9.5 WIPO Development Agenda
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technical assistance and capacity building;
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norm-setting, flexibilities, public policy and public domain;
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technology transfer, information and communication;
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technologies and access to knowledge;
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assessment, evaluation and impact studies;
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institutional matters, including mandate and governance; and
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other issues.
Many of the proposals agreed upon refer directly to the creative industries, copyright or the protection of creative works. For example, one proposal calls for a greater emphasis on the cultural industries in WIPO technical assistance activities, and another mentions the importance of strengthening national capacity for the protection of domestic creations. In addition, several proposals deal with issues that are relevant to copyright and the creative industries without explicitly referring to them. These include, for example, proposals calling for deepening the analysis of a rich and accessible public domain, expanding the scope of activities aimed at bridging the digital divide, promoting pro-competitive licensing practices, initiating discussions on how to further facilitate access to knowledge and technology, and undertaking new studies to assess the economic, social and cultural impact of the use of intellectual property systems in Member States. Furthermore, there are a number of proposals that outline principles that WIPO is to follow when conducting development-related activities, such as technical assistance or
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norm-setting, including in the field of copyright and other areas that may be of relevance to the creative industries. The June 2007 meeting of the Provisional Committee on Proposals Related to a WIPO Development Agenda also recommended the establishment of a Committee on Development and Intellectual Property to plan, monitor, assess and report on the implementation of the WIPO Development Agenda. Such a Committee would also have a broader mandate to discuss intellectual property and development-related issues. It would therefore be a forum in which Member States could present new issues of concern that relate to intellectual property and development, including issues of relevance to the creative industries. In November 2009, WIPO convened a conference on “Building Partnerships for Mobilizing Resources for IP and Development” to address Recommendation 2 of the WIPO Development Agenda. The aim was to support developing countries, with a particular focus on LDCs and Africa, to access resources to promote the legal, commercial, cultural and economic exploitation of intellectual property in the developing world. The conference provided practical examples illustrating how the development impact can be achieved through the integration and use of intellectual property rights in national development plans and in the context of the UN Development Assistance Framework and Poverty Reduction Strategy Papers. Debates focused on three main areas related to intellectual property, namely: (i) aid for trade; (ii) science, technology and innovation for development; and (iii) the digital divide. The purpose was to help forge partnerships with development agencies and the donor community, and to identify ways in which this work might be supported by charitable foundations and through publicprivate partnerships.24
9 The international dimension of creative-industries policy
At the WIPO General Assembly in 2004, two developing countries, Argentina and Brazil, proposed the introduction of a Development Agenda for WIPO23 addressing the needs and concerns of developing countries with regard to IPRs. Another 12 developing countries supported the proposal and negotiations have started. In June 2007, WIPO Member States reached an agreement on a WIPO Development Agenda, a set of proposals aimed at integrating development concerns more closely into policymaking in the field of intellectual property protection. The 45 items recommended to the WIPO General Assembly for action are grouped into the following six broad clusters:
The Convention establishing WIPO entered into force in 1970. In April 2010, the agency celebrated the 40th anniversary of this date by unveiling a new logo and new visual identity, in line with the new directions being taken to keep pace with the rapid evolution of intellectual property in the 21st century. The intention was to send a clear sign of the Organization’s revitalization and strategic reorientation with
WIPO (2007). Press Release: “Member States Adopt a Development Agenda for WIPO”. http:// www.wipo.int/tk/en/folklore. C R E AT I V E E C O N O M Y R E P O R T 2 0 1 0
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