First Quarter 2004 – Non-violation Complaints in Regional and Bilateral Trade Agreements: Making the WTO Process Irrelevant

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When the General Assembly, the supreme organ of the World Intellectual Property Organization (WIPO), meets in September, it will be asked to provide direction on issues crucial to developing countries and civil society organizations. Topics such as the inter-relationship of the different fora addressing the issues of genetic resources and traditional knowledge, the protection of broadcasting organizations, and the future of the Substantive Patent Law Treaty (SPLT), all which raise serious concerns from a development perspective, will be among the issues considered by Member States as they discuss the upcoming work of WIPO. In addition, though developing countries and non-governmental organizations (NGOs) have become increasingly involved and influential in WIPO discussions, their effective participation at the General Assembly level, where it is more difficult to determine the relevant issues and how they relate in a broader context, remains a challenge.

The purpose of this note is therefore to highlight and briefly analyze key issues likely to be discussed in the General Assembly, thus facilitating an adequate consideration of topicsrelevant to the intellectual property and development agenda pursued by developing countries and NGOs. Section B starts by providing a brief explanation of the WIPO General Assembly, its functions, and procedures. Section C then expounds on the matters relating to discussions at the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), at the Standing Committee on Copyright and Related Rights (SCCR), and at the Standing Committee on the Law of Patents (SCP) that may be put forth to the General Assembly. Finally, Section D summarizes the main points and highlights the need for a coherent and coordinated participation by developing countries and civil society organizations.

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