General Statement of Development Agenda Group to WIPO General Assemblies (delivered by Brazil)

The general statement of the Development Agenda Group (DAG) was delivered by H.E. Ambassador Roberto Azevêdo (Brazil) on 1 October 2012.

On the pressing issue of a treaty for copyright exceptions for the blind, the Development Agenda Group noted that,

the DAG expresses its satisfaction at the outcome of the last session, in particular within the work program on exceptions and limitations. We expect the General Assembly to endorse it fully, so that a diplomatic conference can be convened in the first half of 2013 for the adoption of a treaty in favor of visually impaired persons (VIPs). Member States must not miss the opportunity to conclude a treaty next year. The Group expresses its expectation that work be expedited in other categories of beneficiaries of limitations and exceptions to copyrights, as well as in the protection of broadcasting organizations in accordance with the timetable established by the SCCR for the period 2013-2014.

Please find the complete statement below.

WIPO – General Assembly – 2012

Development Agenda Group

Opening Statement

Statement delivered by the Permanent Representative of Brazil, Ambassador Roberto Azevêdo

Mr. President,

I have the honor to deliver this statement on behalf of the Development Agenda Group (DAG).

The DAG wishes to join other Groups and delegations in expressing our confidence in your able stewardship of this (50th) Fiftieth Series of Meetings of the Assemblies of the Member States of WIPO. The DAG also takes this opportunity to thank the Director-General, Francis Gurry, and, through him, the entire staff of WIPO for the efforts over the past 12 months. WIPO has concrete results to show for those efforts.

The DAG was created in 2010 with a clear mission: to strive for the mainstreaming of the Development Agenda Recommendations into all areas of work at WIPO. Five years after the approval of the Development Agenda, in 2007, by this very Assembly, implementation is still very much work in progress.

Positive steps have been taken. The coordination and monitoring mechanism is a good example, even though not all Committees are yet recognized by Member States as being covered by the mechanism, in particular the Committee on WIPO Standards and the Program and Budget Committee.

Progress has also been made in norm-setting activities. The DAG congratulates Member States for the approval, last June, of the Beijing Treaty on the protection of audiovisual performances. This is the first treaty concluded after the adoption of the Development Agenda Recommendations and it recognizes, in its Preamble, their importance. The treaty also incorporates, in a number of “agreed statements” that were negotiated in Beijing, topics intended to give it a higher degree of balance between the interests of rights holders and those of society and public policy. In so doing, the Beijing Treaty may be considered as the first truly “post-Development Agenda” treaty adopted at WIPO.

Mr. President,

Currently, Member States have been engaged in three important norm setting activities in three different standing WIPO bodies: the Standing Committee on Copyrights and Related Rights (SCCR), the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), and the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT).

With respect to the SCCR, the DAG expresses its satisfaction at the outcome of the last session, in particular within the work program on exceptions and limitations. We expect the General Assembly to endorse it fully, so that a diplomatic conference can be convened in the first half of 2013 for the adoption of a treaty in favor of visually impaired persons (VIPs). Member States must not miss the opportunity to conclude a treaty next year. The Group expresses its expectation that work be expedited in other categories of beneficiaries of limitations and exceptions to copyrights, as well as in the protection of broadcasting organizations in accordance with the timetable established by the SCCR for the period 2013-2014.

In the IGC, important progress has been made since the last General Assembly in developing consolidated texts on Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions. Momentum must not be lost. Member States have now to agree, during this Assembly, on a calendar of meetings and on future work of the IGC. The DAG supports the establishment of a calendar that includes an adequate number of IGC meetings prior to next ordinary General Assembly meeting, to cover the three areas under discussion, coupled with a process of informal and inclusive consultations to be led by the Chair of the Committee, Ambassador Wayne McCook, in order to give a fresh and focused impetus to work of the IGC.

Regarding the SCT, the DAG is pleased to see that Cluster B of the Development Agenda Recommendations seems to have been incorporated to the work of the Committee. The study prepared by the Secretariat on the potential impact, on developing countries, of the SCT’s activities on Industrial Design Law and Practice, is a welcome example of how to integrate Cluster B in a norm-setting process. The DAG stresses the need for a balance between costs and benefits, through providing technical assistance and capacity building and ensuring the regulatory space. The Group remains committed to the ongoing discussions regarding industrial design law.

Mr President,

The Committee on Development and Intellectual Property – CDIP performs a key role in mainstreaming the DA across WIPO’s work, by means of the coordination mechanism and monitoring, assessing and reporting modalities. We encourage the CDIP to give detailed consideration to the reports submitted to the General Assembly by the various WIPO bodies to undertake meaningful analysis of them.

The DAG welcomes, in particular, the preparatory process for the convening of a Conference on Intellectual Property and Development, the terms of reference of which are under debate. This event should allow for a strategic reflection on the interplay between IP and development and for opening new perspectives for further work at this Organization.

The DAG is pleased to see the work being developed by the PBC. The Program Performance Report for 2010-11 has been reviewed by the Committee, and Member States engaged in a live discussion on how to improve this essential accountability tool. A process to refine the definition of development expenditure at WIPO is under way, and the Group fully supports the adoption of a clear, precise definition that will help Member States to evaluate the efforts being made by the Organization in effectively implementing development-oriented activities. The agenda item on governance has been retained for the next session and the DAG hopes this issue will be thoroughly discussed by the Committee.

Thank you.

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