1.6 Patent Information and the WIPO Development Agenda
1.6.1 Overview of the WIPO Development Agenda
In October 2007, the WIPO General Assembly approved a set of 45 recommendations aimed at strengthening the development dimension of the Organization's work. These recommendations constitute what is known as the WIPO Development Agenda and are grouped into the following six clusters:^4
- Cluster A: Technical Assistance and Capacity Building
- Cluster B: Norm-setting, flexibilities, public policy and public domain
- Cluster C: Technology Transfer, Information and Communication Technologies (ICT), and Access to Knowledge
- Cluster D: Assessment, Evaluation and Impact Studies
- Cluster E: Institutional Matters, including Mandate and Governance
- Cluster F: Other Issues
The WIPO Development Agenda is important as a framework for promoting the broader use of intellectual property information, particularly for technology transfer and development purposes.
To implement the recommendations under Cluster C relating to technology transfer and access to knowledge, the use of intellectual property information especially patent information—needs to be strengthened, and support should be provided for innovation and technology transfer, including guidance on licensing and related practices.
To achieve this, it is essential to build a solid foundation in patent information searching, including an understanding of how such information can be accessed free of charge and how it can be used effectively. Expertise in patent information searching is therefore particularly important for developing and least developed countries.
1.6.2 The Development Agenda and Traditional Knowledge (TK)
Traditional Cultural Expressions (TCEs), and Genetic Resources (GRs)
Indigenous peoples, local communities, and their governments particularly in developing countries are seeking intellectual property protection for traditional forms of creativity and innovation that are not adequately protected under conventional IP systems. For example:
- a traditional remedy may be developed and patented by a pharmaceutical company;
- an indigenous folk song may be adapted and protected by copyright;
- an invention based on a genetic extract from a plant may be protected by patents or plant breeders’ rights without any benefits necessarily accruing to the originating community.
The WIPO Development Agenda aims to ensure that development considerations are an integral part of WIPO’s work. As such, it is a cross-cutting framework that affects all areas of the Organization.
WIPO’s efforts to establish guiding principles for the protection of TK, TCEs, and GRs are reflected in Development Agenda Recommendation 18.
WIPO’s Traditional Knowledge Division is working with Member States to support the development of an international legal instrument for the protection of TK and TCEs through the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC). The Division is also engaged in capacity building and collaborates with other international organizations on related issues, such as OCHR, CBD, UNESCO, WTO, FAO, UNCTAD, and the UN Permanent Forum on Indigenous Issues.
Regulations exist under various international accords to govern access to GRs and to regulate benefit-sharing agreements. These are, however, not IP matters and do not fall under the purview of WIPO. Conversely, inventions stemming from TK and GRs may be protected by patents or plant breeders’ rights. Patent Office examiners conduct searches to ascertain whether an invention is novel and inventive. To ensure that the pertinent information is accessible to them, WIPO is examining ways of providing support through databases, guidelines, search tools, and classification systems. Another more contentious measure being deliberated is to mandate patent applicants to reveal the origin of any GRs they have utilized and any benefit-sharing agreements they have entered into, and to impose penalties for non-compliance, e.g., by refusing to grant a patent or invalidating a granted patent.
WIPO Development Agenda Recommendation 18
To urge the IGC to expedite the process on the protection of genetic resources, traditional knowledge, and folklore, without prejudice to any outcome, including the possible development of an international instrument or instruments.
Beyond the aforementioned, WIPO arranges workshops and seminars, produces informational materials and databases, and offers legal guidance, education, and training. WIPO operates a distance learning curriculum on IP and TK, TCEs, and GRs in partnership with the WIPO Academy. The WIPO Arbitration and Mediation Center can assist parties in resolving disputes between holders and third-party users of TK, TCEs, and GRs.
This topic is addressed more extensively in Unit 6. For a thorough review, readers are referred to the WIPO website at wipo.int/tk/en/tk/ and to the WIPO publication titled Traditional Knowledge, Traditional Cultural Expressions and Genetic Resources (2015), available at
wipo_pub_933.pdf
1.6.3 The Development Agenda and Innovation and Technology Transfer
Under the Development Agenda process, the WIPO Secretariat has formulated a project titled “Innovation and Technology Transfer Support Structure for National Institutions”. The aim of the project is to foster local innovation and technology transfer in developing countries (particularly LDCs) for economic growth and social development by equipping them with the requisite support in:
(i) establishing and enhancing the essential infrastructure (legal and organizational);
(ii) developing professional competencies for the efficient use of the IP system in the domain of innovation and technology transfer.
Execution of the project will:
(a) assist developing countries in establishing and strengthening the necessary mechanisms for technology transfer from the public sector, including the establishment of technology transfer offices within public universities and research institutions;
(b) improve understanding of the potential applications of the IP system for development and growth; and
(c) significantly facilitate access to tools, guides, and models relating to IP infrastructure and management by creating a one-stop-shop technology transfer portal on WIPO’s website.
Primary beneficiaries of the project include universities and research institutions, industry, small and medium enterprises (SMEs), IP practitioners, scientists, technology managers, government officials, and policymakers. This project can support Member States by providing a digital repository of training units, guides, tools, illustrations, models of national IP strategies, institutional IP policies, best practices, and case studies accessible through a single access point (one-stop-shop). Furthermore, the structure is designed to be as interactive as possible to permit user feedback, which will be used by WIPO to develop best practices for future initiatives. Ultimately, the structure aims to enable WIPO to achieve more with fewer resources by employing new delivery methods.
Presently, existing programs fall within two primary categories: the creation of infrastructure and the development of professional skills (see Figure 1). The former includes assistance in the formulation of IP strategies and institutional IP policies. The latter includes the patent drafting program and the Successful Technology Licensing (STL) program. Situated between these are the university initiative (IP and technology management) and the R&D network and IP hub program.
Figure 1: Existing programs in the innovation and technology transfer section
The diverse array of products proposed by WIPO regarding innovation promotion and technology transfer can be schematically depicted (see Figure 2 below). This “menu” may be utilized by Member States to request assistance or capacity-building modules in a specific area of interest (ranging from fundamental IP awareness building to IP infrastructure development and human capital development). The “Innovation and Technology Transfer Support Structure for National Institutions” can, in fact, address numerous requirements of Member States across various areas of intellectual property (including, inter alia, patents, utility models, trademarks, copyright, industrial designs, and trade secrets).
Figure 2: Present and future program menu by WIPO in the innovation and technology transfer section
In exploring innovation, WIPO is also actively engaged in promoting progress towards a world of multipolar innovation, examining open innovation, as well as providing platforms that can be as significant as treaties as mechanisms for international collaboration. In an interconnected world, platforms serve as crucial conduits for disseminating the benefits of innovation, increasing participation in open innovation, and enhancing the efficiency of technology markets. Consequently, they can act as instruments for attaining a balance between incentivizing knowledge creation, on the one hand, and ensuring knowledge dissemination, on the other hand.
Note:
Figures 1 and 2 above are sourced from a document by the Committee on Development and Intellectual Property (CDIP), Project paper on innovation and technology transfer support structure for national institutions, available at
cdip_3_inf_2_study_vii_inf_1.pdf
The CDIP was established by the WIPO General Assembly in 2008 with a mandate to develop a work program for implementing the 45 adopted Development Agenda recommendations.
1.6.4 The Development Agenda and the WIPO Technology
and Innovation Support Centre (TISC) Program
In April 2009, WIPO was instructed by its Member States to implement a pilot initiative to establish Technology and Innovation Support Centres (TISCs) within the framework of the Development Agenda.
Specifically, the project seeks to address Recommendation 8 of the Development Agenda, which urges WIPO to “[facilitate] the national offices of developing countries, particularly LDCs, as well as their regional and sub-regional intellectual property organizations to access specialized databases...”. The project approved by the Member States consists of two primary clusters of activities: access to specialized databases and capacity building.
Since January 2014, the project has been fully integrated into the standard operations of WIPO and constitutes a component of the program on Services for Access to Information and Knowledge.
The program provides innovators in developing countries with access to locally available, high-quality technology information and related services, assisting them in leveraging their creative potential and in establishing, protecting, and managing their intellectual property (IP) rights. Services provided by TISCs may include:
- Access to online patent and non-patent (scientific and technical) information resources and IP-related publications;
- Support in searching for and retrieving technology information;
- Training in database searching;
- Customized searches (novelty, state-of-the-art, and infringement);
- Monitoring of technology trends and competitors;
- Basic information on industrial property laws, administration, and strategy, and on technology commercialization and marketing.
The eTISC platform – sharing knowledge
eTISC serves as an online platform designed to enable the worldwide TISC community to cooperate, share information, and access new learning opportunities.
Join eTISC to:
- Obtain direct access to the global TISC network via chats, discussion boards, national TISC groups, and media-sharing services
- Participate in TISC events (chats, webinars, TISC missions/workshops)
- Stay up to date with the eTISC news blog
- Access the Helpdesk for TISCs and ARDI/ASPI programs (refer to Unit 3, Sections 3.1 and 3.2.2 for a discussion of the ARDI/ASPI programs)
- Participate in Ask the Expert chats — discuss IP matters with leading academic and private-sector experts and submit your questions during the monthly sessions. Ask the Expert chats are exclusively available to eTISC members.
For further details, visit wipo.int/tisc/en and wipo.int/tisc/en/background.html
The Secretariat of WIPO assumes no liability or responsibility with regard to the transformation or translation of the original content. World Intellectual Property Organization (WIPO) (2023). WIPO Patent Drafting Manual, Second edition. Geneva: WIPO. DOI: 10.34667/tind.44657