A/HRC/15/WG.2/TF/2
market returns, it does not always provide incentives for investments in technology that
meet the basic needs of poor people and countries who have little purchasing power. The
bulk of intellectual property rights are held by a few developed countries, hence the
importance that developing countries catch up with innovation. Collaboration with other
United Nations agencies should be considered in technical assistance so that intellectual
property policies can be considered from broader development perspectives, and take
account of diverse conditions in different countries that require an approach unique to
meeting the country’s needs. Ms. Fukuda-Parr also stressed the significance of policy space
and autonomy in creating an enabling environment for development. In this regard, an
important issue to be addressed is how to maintain policy space given the constraints
arising from international agreements such as the Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS). Implementation of the Development Agenda is just
beginning; from a human rights perspective, the implementation process requires a
monitoring process that is yet to be established.
38.
The head of the Innovation and Technology Transfer section at WIPO gave a
presentation on intellectual property and technology transfer. He stated that development
considerations form an integral part of the Organization’s work in this area. Nine of the 45
recommendations of the Development Agenda focus on technology transfer and aim at
developing the innovation capacity of developing countries so that they can exercise their
right to development fully. WIPO also assists developing countries to enhance their ability
to exercise their legitimate intellectual property rights on technological developments.
Intellectual property protection can be made supportive, rather than restrictive, of
development. The WIPO approach to transfer of technology is twofold and operates on two
levels: macro and micro. At the macro level and in the long term, a favourable climate is
promoted by generalizing a system of education that builds capacities in national priority
development areas. In addition, assistance is provided for the development of an
infrastructure for innovation promotion and technology transfer-efficient systems. This is
accomplished through an intellectual property audit, assistance in the development of a
national intellectual property strategy and institutional intellectual property policies for
universities and research centres, and the creation of research and development networks
and intellectual property hubs. At the micro-level and in the short term, WIPO offers
technical support to bridge the gap between research and the productive cycle by providing
capacity-building programmes in intellectual property management. Its strong commitment
to broad cooperation and resolve to undertake activities in a transparent and inclusive
fashion were also emphasized.
39.
Marcos Orellana presented the findings of the study assessing the Clean
Development
Mechanism
from
a
right
to
development
perspective
(A/HRC/15/WG.2/TF/CRP.3/Rev.1). After outlining the main features and characteristics
of the mechanism, a partnership for cooperation for sustainable development and
greenhouse gas mitigation, Mr. Orellana elaborated on the main criticisms levelled against
the mechanism in literature. In particular, the mechanism’s emphasis on emissions
reductions does not ensure that the negative impact on human rights of peoples and
communities is prevented or minimized. Further, the distribution of mechanism projects,
which by and large benefit only a few developing countries such as Brazil, China and India,
was not equitable. The decision on the Clean Development Mechanism at the Conference
of the Parties serving as the meeting of the Parties to the Kyoto Protocol in Copenhagen has
taken some steps to promote a more equitable distribution of projects in developing
countries. Mr. Orellana referred to the shortcomings of the mechanism with regard to its
contribution to sustainable development and green technology transfer. In this context, he
discussed the criticisms concerning additionality and environmental integrity issues,
highlighting the problems that arise when certain mechanism projects do not generate real
emissions reductions. These shortcomings are not in line with the right to development
GE.10-11443
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