assessment
at
To seek inputs from LDCs on the draft diagnostic
identifying their needs for financial and technical co-
diagnostic
studies
in
LDCs
aimed
toolkit, ICTSD, in cooperation with Saana Consulting,
operation in the context of the implementation of the
organized a dialogue on ‘Improving IP Technical
WTO TRIPS Agreement.2
Cooperation for LDCs to Facilitate the Implementation of the TRIPS Agreement’ in Geneva, on 3rd May 2007,
2. Objectives
for Geneva-based LDC missions to the WTO. 4 During the
The overall objective of the needs assessment project is to assist LDCs in identifying their technical and financial cooperation needs in light of the request by the TRIPS Council in its decision of 29 November 2005 and their obligation to implement the TRIPS Agreement by 1 July 2013. The specific objective of the national needs assessments is to review the current status of the IPRs regime in LDCs and to provide assistance for the next stage of required reforms, together with a tailored program of capacity building and awareness raising for key stakeholders from government, the private sector and civil society.
meeting, the draft diagnostic toolkit was presented and inputs were received from LDCs representatives. Then, the project was also introduced at the LDC Group coordination meeting at the WTO where positive feedback on the project and the toolkit were received. The application of the diagnostic toolkit, at the national level, entailed a number of steps including: the designation of a national focal point
(usually
the Ministry of Trade), the organization of a national stakeholder consultation to collect information from stakeholders to facilitate the identification of needs and present the diagnostic toolkit, interviews with a
3. Design and Implementation
number of key stakeholders to supplement information
The IP needs assessments project for LDCs was designed to
finally a validation process leading to the adoption
be based on a consultative and participatory process at all
of the needs assessment report and its submission to
stages with strong involvement of relevant stakeholders,
the TRIPS Council. National stakeholder consultations
in particular representatives of LDCs in Geneva and
have been held in Sierra Leone, Uganda, Rwanda
national stakeholders in LDCs where the needs assessments
and Cambodia. 5
provided at the national stakeholder dialogue and
were undertaken.
Feedback received from LDCs, at different levels,
To carry out the needs assessments in LDCs, the project
pointed to the importance of not construing the needs
first endeavored to elaborate a methodology which
assessment process as a narrow exercise focusing
could be replicated in different countries.
only on legal and adminstrative changes required for future TRIPS implementation. Rather, they underlined
This methodology consisted of a ‘Diagnostic Toolkit’,
that it should also look into the means towards
tailor-made to the needs of LDCs, which contained
“creating a sound and viable technological base”
a checklist of questions aimed at identifying their
taking advantage of the transition period granted to
IP technical assistance and financial cooperation
LDCs under TRIPS. 6
needs
in
five
different
1)
the
national In this context, the section of the diagnostic toolkit
the IPR administration regime; 4) the IP enforcement
on promotion of innovation, creativity and technolgoy
and
transfer acquired particular importance in the context
to
regulation the
regime
promotion
technology transfer.3
2
2
areas:
development context; 2) the IP policy framework; 3)
of
and
5)
issues
innovation,
pertaining
creativity
and
of the needs asssement process in many of the LDCs. Rwanda, for instance, choose to make it the first
More information is available online at: http://www.iprsonline.org/ictsd/LDCneeds.htm
3
The Diagnostic Toolkit is available online at: www.iprsonline.org/ictsd/docs/LDCToolkit-final.pdf
4
Information on this consultation is available online at: http://www.iprsonline.org/ictsd/Dialogues/2007-05-03/2007-05-03_desc.htm
5
Information is available online on the national stakeholder consultations in Sierra Leone, 16-17 July 2007 (see http://ictsd.org/i/events/ dialogues/38589/), Uganda, 18 - 27 July 20 07 (see http://ictsd.org/i/events/dialogues/38584/), Rwanda 29th September and 9th March 2009 (see http://ictsd.org/i/events/dialogues/66755/) and Cambodia 3rd February (see http://ictsd.org/i/events/dialogues/69453/).
6
The Preamble to the TRIPS Agreement recognizes “the special needs of the least-developed country Members in respect of maximum flexibility in the domestic implementation of laws and regulations in order to enable them to create a sound and viable technological base”.
LDC Needs Assessment under TRIPS: The ICTSD experience (2007-2011)
April 2011