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 9

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