

Mr. Chair

Asia & the Pacific Group would like to appeal to all regional groups to work towards resolution of the WIPO GA Decision on CDIP related matters, including the Coordination Mechanism, which is an essential element in the implementation of Developmental Agenda recommendations, particularly in respect to the Program and Budget Committee (PBC) and the Committee on WIPO Standards (CWS). We are hopeful that this matter can get resolved and pave the way for smooth functioning of other WIPO Committees.

Mr. Chair

Technical Assistance is an important area for members of the Asia Pacific Group. To be effective, the delivery of technical assistance needs to be timely, efficient and coherent. We need to devise an institutional mechanism to avoid duplication so that there is optimal channelization of resources. 

Our group is hopeful that discussion on the External Review of WIPO Technical Assistance in the area of Cooperation for Development would bring uniformity, better organization, and clarity to existing processes and practices. The discussions under this agenda item should continue on the basis of the proposal by Development Agenda Group and African Group as these are the only formal proposals in front of the Committee. 

Mr. Chair,

The Group members would make interventions during the discussions on specific agenda items. We look forward to contributing to the proceedings in the Committee and hope for a productive session.

With these words, I thank you Mr. Chair for this opportunity.