1. Innovation, Science and Technology, and
Development: Strategic Considerations for
IP Negotiations
First Annual G77 and China Course for
Developing Country Negotiators: The Strategic
Dimensions of Negotiations
November 19-20, 2012
Geneva
Nirmalya Syam

2. Innovation
Technological change that leads to the introduction
of new or improved products and processes
• R&D
• Absorption, diffusion and transfer of technology
• Reverse engineering

3. Stages of Technological Development
• Initiation stage: Technology imported as capital
goods
• Internalization stage: Local firms learn through
imitation under a flexible IPR regime
• Generation stage: local firms and institutions
innovate through their own R&D

4. The Relevance of IP
• IP – an incentive to reward inventors and creators …
• … to benefit society through the use of such
inventions and creations and foster scientific and
technological progress
• “… this court has consistently held that the primary
purpose of our patent laws is not the creation of
private fortunes for the owners of patents but is to
promote the progress of science and useful arts ...“
(US Supreme Court in Motion Picture Patents Co., vs.
Universal Film Mfg. Co. (243 U.S. 502, p.511, 1917))

5. The Relevance of IP
• IP does not mean ‘innovation’, it may deter innovation
- Access to and diffusion of manufacturing
technologies
- Access to technologies for climate change

6. The Relevance of IP
• Innovation and creativity also require competition
and follow-on innovation and creativity
• Governments in formulating IP policy need to
balance between:
- Providing IP protection
- Providing access by competitors and
consumers
• IP policy should be coherent with public policy
areas of education, health, agriculture,
environment, local employment, etc.

7. Striking a Balance
• The extent to which IP should be protected varies with the level of
development of the country, priorities identified and among
sectors.
• No « one-size-fits-all » model IP law
• Historical evidence: (Europe, USA, Rep. Korea)
- Early stages of technological development require broad public
domain for indigenous learning
- Advanced stages of development require higher level of
protection of technological assets
- Even technologically advanced economies depend on
competition and follow-on innovation

8. Development Oriented IP Policy - Challenges
• IP policy has to be integrated into different aspects of national
development policies
• IP regimes must be in accordance with the realities of developing
countries
– innovation systems are fragmented and weak, and depend
overwhelmingly on foreign innovations
– very limited public sector investment in scientific activities
– domestic firms generate «minor» or «incremental»
innovations derived from the routine exploitation of existing
technologies

9. Development Oriented IP Policy - Challenges
• Lack of local expertise
• Technical assistance – lack of appropriate
development orientation
• Limited coordination on IP issues between related
government departments
• Coercion exerted by developed countries to deter use
of flexibilities and inappropriately raise standards of IP
protection and enforcement
• Different components of IP (patents, trademarks,
designs, copyright) may warrant different approaches

10. IP discussions in Multilateral Forum
WTO
Ideal framework WIPO UNFCC
for cooperation:
ITU UNAIDS
UNCTAD UNDP
Millennium
Development
Goals ISO Interpol
UN Bilateral &
IP
Human Regional
Trade & WCO
Rights
Reality: bodies Investment
Agreements
Focus on CBD UPU
increasing IP
protection &
FAO UNEP
enforcement
..but UPOV UNESCO
CHANGING WHO UNIDO

11. Variety of issues:
Traditional focus on Access, Affordability Production of Access to global Missapropriation of
increasing standards and availability of medicines for public goods, i.e genetic resources
of protection and medicines – WIPO, diseases that clean air and and associated
enforcement of IPRs WTO TRIPS mainly affect poor water – WIPO, traditional
and harmonization Council, WHO countries – WHO UNFCCC, UNEP knowledge – WTO
CEWG, GSPOA. TRIPS Council,
WIPO, CBD,
Nagoya Protocol
Impacts of patents Commodification Traditional Erosion of genetic Anti-competitive
and PVP on small and privatization of knowledge resources leading practices
scale farming and life forms, i.e. plants owners not to loss of diversity associated with IP
sustainable and animals – rewarded and or in animal and use, i.e. refusal to
agriculture – WIPO, WIPO, WTO respected – plant varieties - license - WIPO
WTO, UPOV WIPO IGC WTO TRIPS
GRTKF, WTO Council, CBD
TRIPS Council
IP-related technical Lack of impact Impact of IP Lack of focus on Role of
assistance assessment of IP on strategies of big improving collaboration and
insufficient or development – business on commercialization non-IP, i.e. open,
inappropriate – WIPO CDIP SMEs - WIPO and marketing of models for
WIPO, WTO technologies innovation - WIPO
Unforeseen Access to cutting Inoperability of Access to The scope of fair
consequences of edge technologies technologies and research and use of copyrighted
over IP-enforcement for economic systems due to IP educational works in digital
– WIPO ACE, WCO, development – in standards – materials – WIPO form and sharing
INTERPOL WIPO, UNFCCC WIPO, ITU SCCR over the Internet –
WIPO SCCR

12. Important Issues in Relevant Fora
• WIPO – Mainstreaming development orientation in the technical
assistance activities and norm-setting processes in WIPO;
Implementation of the WIPO Development Agenda
• WTO, TRIPS Council – Retaining maximum flexibility in designing
laws and regulations for IP protection and enforcement;
interface with CBD;
• UNFCCC – The role of IPRs in relation to ensuring transfer of EST
to developing countries
• WHO – Implementation of the GSPOA-PHI; CEWG
recommendations for an R&D Treaty; keeping IP enforcement
out of discussions on quality, safety and efficacy of medicines in
the SSFFC negotiations
• Bilateral Negotiations – Resisting TRIPS plus provisions

13. Negotiating Considerations
• Coherence with national policy objectives - In multilateral,
regional or bilateral negotiations, the outcome agreements should
support domestic policy making on IP in accordance with
development priorities in various sectors, and not constrict this
policy space
• Coordination - Greater coordination among developing country
negotiators within and across various fora where IP is a critical
issue
- Coordination between negotiators in CBD/Nagoya Protocol,
FAO, WTO and WIPO
- Coordination among negotiators in WIPO, WTO and UNFCCC
- Coordination on bilateral and regional trade and investment
agreement negotiators on IP chapters/provisions

14. How Can South Centre Assist
• Facilitate involvement of think tanks, research institutions,
academics and civil society from the South on issues of IP and
development
• Preparatory meetings
• Involvement of SC experts in technical assistance programmes
• SC assistance on national IP issues