AGENDA ITEM 4: MONITOR, ASSESS, DISCUSS, REPORT ON THE IMPLEMENTATION OF ALL DA RECOMMENDATIONS Consideration of document CDIP/12/2 - Progress Reports 66 The Chair opened discussions on the Progress Reports contained in document CDIP/12/2. He invited the Secretariat to introduce the document.
67 The Secretariat (Mr. Baloch) informed the Committee that it would begin by introducing the reports on Specialized Databases’ Access and Support and the Project on Developing Tools for Access to Patent information.
Consideration of Annex I - Specialized Databases’ Access and Support and Annex – Phase II and Annex XIII - Project on Developing Tools for Access to Patent information – Phase II 68 The Secretariat (Mr. Roca Campaña) introduced the progress report for the project on Specialized Databases’ Access and Support – Phase II contained in Annex I of the document. The Secretariat recalled that the last report for the project was presented to the CDIP in November last year. The three main objectives of Phase II of the project were to sustain the successful training program implemented for the development of TISCs, including on-site training and distance learning courses; enhance the usage and further develop access to specialized patent and non-patent databases through the Access to Specialized Patent Information (ASPI) and Access to Research for Development and Innovation (ARDI) programs; and establish a new TISC knowledge management platform to facilitate exchange between TISCs at the national, regional, and international levels, provide complementary training to TISCs, and disseminate information materials to TISCs and the public. Phase II would be concluded in December. On-site training was continued in Phase II. In order to increase the effectiveness of capacity building and to reinforce the project’s impact and sustainability, on-site training in Phase II from early 2013 also included planning meetings to discuss a template project document comprising log-frame objectives, outcomes, outputs, activities and an action plan for implementation and agreement by all project stakeholders; and a training of trainers workshop for resource people from key national stakeholders who act as multipliers in building capacity throughout the country. The number of active ARDI users increased by over 100 percent to 201 institutions. ARDI consolidated more than 3,000 peer-reviewed journals available from 17 partner publishers to eligible institutions and also provided access to almost 7,000 e-books. ASPI continued to attract more users. Around 60 users were now registered. Five commercial patent databases were participating in the program. The “eTISC” knowledge management platform supporting TISCs and TISC networks established through the project was launched in November last year. It included forums, discussion groups, blogs, information on upcoming events, videos and pictures related to the project, as well as e-learning and online training webinars. Another unique element of the eTISC was its “Ask the Expert” series where internationally renowned experts shared their IP experience during Q&A sessions with eTISC members. The project was on track. Almost 100% of its resources would be utilized by year end. Phase II would be evaluated in April next year. It was foreseen that the project would be fully mainstreamed into WIPO’s regular activities from the next biennium (Program 14 of the draft Program and Budget for 20142015). The Secretariat turned to the Project on Developing Tools for Access to Patent Information- Phase II and introduced the progress report in Annex XIII of document CDIP/12/2. The preparation of patent landscape reports continued in Phase II. Two new PLRs (E-waste management and update of the Ritonavir report) were completed; two new PLRs were under preparation (animal genetic resources and abiotic stress adaption technologies) and two other PLRs were in the planning stage (accelerator technologies and medical devices). Ten new reports were included on the WIPO webpage. Draft methodology guidelines for the preparation of PLRs were developed. A regional workshop was organized in Brazil with respect to the guidelines. A further activity would also be organized by year end in Asia. The project was on track. Phase II would be evaluated next year and the report presented to the Committee. It was foreseen that the project would be fully mainstreamed in the next biennium (Program 14 of the draft Program and Budget for 201415). This was subject to the approval of Member States.
69 The Delegation of Cuba stated that both projects were of vital importance. The Delegation reiterated that the access requirements for the two databases should be revised in order for developing countries to really access the databases.
70 The Delegation of Senegal stressed that access to information and knowledge was extremely important for LDCs. Consequently, project DA_O8_02 on Specialized Databases Access and Support was of great interest. Senegal had benefitted from this project in its initial phase and found it to be extremely useful. The Delegation supported the continuation of the project. Through the project, Senegal had established a network of TISCs with a view to enhancing the capacities of local experts on technology and innovation. Access to patent information was provided through ASPI. Scientific and technical information was also available through ARDI. The Delegation was pleased that the project was proceeding in a satisfactory manner. Following improvements to ARDI and ASPI, the number of users had increased. The Delegation stressed that the continuation of the TISCs program in developing countries was a problem and they would benefit from assistance in the area of technological equipment.
71 The Delegation of Japan, speaking on behalf of Group B, made some general comments on document CDIP/12/2. The report provided a review of 13 projects that were carried out by WIPO under the DA. It also specifically referred to 19 DA recommendations. The Group had taken note of all the activities included in the report and welcomed the efforts by the Director General and his staff to achieve the goals for the period covering July 2012 to June 2013. At the same time, due consideration should be given to the fact that only a small number of projects proceeded on schedule and most projects were behind schedule. The current reporting structure was an effective mechanism to highlight the issue around meeting delivery timelines, allowing projects to mitigate delays in the future. In order to avoid a situation in which the delay of a project increased costs, the cost of delay should be analyzed in a proper manner and a mitigation strategy should be reflected in future projects. Furthermore, the situation should be taken into account when considering the launch of new projects in light of the total burden on the Secretariat. Furthermore, in deciding the number or the scope of new projects, the Group strongly believed it was critical to consider the prior authorization of activities in the whole context of WIPO taking account of the limited resources and budget of the Organization.
72 The Delegation of Lithuania, speaking on behalf of the EU and its Member States, referred to document CDIP/12/2. The report gave a comprehensive assessment of the work carried out by WIPO in 2013 in implementing the DA. They had taken note of all the activities included in the report and welcomed the efforts made by the Director General and his staff in achieving the goals for the preceding year as set out by the Member States of WIPO. The EU and its Member States were looking forward to continuing the work within the Committee and other relevant WIPO bodies to further consolidate the DA along with the overarching issue of IP protection.
Consideration of Annex IX - Project on Enhancing South-South Cooperation on IP and Development Among Developing Countries and LDCs 73 The Secretariat (Mr. Roca Campaña ) introduced the progress report for the Project on Enhancing SouthSouth Cooperation. The Secretariat began by highlighting that the Second WIPO Inter-Regional Meeting on South-South Cooperation on Patents, Trademarks, Geographical Indications, Industrial Designs and Enforcement was held in the Arab Republic of Egypt in May 2013. The meeting brought together over 100 participants from 35 countries (32 developing countries and LDCs). WIPO financed the participation of 26 representatives from developing countries and LDCs in Africa, Arab, Asia and the Pacific, and Latin America and the Caribbean regions, as well as two participants from countries with economies in transition. The report of the meeting was published on the WIPO website. The inclusion of South-South functionalities in the IP Technical Assistance Database (IP-TAD) and the IP Development Matchmaking Database (IP-DMD) also continued in the reporting period. The functionalities would be presented during the second annual conference on Friday. The WIPO web portal on South-South cooperation was also developed and would soon be launched with the new WIPO website. It would also be presented on Friday. WIPO also continued to coordinate closely with the UN Office for South-South Cooperation (UNOSSC). The Organization participated in the High-level Committee on South-South Cooperation. In 2012 and 2013, it also participated in the Global South-South Development Expo, an annual event which, since its inception in 2008, was hosted by UN agencies. The latest event was held in Kenya, during which a cooperation agreement was concluded with the UNOSSC in relation to WIPO GREEN. The project was on track as far as the delivery of the main outputs and activities were concerned. Considerable savings were made as the cost of air travel for the two interregional meetings was less than estimated and also because the South-South portal was developed internally and not outsourced.
74 The Delegation of Egypt, speaking on behalf of DAG, took note of the progress report, in particular, the sections on the way forward, implementation timeline and project self-evaluation. The last section outlined activities that were implemented in the first stage of the project, including the development of the South-South functionalities and the dedicated webpage on South-South Cooperation on the WIPO website. The Group noted that performance data on indicators of success in achieving project objectives were not presented in the progress report. It was stated on page 12 that relevant statistics would be provided at a later stage in the implementation of the project. The Group urged the Secretariat to fully implement the aforementioned activities. It also recalled that the project delivery strategy required the Secretariat to undertake the following activities before the first phase of the project was completed. First, “support and assist developing countries and LDCs to provide training and capacity building activities to other developing countries and LDCs, including in the training of patent examiners, and other IP officials, judiciary, competition authorities, sharing of information among IP offices.” The support and assistance would initially be provided through the introduction of the new functionalities. However, it was not confined to that. The Group would appreciate the implementation of this activity in the current period. Second, “increase the use in WIPO technical assistance and capacity building activities of resource persons and experience sharing from developing countries and LDCs. Better coordinate the work on South-South Cooperation with WIPO’s regional Bureaus”. This activity still needed to be implemented. Third, “establishment of an interactive web portal/virtual network among IP offices, universities, public research institutions, and civil society organizations in developing countries and LDCs, to foster the building of institutional linkages and collaborative research projects, and enhance access to knowledge, and the transfer of technology”. The Group recognized that a questionnaire had been prepared in relation to this activity. It looked forward to the establishment of a portal and its use by Member States. The Group would like the Secretariat to explain the plans and measures it intended to implement in order to mainstream, sustain and maintain the project results and deliverables, especially with regard to the appointment of a permanent focal point on South-South cooperation. The Group understood that the project manager was currently the ad hoc or interim focal point. A permanent focal point had not been appointed. The Group referred to the WIPO webpage on South-South cooperation and the interactive web portal/virtual network. It understood that the portal would be established. There was a need to ensure that it would be updated and maintained. The Group stressed that the project was important for all Member States, especially developing countries and LDCs. Therefore, the Group requested WIPO to allocate sufficient resources to implement and mainstream South-South activities in the proposed Program and Budget for 20142015 in accordance with the Joint Inspection Unit recommendations to WIPO on South-South cooperation and to report regularly on these activities as part of the PPRs presented to Member States.
75 The Delegation of South Africa aligned itself with the statement made by the Delegation of Egypt on behalf of DAG. One of the key project deliverables was the appointment of a permanent focal point for South-South cooperation. The Delegation would like to know the current status with regard to the appointment of the focal point. It also enquired as to whether WIPO would continue to coordinate with the UNOSSC.
76 The Delegation of Georgia referred to Phase II of the TISC project. The patent offices, academic institutions and research bodies in selected middle-income countries paid subscription fees to access the ASPI database. In the past, trial access was provided to some institutions in the countries within its region. The Delegation enquired as to whether countries in transition or middle-income countries in Group 2 could also be granted free access to such specialized databases in the future.
77 The Chair invited the Secretariat to respond to the questions and comments from the floor.
78 The Secretariat (Mr. Roca Campaña) referred to the comments made by the Delegation of Egypt. Specific training activities had yet to be undertaken under the project. The budget did not provide for specific training activities in the fields that were mentioned. However, these training activities were being organized in coordination with the regional bureaus in the Developing Sector. Furthermore, information on the activities was included in the IP-TAD. These activities were specifically conceived for the countries of the South. On the interactive web portal, the Secretariat stated that only 34 developing countries had responded to the questionnaire. It was insufficient for the Secretariat to establish the interactive portal. Developing countries were encouraged to submit information on their South-South cooperation activities, interests and focal points. Work would continue on this activity. There were delays in the development of the dedicated webpage due to the redesign of the entire WIPO website. However, it would be presented on Friday during the annual conference. With regard to performance data and out indicators, relevant statistics would be provided in accordance with the approved proof project documents. It was too early to identify the impact related the project’s objectives. However, some performance data had been gathered and would be provided with the evaluation report. The project was due for completion at the end of this year. It would then be evaluated. The final evaluation report would be submitted to the CDIP in April. Member States would then decide on whether there should be a second phase. A focal point had been appointed for South-South cooperation in general and the management of the project in particular. The appointment was project bound. This was included in the project. There was no permanent focal point. In addition to managing the project and its implementation, the focal point also coordinated with the UNOSSC. Referring to the question from the Delegation of South Africa, the Secretariat stated that it was coordinating closely with the UNOSSC. It was likely that the Deputy Director of the UNOSSC would attend the South-South Conference on Friday, and upon confirmation from his office, the Director of the UNOSSC would also participate in the launch of WIPO GREEN.
79 The Delegation of Egypt, speaking on behalf of DAG, noted that although the project was supposed to end in December, several activities had yet to be implemented. There was also the issue of whether there would be resources to maintain outputs after the end of the project. In this context, the Group would like to know whether the webpage and interactive portal would continue to function when the project came to an end in December. As these were key project deliverables, they should continue to be updated regularly and maintained.
80 The Delegation of South Africa recalled that when the project was negotiated, the idea of a permanent focal point was expressed as South-South cooperation was not a one-off thing. The Delegation understood that the appointment of the project manager as focal point was project-bound. As such, it enquired as to what would happen in the long run. The Delegation did not know whether this would be discussed during the evaluation of the project. However, it wanted to put on record, its understanding that a focal point should be appointed on a permanent basis.
81 The Secretariat (Mr. Roca Campaña ) stated that the issue should be discussed. A decision should be taken by Member States when the evaluation and future of the project was discussed in the next CDIP. The Secretariat would continue to develop and update the database if it was mandated to do so by the Member States. Resources would be required and it was up to the Member States to decide on this.
Consideration of Annex II - Pilot Project for the Establishment of “Start-Up” National IP Academies – Phase II 82 The Secretariat (Mr. Di Pietro) introduced the progress report in Annex II of document CDIP/12/2. The overall objective of the “Start-Up” National IP Academies project was to strengthen national and regional institutional and human resource capacity through further development of infrastructure and other facilities, with a view to making national institutions more efficient and promote a fair balance between IP protection and the public interest, as well as to meet national development priorities and goals and to meet the increasing local demand from IP specialists, professionals, government officials and other stakeholders. Phase II was approved by the CDIP in May 2012 after an independent evaluation of the project. It allowed for the allocation of additional resources and the adaptation of timelines. The project was expected to conclude in December 2013 when it would be streamlined into the WIPO Academy’s budget for the 2014-2015 biennium. By the end of 2013, the Academy would have assisted six pilot countries (Colombia, Dominican Republic, Egypt, Ethiopia, Peru and Tunisia) to establish self-sustaining IP training centers. The report was for August 2012 to August 2013. The Secretariat provided some updates on activities held thus far. From May 2012 to date, the project delivered several results. Sixteen scholarships were awarded to key trainers to pursue Master’s degrees in IP. Over 180 hours of training were organized for national academy coordinators on project management, aspects of the WIPO DA, and the coordination of human resources. Each training center or academy had its own national academic coordinator. So far, 47 trainers from three pilot countries had completed the training of trainers program and were certified as national IP trainers. The program included around 150 hours of training on substantive IP issues, teaching methodologies and techniques, and aspects of the WIPO DA. 15 other trainers were expected to complete the program before year end. The six pilot countries were also participating in the WIPO Depository Library Program. Thus, the publications listed in the WIPO catalogue were made available to the national IP libraries. Additional publications were also identified for all six pilot countries. These were delivered to two countries. Four pilot countries (Colombia, Dominican Republic, Peru and Tunisia) were currently delivering national training programs for external audiences. The curricula included the promotion of discussions on a fair balance between IP protection and the public interest. The programs were delivered by local trainers. National IP academies were officially opened in four pilot countries (Colombia, Dominican Republic, Peru and Tunisia). Throughout the reporting period the project management team had focused on concluding cooperation activities with the pilot countries. The activities were mostly focused on elements of the DA and their inclusion in national training curriculum. Two countries (Dominican Republic and Peru) were moving towards the phase out stage. Two other countries (Colombia and Tunisia) were expected to conclude cooperation activities in December 2013. By year end, the project was expected to deliver a set of tools and guidelines which may be used as a reference for other interested Member States to create their own training institutions; enhance the IP libraries in four pilot countries (Colombia, Dominican Republic, Egypt and Ethiopia); develop two further modules for the training of trainers (Colombia and Egypt); conclude cooperation activities with two other countries (Colombia and Tunisia); and certify 15 trainers from Colombia.
83 The Delegation of the United States of America was very pleased to learn of progress made on this important project. However, the evaluator noted that internal restructuring in Member State participants led to the replacement of key personnel. The Delegation recalled that this challenge was also noted in the 2012 report on the project. Of course, this was a challenge faced in any technical assistance projects that relied upon and invested in crucial personnel to carry the program forward. The Delegation would be interested in hearing if there had been any mitigation of this risk to insure project sustainability since the issue was identified in the 2012 report and how WIPO would design projects to manage this risk in the future.
84 The Delegation of Egypt took note of progress made on the Project. In the case of Egypt, three trainers obtained Master’s degrees and two modules for the training of trainers were delivered. The Delegation did not agree with the paragraph which stated that the national political situation jeopardized the organization of training sessions by an international trainer. The authorities had requested WIPO to provide such training but the Secretariat did not respond to the invitation. The authorities had also put forward many persons with experience in this area. The Delegation stressed on the importance of cooperating with its authorities in the implementation of the project, especially in the context of assistance provided by WIPO. Work on the training courses and library should be balanced to achieve national training objectives.
85 The Delegation of Bangladesh, speaking on behalf of the Asia Pacific Group, was pleased that the project had proved to be feasible and viable. It was relevant to the needs and aspirations of most developing countries and LDCs. There was a wide consensus that the start-up national IP academies greatly contributed to meeting national development priorities and increasing local demand from IP professionals, stakeholders and the government. In this respect, the establishment of start-up national IP academies in developing countries, and in particular, LDCs could greatly contribute to bridging the existing gap between the desired and the available. The project helped to create capacity in terms of institutional infrastructure and human resources in developing countries and LDCs. As the academies were self-sustaining, there would not be any long-term financial obligations on WIPO. Thus, Phase II of the project should be further pursued and replicated elsewhere in order to build critical human resources to deliver IP related training and services. The Group hoped that the academies would contribute to the creation and promotion of a proper balance between rights and responsibility. It would like the project to be continued and replicated in other developing countries and LDCs. If required, additional financing could be provided by WIPO or any other suitable source.