Over 100 NGOs have asked the UN's World Intellectual Property Organization to postpone a summit in South Africa on the grounds that notice of the meeting was not published, the agenda has been set without any transparency, and the speakers all favor a single, narrow view on copyright and patents.
In a letter to the WIPO director general Francis Gurry, more than 100 international NGOs expressed their concern over co-organising the summit in partnership with US, France and Japan which are known for advocating TRIPS plus agendas in developing countries in the interests of their own industries and priorities. For instance these countries are proponents of the Anti-Counterfeiting Trade Agreement (ACTA), a plurilateral treaty that is widely criticized for its secret negotiating process and the detrimental impact on public interest issues such as access to medicines, freedom of expression over the internet and access to knowledge.
To make matters worse the Summit is being sponsored by the private sector in particular the International Chamber of Commerce (ICC), Business Action to Stop Counterfeiting and Piracy (BASCAP), Pfizer, Eli Lilly and Company etc., that clearly have a strong stake in a pro-IP protection and enforcement agenda. The involvement of the private sector also raises issues of conflict of interests.
Besides, the NGOs said, the summit lacks a development and public interest dimension. The summit concept paper suggests a programme that undermines the spirit of Development Agenda. It is premised on the notion that heightened IP protection and enforcement will deliver development and protect public interest. This distorted approach has no historical or empirical basis and has been clearly rejected by the Development Agenda process. Important development issues such as the different levels of development, the importance of flexibilities (e.g. LDC transition periods, exceptions and limitations e.g. parallel importation, compulsory licensing,) in meeting developmental objectives, examining and addressing the impact of IP on critical public interests issues such as access to affordable medicines, and access to knowledge, appear to be disregarded.
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