LDC Needs Assessment under TRIPS: The ICTSD Experience (2007-2011)

Page 2

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


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