On 15 June 2012, the World Intellectual Property Organization and the Australian Permanent Mission to the World Trade Organization signed an agreement and released a joint communiqué “detailing how an AUD$2 million Australian contribution would assist least-developed and developing countries improve their intellectual property systems”.
According to the joint communiqué, the MOU targets four priority themes: “developing intellectual property systems; promoting technology transfer; addressing neglected tropical diseases and ensuring persons with print disabilities have equal access to published works as persons without print disabilities.”
KEI obtained has obtained the a copy of the objectives and priority themes for the Australia-WIPO MOU which is entitled, “Memorandum of Understanding between the World Intellectual Property Organization (WIPO) and Australia Concerning Australian Funds-In-Trust Objectives and Priority Themes of the Australian Funds-In Trust Memorandum of Understanding With WIPO”. This document provides an outline of the objectives and proposed priority areas for technical assistance under the MOU.
To see a copy of the document, please open the following link:
WIPOMOUAustralia
The objectives of the MOU between Australia and WIPO are as follows:
ObjectivesIn meeting the broad objectives of the Memorandum of Understanding, the activities to be carried out for LDCs and developing countries under the Australian Funds-in-Trust will have the following general objectives:
- Promote the development of IP systems in the Asia Pacific region as well as LDCs more broadly;
- Contribute to Australia’s obligations for technical assistance and technology transfer under Articles 66.2 and 67 of the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). In doing so, there will be a focus on LDCs and funding of technical assistance activities that include practical technology transfer skills and tools for LDCs and developing countries;
- Assist WIPO and Australia to respond to country driven demands for technical assistance in the region in an expeditious manner; and
- Support implementation of the WIPO Development Agenda as well as initiatives addressing specific global IP challenges such as neglected tropical diseases.
With respect to priority theme A on the development of IP systems in the Asia Pacific region as well as LDCs, the MOU provides the following details.
The objective is to address gaps in the IP systems of Asia-Pacific countries and beyond as well as depth of experience in some aspects of IP administration. To help address some of those gaps and to assist WIPO to meet individual needs identified by Member States more expeditiously, Funds-in-Trust will be directed towards a broad suite of activities including
- the development and implementation of national IP strategies in conjunction, wherever possible and appropriate for LDCs, with the development of needs assessments in relation to the implementation of the TRIPS Agreement;
- assisting LDCs and certain developing countries to accede to and implement WIPO treaties such as the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks and the Patent Cooperation Treaty; and
- providing experts to countries to address gaps or lack of expertise including in human resource matters, developing examiner manuals, advanced examiner or hearing officer training, undertaking public education and awareness activities and IT automation and support to IP offices and other IP institutions such as collective management organizations.
Requests for assistance may be received by either WIPO or IP Australia. Specific tasks will be mutually decided by WIPO and IP Australia before work commences.
With respect to neglected tropical diseases, the MOU outlines the following:
[t]he Australian Funds-in-Trust will provide support to the WIPO Re:Search. The objective is to assist WIPO to effectively use IP to address a global health challenge which affects many LDCs, and through this to provide continued support for the United Nation’s Millennium Development Goals. A further allied objective is to promote technology transfer for scientists, particularly from LDCs.This activity involves private sector companies, including those in Australia, hosting researchers at their facilities to research neglected tropical diseases, malaria and tuberculosis.
WIPO will inform IP Australia of any additional requests for assistance. IP Australia will then consider and, if appropriate, consent to the requests before placement commences.
On the subject of copyright and related rights, the MOU states,
[t]he Australian Funds-in-Trust will provide support to the Trusted Intermediary Global Accessible Resources (TIGAR) project. TIGAR seeks to facilitate cross-border exchange of copyright protected electronic files for books in accessible formats between national libraries and charitable institutions (trusted intermediaries) serving the blind, visually impaired and other persons with print disabilities.
The AUD$2 million contribution is part of a larger AUD$16 million aid for trade package announced by Australia at the 8th WTO Ministerial Conference in December 2011 with the expressed purpose of helping “developing countries and LDCs to benefit in key areas such as trade development, trade policy and building productive capacity”.(Source, Department of Foreign Affairs and Trade (DFAT), http://www.dfat.gov.au/trade/trade_and_development/index.html) According to DFAT,
[t]he funding comprises multi-year support for the WTO Global Trust Fund, WTO GTF ($8 million), the EIF ($3 million) and International Trade Centre, ITC ($3 million) and a contribution to the World Intellectual Property Organization, WIPO ($2 million). These organizations all play key roles on aid for trade and their trade and development priorities closely match Australia’s. Australia’s contributions will be made over the period 2012 to 2015 (Source, Ibid).