GROUP OF 77
GENEVA

STATEMENT BY H.E. MR. MASOOD KHAN, AMBASSADOR AND PERMANENT REPRESENTATIVE OF THE ISLAMIC REPUBLIC OF PAKISTAN, ON BEHALF OF GROUP 77 AND CHINA, AT THE PROVISIONAL COMMITTEE ON DEVELOPMENT AGENDA FOR WIPO
Geneva, 20 February 2006

Mr. Chairman,

I am taking floor on behalf of the Group of 77 and China. Let me congratulate you on your election to the chair of this important meeting. We are confident that we can make substantive progress on a critically important task before this committee under your able leadership.  

This Provisional Committee has been mandated by the WIPO General Assembly to take care of the unfinished business from the three sessions of Intersessional Intergovernmental Meetings (IIMs) held last year. We must deliver on this mandate.  

Mr. Chairman,

The G-77 and China believe that the Development Agenda discussions in WIPO form an important milestone. Development has been placed at the centre of international agenda by the World Summit in New York last year. WIPO being a part of the UN family has an obligation to incorporate and mainstream development as a core value in its programmes and operational activities. There are different perspectives on this issue. Its importance is evident from the large number of substantive proposals tabled during this ongoing discussion. We thank the proponents of this discussion as well as others who have contributed substantively to these proposals. We, however, are yet to complete even a first exchange of views on all the proposals.

We hope that this Provisional Committee will organize its work efficiently in a more result oriented fashion. The proposals presented so far reflect a diversity of views on transfer of technology, technical cooperation, information sharing, promoting and operationalizing public interest flexibilities and enforcement issues. From our perspective, a structured discussion on these areas would form the basis of a result oriented approach.

Mr. Chairman,

 The Doha Declaration adopted at the Second South Summit in Qatar last year emphasized that “while developing countries are committed to undertaking their international obligations, these undertakings may impose high costs, and that given the differences in development and the ability of countries to assume obligations, it is imperative that identical obligations are not forced on unequal participants”. The Declaration further emphasized the need to integrate the development dimension into international rule-making taking into account the need for flexibility and national policy space for countries while assuming international commitments.

 It is, therefore, important that mainstreaming the development dimension into all activities in WIPO should constitute a priority for the organization. The G-77 and China are of the view that the most important issue at the heart of the development agenda discussion is the need to ensure that the Intellectual Property System provides states, at different levels of development, with the necessary policy space to meet their developmental needs.

 Development orientation in a norm setting Organization like WIPO primarily means protecting and operationalizing flexibilities that can be utilized by countries, at different levels of development, in pursuit of their legitimate developmental objectives. During our discussions in the IIMs last year affordability and accessibility of essential products like pharmaceuticals, text books and educational software have often been cited as primary examples of areas where such flexibilities need to be either created or made operable, with regard to the IP system.

 Development impact assessments of normative activities of WIPO carry significance in this regard. The G-77 and China will continue to elaborate on this important aspect as we proceed further in our deliberations.

 Mr. Chairman,

 Development is a shared objective of the international community. It must not be allowed to be undermined or diluted by a difference of opinion on the ways and means to achieve this objective. We are faced with the imperative of a meaningful discussion on a Development Agenda that can produce results within the stipulated time. Based on the proposals, we must agree on a concrete outcome that can form the basis of development oriented decisions to be taken at the next General Assembly. As the largest and the most populous stakeholder in this process, the G-77 and China will be willing to work closely and engage constructively with all parties during this important discussion.

 Thank you, Mr. Chairman.