IP Justice: Statement of Group of Friends of Development

Statement of the Group of Friends of Development
6 March 2005

Regarding a statement released at the end of informal consultations by
some participants who took part in a meeting held in Casablanca,
Morocco, on February 16, 2005, convened by the International Bureau of
WIPO, the Group of Friends of Development (Argentina, Brazil, Bolivia,
Cuba, Dominican Republic, Ecuador, Egypt, Iran, Kenya, Peru, Sierra
Leone, South Africa, Tanzania and Venezuela) wishes to:

1.  Recall that an inclusive, transparent and open-ended modus operandi
is a core element behind the idea of making WIPO and the intellectual
property system more responsive to the needs and interests of developing
and least developing countries. This is part of the broader concept
contained in the call for an effective and substantive 'Development
Agenda' for WIPO.

2.  Underline the mandate of the General Assembly to the effect that 'the
date of the next Standing Committee on Law of Patents (SCP) should be
determined by the Director General following informal consultations that
he may undertake'. Accordingly, such consultations must be focused on
establishing a date for convening the SCP. They cannot involve, modify
or affect decisions adopted by the General Assembly, more so on matters
of substance as those related to the controversial SPLT negotiations, or
establish a work programme.

3.  Stress that the General Assembly adopted a specific Decision in
relation to the Proposal for the Establishment of a Development Agenda
for WIPO. This is an issue of the utmost importance to countries who
co-sponsored the proposal and it shall be further examined and
elaborated upon in April 2005, at the first formal inter-sessional
intergovernmental meeting, at which the entirety of the Organization's
membership will be represented. The Decision states that the
inter-sessional intergovernmental meetings will prepare a report for
consideration of the next General Assembly.

4.  Reaffirm the importance they attach to multilateralism and their
commitment to strengthening it also within the sphere of WIPO through
constructive and concrete proposals for a work program of the
Organization that serves the interest of all members, particularly those
of developing and least developed countries. In this context, they are
also committed to work towards consensus building on all issues under
consideration.

5.  Reaffirm that:

~ Should an SCP meeting be convened for the next month of May, it should
consider and endorse the continuation of the negotiations of the SPLT on
the basis of the draft treaty as a whole, including all the amendments
that had been tabled by Member States to ensure a balanced treaty on the
substantive harmonization of patent law that will address the concerns
of all parties to the negotiations. To that end, the SPLT should
include, inter alia, provisions on the transfer of technology, on
anticompetitive practices, on the safeguarding of public interest
flexibilities, as well as specific clauses on principles and objectives.

~ The Members States of the SCP have the prerogative to decide on the
convenience and opportunity of transmitting to the General Assembly any
proposals presented to the SCP on issues under the competence of that
Standing Committee.


6.  Request the International Bureau formally to circulate the present
Statement to all Member States of WIPO as soon as possible.


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