Brazil’s General Statement to the WIPO General Assemblies was delivered by H.E. Ambassador Roberto Azevedo, Head of the Delegation of Brazil. The statement broached many topics including the treaty for the sharing of accessible works for persons who are blind or have other reading disabilities, the legitimate trade of generics and the Development Agenda.
Here is an excerpt of the intervention dealing with the treaty for reading disabled persons:
In the SCCR, Brazil favours further comprehensive discussions on limitations and exceptions. More specifically, achieving progress on talks about a legal instrument that makes access to education and culture possible for the visually impaired will be the ultimate test for the capacity of WIPO to live up to the values of the United Nations and to contribute to the attainment of the Millennium development goals. We must continue to work towards an effective convergence of the international systems for the protection of human rights and of intellectual property.
The full statement is reproduced below
Statement by Ambassador Roberto Azevedo
Head of the Delegation of Brazil
47th Assemblies of the World Intellectual Property Organization
Geneva, September 22nd to October 1st, 2009
Mr. Chairman,
Let me start by congratulating you on your election to the highest decision-making position within the World Intellectual Property Organization. Under your leadership, Ambassador Dumond, our work will be in good and experienced hands. You may always count on the delegation of Brazil to help you during this period of sessions of the General Assemblies.
May I also express the satisfaction of my delegation with the presence among us, as usual during the Assemblies, of representatives from civil society, the private sector, and the academic community, all of whom have traditionally enriched the debates held here with their respective contribution.
I would finally like to thank the Director-General of WIPO, Francis Gurry and, through him, also thank the Secretariat for their valuable work.
Mr. Chairman,
As a specialized body within the UN system, WIPO has not only the legitimate credentials, but also the necessary expertise and human resources that enable it to take centre stage in the debate on the evolution of the international system for the protection of intellectual property.
We believe that it is in the best interest of all member States to preserve the role of WIPO in setting intellectual property rules, principles and procedures. Initiatives outside WIPO will lack legitimacy and will fail to fulfil the most basic and necessary requirements to prosper. Furthermore, they will not enjoy the support of the most dynamic markets in today’s world economy. Consensus building is possible as long as the interests of all parties are taken into account.
Brazil will always be in favour of multilateral approaches. In intellectual property, multilateralism is only found in WIPO. We are ready to contribute in building a work program that is balanced and capable of effectively addressing the multiplicity of interests and social and economic realities represented in this Organization.
In his report to the Assemblies in the opening session, the Director-General, Francis Gurry, stated that one of the questions he believed he and the Secretariat should continually ask themselves was (quote) “….what does a Member State get out of being part of this Organization?” (unquote).
Developing countries ask themselves the same question.
In our view, Mr. Chairman, one of the answers to that question is to be found in the Development Agenda, which was approved in 2007. We believe that a key element to strengthening the role played by WIPO is to make progress in the implementation of the Development Agenda.
As is well known, the main goal of the Agenda is to extend the benefits of the intellectual property system to developing countries as well as to those communities not yet integrated into the economy of innovation. With a view to implementing the Development Agenda, adjustments will have to be made in the very way in which WIPO has traditionally operated. Firstly, a change in the Organisation’s culture will have to take place with the aim of not only providing for greater transparency and accountability across WIPO, but also allowing member States to have a higher degree of control over the activities of the Organisation. Secondly, there is a need for a systemic approach leading to the mainstreaming of the recommendations of the Development Agenda into the work of all Committees. Towards that end, Brazil supports the setting up of a system for monitoring, coordinating, and assessing progress in the implementation of the Development Agenda, now under consideration at the Committee on Development and Intellectual Property.
One of the pillars of the Development Agenda is undoubtedly capacity building. Brazil believes, however, that capacity building cannot be confined to ensuring compliance; capacity building goes much beyond that; it must enable developing countries to take advantage of the intellectual property system.
To a large extent, the Development Agenda constitutes uncharted territory within WIPO, thereby requiring member States to adopt a path-finding mindset. We have the challenge of learning “on the run”. That is why methodologies used for implementing and monitoring the Agenda must remain flexible and open to adjustments as we make progress.
Mr. Chairman,
The fundamental objective of the Development Agenda — of extending the benefits of the intellectual property system to countries and communities excluded from innovation –, must guide our deliberations on the renewal of the IGC on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore. The expectation of Brazil’s delegation is that the Assembly will be able to overcome the circumstances that prevented agreement at the last session of the Committee. We do hope that the IGC will be given a fresh and strong mandate calling for the negotiation of legally binding instruments.
In the SCCR, Brazil favours further comprehensive discussions on limitations and exceptions. More specifically, achieving progress on talks about a legal instrument that makes access to education and culture possible for the visually impaired will be the ultimate test for the capacity of WIPO to live up to the values of the United Nations and to contribute to the attainment of the Millennium development goals. We must continue to work towards an effective convergence of the international systems for the protection of human rights and of intellectual property.
At the ACE, resumption of work will provide a good opportunity for a qualitative change in the approaches dealing with enforcement issues. Results in combating infringement of intellectual property rights can only be effective if they are sustained over time, if they touch on all the dimensions of this complex question, and if they contribute to the achievement of the objectives of the international system of intellectual property, as defined by the TRIPS Agreement. Against this background, it is imperative, for instance, to prevent abusive enforcement measures that do not respect the principle of territoriality and that create barriers to the legitimate trade of generic drugs, thereby de facto denying the right of access to medicine.
Mr. Chairman,
Brazil wishes to enhance its contribution to WIPO.
As I have already said, it is in our interest to support the central role this Organization must play in the international debate of intellectual property.
With that in mind, Brazil will be presenting concrete contributions over the next few months.
At the SCP, we are in the process of finalizing submissions on (i) exceptions and limitations; (ii) sufficiency of disclosure, (iii) data base, and (iv) South-South cooperation among patent offices.
Within the ACE, Brazil will submit a proposal for a work program.
At the CDIP, we will seek to foster debates on: (i) the interplay between intellectual property and competition policy and (ii) technology transfer.
In the SCCR, we will keep contributing to make progress on exceptions and limitations.
Brazil is also open to a balanced debate on the reform of the PCT.
In conclusion, Mr. Chairman, let me recall once more the key question contained in the Director General’s report: “….what does a Member State get out of being part of this Organization?”
From the perspective of a developing country, the future paths for WIPO will be determined by our ability to adequately answer this question. We must resist the temptation to impose answers. We must find them together.
Thank you.