E CDIP/22/18 PROV. ORIGINAL: ENGLISH DATE: MARCH 19, 2019 Committee on Development and Intellectual Property (CDIP) Twenty-second Session Geneva, November 19 to 23, 2018 DRAFT REPORT prepared by the Secretariat CDIP/22/18 Prov. page 2 1. The 22nd session of the Committee on Development and Intellectual Property (CDIP) was held from November 19 to 23, 2018. 2. The following States were represented: Albania, Algeria, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Barbados, Bhutan, Bolivia, Brazil, Bulgaria, Burkina Faso, Cabo Verde, Cameroon, Canada, China, Congo, Côte d’Ivoire, Croatia, Cuba, Czech Republic, Democratic People’s Republic of Korea, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, France, Gabon, Germany, Ghana, Greece, Guatemala, Honduras, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Jamaica, Japan, Jordan, Kenya, Kuwait, Latvia, Lebanon, Liberia, Lithuania, Madagascar, Malaysia, Malta, Mauritania, Mexico, Morocco, Myanmar, Namibia, Nepal, Nicaragua, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saudi Arabia, Senegal, South Africa, Spain, Sri Lanka, Switzerland, Syrian Arab Republic, Thailand, the Former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United States of America, Venezuela (Bolivarian Republic of), Viet Nam, Yemen and Zimbabwe (97). 3. The following intergovernmental organizations (“IGOs”) took part as observers: African Regional Intellectual Property Organization (ARIPO), Communauté Economique et Monétaire en Afrique Centrale (CEMAC), European Union (EU), European Union Intellectual Property Office (EUIPO), Food and Agriculture Organization of the United Nations (FAO), Federation of Arab Scientific Research Councils (FASRC), Organization of Islamic Cooperation (OIC), Patent Office of the Cooperation Council for the Arab States of the Gulf (GCC Patent Office), South Centre (SC), World Health Organization (WHO) and World Trade Organization (WTO) (11). 4. Representatives of the following non-governmental organizations (“NGOs”) took part as observers: Association Congolaise pour le Développement Agricole (ACDA), Confederacy of Patent Information User Groups (CEPIUG), CropLife International (CROPLIFE), European Law Students’ Association (ELSA International), Foundation for a Centre for Socio-Economic Development (CSEND), Health and Environment Program (HEP), International Center for Trade and Sustainable Development (ICTSD), International Association of Scientific Technical and Medical Publishers (STM), International Video Federation (IVF), Knowledge Ecology International, Inc. (KEI), Médecins Sans Frontières (MSF), Medicines Patent Pool (MPP), Motion Picture Association (MPA), National Intellectual Property Organization (NIPO), RSRIIP Intellectual Property Corporation (RSRIIP), World Federation of Engineering Organizations (WFEO) (16). 5. The list of participants is annexed to this report. 6. Mr. Hasan Kleib, Ambassador, Permanent Representative of Indonesia, chaired the session. Ms. Kerry Faul, Head, National Intellectual Property Management Office (NIPMO), Department of Science and Technology, Pretoria, South Africa, and Mr. Ray Augusto Meloni García, Director, Director of Distinctive Signs (Dirección de Signos Distintivos), National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI), Lima, Peru, acted as Vice-Chairs. AGENDA ITEM 1: OPENING OF THE SESSION 7. The Chair opened the session. He welcomed delegations to the 22nd session of the CDIP and expressed his gratitude to all delegations and regional groups for their continued support. He noted the valuable contributions by the Vice-Chairs, Dr. Kerry Faul of South Africa and Mr. Ray Augusto Meloni García of Peru. With all delegations’ constructive engagement and support, the Chair was confident to have fruitful deliberations during the session. It was in the interest of all delegations that the session built upon the achievements of past sessions as well CDIP/22/18 Prov. page 3 as support the continued and tireless efforts of WIPO towards integrating the Development Agenda (DA) and its underlying principles into its work. IP continued to be an important driver for social, economic, and cultural development, and the CDIP’s work was crucial in advancing the deliberations on topics related to the role of IP and development and related challenges. In that regard, Member States and other stakeholders had big expectations of the work of the CDIP, in which mutually acceptable solutions to fulfill those expectations were within reach. The CDIP had a busy agenda and the Chair hoped that delegations would work with a spirit of compromise, flexibility, and goodwill. To mention a few, there were two pending issues for project proposals, reports of projects under implementation, an interactive dialogue on technical assistance, as well as discussions on IP and development under agenda item 8. He was confident that through compromise and accommodation, the CDIP could forge agreements on the remaining pending issues, namely the Modalities and Implementation Strategies of the Adopted Recommendations of the Independent Review, Recommendations 5 and 11 of the Independent Review, as well as on the African Group proposal on convening an international conference on IP and Development. Apart from the pending issues, the session would also consider four project proposals submitted respectively by the Delegations of Kenya, Burkina Faso, Peru, and Brazil. He wished to have productive and constructive deliberations on those proposed projects and expressed hope to come to positive decisions, as done successfully at the previous CDIP sessions. In addition, the CDIP would also continue discussing the sub- agenda item on “WIPO technical assistance in the area of cooperation for development” and the implementation of the six-point proposal on technical assistance, including the document on the Feasibility of Establishing a Web Forum (CDIP/22/3). In relation to that, on Friday, the CDIP would hold an interactive dialogue on technical assistance, as agreed at the 21st session of the CDIP. He strongly encouraged Member States to make the most of the interactive dialogue by sharing experiences, best practices, and lessons learned of their respective countries, and providing guidance to the Secretariat on the delivery of technical assistance. On the agenda item “IP and Development”, the CDIP would address the topic of Women and IP. The CDIP would also continue discussing issues to be addressed under that agenda item in future sessions. In that regard, inputs for future topics were welcome. The Chair expressed his hope that delegations could agree with the proposed distribution of work, bearing in mind that, as the work progressed, there might be deviation from the work program. The process as regards the preparation of the Summary by the Chair would remain according to normal practice. After concluding discussion on each document or issue, a decision paragraph would be circulated by the Secretariat for consideration. The Summary by the Chair would constitute a compilation of those paragraphs only. The Summary would be kept factual and brief. He expressed his fervent hope that with the delegations’ constructive engagement and support, the CDIP would have fruitful deliberations and make good progress during the session. 8. The Director General Dr. Francis Gurry thanked Ambassador Hasan Kleib for his dedication and the work that he had achieved during the sessions. The 22nd session of the CDIP was an important meeting with an extremely busy agenda. The issues in front of the Committee were of fundamental importance. In addition to those mentioned by the Chair, there was a new standing agenda item “IP and Development”, and the 22nd session of the CDIP would discuss the topic of Women and IP. IP was at the center of economy and economic development, and the topic of IP and Women was of fundamental importance. He was delighted to see it addressed in that context, as WIPO had addressed it in a wide variety of programs. He was pleased that a number of Member States were cooperating with a side event on Women and Innovation in MIKTA Countries (Mexico, Indonesia, Republic of Korea, Turkey, and Australia). That was an important advancement. He thanked all delegations that were implementing DA projects. Those were exceptionally important and he was very grateful to the delegations for their commitment to the execution of those projects. There were a number of new items on the agenda and new projects for consideration. That has been an extraordinary contribution to WIPO over the course of the last years and to the mainstreaming of the work. In relation to technical assistance, WIPO spent approximately 20 per cent of its revenue on development, so there were few topics that were of greater importance as the technical CDIP/22/18 Prov. page 4 assistance program. As WIPO revenue grew and the 20 per cent share grew with the revenue, it became even more important. It was not an easy area. The theory of the contribution of IP to economic development, and then the practice of how one got alignment between the national economic objectives of a particular country and the contribution that IP could make to the achievement of those objectives. Those were of fundamental importance, as well as the emphasis on capacity building. The Director