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Table of Contents
Table of Contents ............................................................................................................................................................ 2
Module Introduction ....................................................................................................................................................... 4
Module Overview and Learning Outcomes............................................................................................................................. 4
Development: An Overview............................................................................................................................................. 6

What is Development? ............................................................................................................................................................ 6

Check Your Learning-1 ............................................................................................................................................................. 9
Is it only countries that can take advantage of flexibilities in the IP system? ...................................................................... 10
Check Your Learning-2 ........................................................................................................................................................... 11
Knowledge Nugget: What is WIPO’s role? ............................................................................................................................ 12
The Development Agenda ..................................................................................................................................................... 13
Check Your Learning-3 ........................................................................................................................................................... 14
The Wider Development Agenda .......................................................................................................................................... 15
Cluster A........................................................................................................................................................................ 17
The Recommendations .......................................................................................................................................................... 17
Implementation Examples ..................................................................................................................................................... 18
Cluster B ........................................................................................................................................................................ 20
The Recommendations .......................................................................................................................................................... 20
Implementation and Outcome Examples ............................................................................................................................. 21
Cluster C ........................................................................................................................................................................ 23
The Recommendations .......................................................................................................................................................... 23
The Implementation .............................................................................................................................................................. 24
Cluster D........................................................................................................................................................................ 25
The Recommendations .......................................................................................................................................................... 25

The Implementation .............................................................................................................................................................. 26

Cluster E ........................................................................................................................................................................ 27
The Recommendations .......................................................................................................................................................... 27
The Implementation .............................................................................................................................................................. 28
Cluster F ........................................................................................................................................................................ 29
The Recommendations .......................................................................................................................................................... 29
The Implementation .............................................................................................................................................................. 30

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 Check Your Learning – 4 ........................................................................................................................................................ 31
What does the future hold for issues of IP and development? ............................................................................................ 32
Module Summary .......................................................................................................................................................... 33
Answer Key ................................................................................................................................................................... 34

Check Your Learning .............................................................................................................................................................. 34

Module Resources ......................................................................................................................................................... 36
End of Module 12: IP and Development......................................................................................................................... 41

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 Module Introduction
Module Overview and Learning Outcomes

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 Module Map
This module is divided into eight topics. You are required to complete the topics sequentially in order to best meet the
module learning outcomes.

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 Development: An Overview
What is Development?
To begin the module let’s look at what the term development means in the context of this module and how IP has a role to
play in achieving development.

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 Why does IP matter for development?

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 Check Your Learning-1

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 Is it only countries that can take advantage of flexibilities in the IP system?

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 Check Your Learning-2

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 WIPO’s Role
Knowledge Nugget: What is WIPO’s role?

What is WIPO’s role in IP and Development?

Development is at the core of WIPO’s mandate. When the organization was first established, its role was to “promote the
protection of intellectual property throughout the world.”

Upon becoming a specialized agency of the United Nations in the mid-1970s, this role was more specifically connected to
development.

Thereafter, WIPO has been tasked to promote creative intellectual activity and technology transfer to developing countries
“in order to accelerate economic, social and cultural development.”

Of course, as we have learned already, this can be done with flexible systems of intellectual property protection. WIPO
promotes development through intellectual property policy in several ways. In addition to being a leading forum for
negotiating new treaties and agreements (including their flexibilities), WIPO:

• administers some of the most important processes for protecting intellectual property rights internationally,

• provides training and education, legislative and technical assistance

• serves as a reservoir of rich databases of intellectual property-related information.

WIPO has, in the past, heard suggestions from its Member States, non-governmental organizations and others to improve
work in the area of intellectual property and development. Some of these suggestions date back several decades, since the
issue of intellectual property and development surfaced in the 1960s. None, however, have had as much impact as a formal
initiative, first advanced by Argentina and Brazil in 2004, for a new and specific “Development Agenda.”

The Development Agenda is discussed in detail in the next section of this module.

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 The Development Agenda

This screen details WIPO’s Development Agenda, sometimes called the “DA”.

Read through it in detail, and then answer the Check Your Learning question that follows.

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 Check Your Learning-3

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 The Wider Development Agenda

The WIPO Development Agenda is part of a broader movement reforming and updating the entire international trade
framework. You may also be aware of the so-called “Doha Development Agenda,” named after the city in Qatar where
the World Trade Organization’s current round of negotiations began. Though these “agendas” are distinct from one
another, cooperation with other organizations including, but not limited to, the WTO on IP-related issues is one of the
specific recommendations adopted at the 2007 General Assembly of WIPO Member States.

WIPO Member States adopted 45 such recommendations in total, grouped into 6 clusters. These recommendations
formally constitute the WIPO Development Agenda. They aim to ensure that development considerations form an
integral part of the work of all sectors of the organization, in other words, to “mainstream” development across the
work of WIPO. Mainstreaming would mean, for example, that all WIPO activities take account of the different potential
impacts of intellectual property on economic, social and cultural development. It would be key to the design and
delivery of technical assistance and education; it would influence discussions about new treaties and agreements; and
it would be an important part of evaluating the successes or failures of organizations working on intellectual property
issues.

After the 45 recommendations arranged in 6 clusters were adopted at WIPO’s 2007 General Assembly of Member
States, much thought and discussion was put into implementing them into practice.

It was agreed that this would happen through particular activities, programs and “projects”, coordinated by a new
division of WIPO: the Development Agenda Coordination Division (DACD). In fact, the creation of this learning module
introducing the Development Agenda to you is one of the concrete outcomes of an implementation project.

Key functions of the DACD include:

Before going into more details about the 6 “Clusters” of the WIPO Development Agenda, it is important to note that,
in 2017 the DA marked its tenth anniversary since its adoption by WIPO’s Member States. Those ten years materialized

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into 35 projects, providing assistance in various areas of IP while ensuring social, economic and cultural development.
A wide number of those projects were mainstreamed and thus, the development dimension became an integral part
of various WIPO sectors enabling sustainable socio-economic growth.

This introductory lesson does not delve into the technical specifics of all of the Development Agenda’s clusters,
recommendations and implementation projects but it will give you some examples of the issues and outcomes of this
initiative. The 6 “Clusters” of recommendations deal with the following general topics:

Note: As you read through the various clusters in the upcoming topics, remember that recommendations are
numbered sequentially throughout the agenda. The recommendation numbers provided are in sync with the
sequence presented in the agenda and not in sync with its order in a particular cluster.

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 Cluster A
The Recommendations

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 Implementation Examples

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 Cluster B
The Recommendations

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 Implementation and Outcome Examples

This screen provides some examples of implementations and outcomes related to the recommendations in Cluster
B.

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 Cluster C
The Recommendations

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 The Implementation

This screen provides some information on the implementation strategy of Cluster C.

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 Cluster D
The Recommendations

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 The Implementation

This screen provides some information on the implementation strategy of Cluster D.

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 Cluster E
The Recommendations

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 The Implementation

This screen provides some information on the implementation strategy of Cluster E.

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 Cluster F
The Recommendations

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 The Implementation

This screen provides some information on the implementation strategy of Cluster F.

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 Check Your Learning – 4

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 What does the future hold for issues of IP and development?

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 Module Summary

A well balanced system of granting and exploiting intellectual property rights is a factor in economic growth as it
encourages investment and trade, but if designed and used appropriately, it can also help cultural creativity to thrive,
educate a population or workforce, drive technological innovation to improve health and nutrition and yield other
social benefits as well. In other words, help development in its broadest sense.

It is how laws, policies and practices are designed and used in different countries that determine whether IP is effective
for development purposes. Flexibilities in treaties and agreement are key to this. Such flexibilities are inherent in the
TRIPs agreement and may concern patents copyrights or other forms of Intellectual Property. Development is at the
core of WIPO’s mandate and in 2004 a formal initiative, first advanced by Argentina and Brazil lead into what was
called a new and specific “Development Agenda.” At the 2007 General Assembly the Member States of WIPO adopted
45 such recommendations relating to IP and development, grouped into 6 clusters. These recommendations formally
constitute the WIPO Development Agenda. They aim to ensure that development considerations form an integral part
of the work of all sectors of the organization, in other words, to “mainstream” development. Mainstreaming became
to mean that all WIPO activities take account of the different potential impacts of intellectual property on economic,
social and cultural development.

The 6 “clusters” of recommendations deal with the following general topics:

1. Technical assistance and capacity building (Cluster A).

2. Norm-setting, flexibilities, public policy and public domain (Cluster B).
3. Technology transfer, information and communication technologies (ICT) and access to knowledge (Cluster C).
4. Assessment, evaluation and impact studies (Cluster D).
5. Institutional matters including mandate and governance (Cluster E).
6. Other issues (Cluster F).

The Development Agenda is not exactly like most of the treaties and agreements administered by WIPO because it is
more policy than typical international law, but it certainly has an ongoing impact on the Organization and its work
devoted to development, its Member States and, indeed, all of those who are interested in the global intellectual
property system.

Since the adoption of the WIPO Development Agenda, the development dimension guides many of the activities
undertaken by WIPO. The DA is mainly implemented through projects, the results of which are being mainstreamed
in the organization and beneficiary countries. A large number of studies have been undertaken in the context of the
WIPO DA, and some are used as reference documents for policy makers.

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 Answer Key
Check Your Learning

ID No Check Your Learning Questions and Model Answers

Question: a. When was the flexibility to allow compulsory licensing first available in the TRIPs agreement?
b. What did the two provisions coming out of the November 2001 Doha agreement concern?

Question: Which aspects of intellectual property and development are most important for your country, or
your organization?

Spend about 5 minutes thinking about this. You may already be knowledgeable about the main economic
activity of your country or have experience inventing things that are useful in your country. Some of you might
be active in the service industry or in arts, performances or businesses. Try and think of the things that you see
to be important for your country. You may also like to record your ideas in the space below.
2

Question: Review the following Berne Appendix: Special Provisions Regarding Developing Countries:
http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html

Note: You will find the Appendix about 4/5ths of the way through the document.

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 Question: Select the appropriate clusters in the Development Agenda. Please note that there may be more
than one activity on the list associated with a category.

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 Module Resources

This module has one of the biggest resource sections of any of the modules as the level of WIPO activity has been
considerable since the adoption of the WIPO development agenda described in the main body of this module.
Inevitably there are many projects that have been run leading to useful outputs and resources. In this section you will
find active URLs to the resources and projects mentioned in the module. To follow them all up would take a large
amount of time so I suggest you read this resources section and follow the links to the projects and topics that interest
you the most. Maybe an hour of your time would be worth spending on this during the study of this module. You can
return to this resource later to follow up further interests. To make it easier for you to choose, the links are preceded
with a short explanation taken for the section of the module to which they are relevant.

Frequently Asked Questions

Name / Description Hyperlink

To learn more about how compulsory licensing can work

TBD
in the context of public health, you might review this
website from the World Trade Organization, with which
WIPO works closely on intellectual property matters

http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.h
The Berne Appendix: Special Provisions Regarding
tml
Developing Countries. The appendix starts about ¾ of the
wat through the document.

Projects resulting from the WIPO development Agenda

Name / Description Hyperlink

https://www.wipo.int/publications/en/details.jsp?id=44
An example of a project that was successfully mainstreamed,
21&plang=EN
let’s take the WIPO Technology and Innovation Support
Centres (TISC), which is now a global program that provides
innovators in developing countries, least developed countries
and countries in transition with access to locally based, high
quality technology information and related services, helping
them to exploit their innovative potential and to create,
protect, and manage their intellectual property rights. The TISC
was part of the DA project on Specialized Databases’ Access
and Support, which addressed Recommendation 8 of the DA.
The project was implemented in two phases and further
mainstreamed into the regular work of the Organization,
reaching now 750 centres across 78 countries. The annual TISC
report, providing highlights and milestones of the program is
available at:

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Another successful example of a cross-cutting DA project
is the Project on IP and Competition Policy implemented
in 2009-2010. This project referred to recommendations• Interaction of Agencies Dealing with Intellectual
from Cluster A (Recommendation 7); Cluster B Property and Competition Law
(Recommendation 27), and Cluster C (Recommendation • Interface Between Exhaustion of Intellectual Property
32), and involved various sectors of WIPO such as the Rights and Competition Law
Patents, Copyright, Trademarks, Industrial Designs, etc. A
• An Analysis of the Economic/Legal Literature on the
multitude of studies, which is a very common output of
Effects of IP Rights as a Barrier to Entry ;
DA thematic projects, resulted from the implementation
of this projects, including the ones provided. • Study on the Anti-Competitive Enforcement of
Intellectual Property (IP) Rights: Sham Litigation

These studies promote a better understanding of the

interface between intellectual property and competition
policy and aim at enabling policy-makers, particularly in
developing countries and LDCs, to better understand the
interface between IPRs and competition policies;
promote pro-competitive intellectual property licensing
practices; and provide an opportunity for the exchange of
national and regional experiences and information on the
links between IPRs and competition policies.

Cluster A
Name / Description Hyperlink
Searchable database of WIPO’s technical assistance http://www.wipo.int/tad/en/
activities
IP Training Institutions Virtual Network Map, at https://www.wipo.int/academy/en/training_institutions.
html#virtual_network
IP and Tourism
More information about the project on IP and Tourism is
available at:
http://www.wipo.int/meetings/en/doc_details.jsp?doc_i
d=301656
Summaries of the studies undertaken under this project
are available at:
https://www.wipo.int/meetings/en/doc_details.jsp?doc_i
d=418614,
https://www.wipo.int/meetings/en/doc_details.jsp?doc_i
d=403884, and the full Study on IP in Tourism and Culture
in Sri Lanka, available at:
https://www.wipo.int/export/sites/www/ip-
development/en/agenda/pdf/study_ip_in_tourism_and_
culture_sri_lanka.pdf

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Role of women in innovation and Entrepreneurship
More information on the project on Increasing the Role of
Women in Innovation and Entrepreneurship is available
at:
http://www.wipo.int/meetings/en/doc_details.jsp?doc_i
d=406377

Flexibilities database http://www.wipo.int/ip-

development/en/agenda/flexibilities/database.html

Cluster B
Name / Description Hyperlink
Studies on Public Domain and IP The Studies on IP and the Public Domain are available at:
http://www.wipo.int/meetings/en/doc_details.jsp?doc_i
d=161162;
http://www.wipo.int/meetings/en/doc_details.jsp?doc_i
d=203800.

The Study on Patent and the Public Domain is available

at:
http://www.wipo.int/meetings/en/doc_details.jsp?doc_i
d=253106

WIPO and sustainable development goals Recent report

https://www.wipo.int/meetings/en/doc_details.jsp?doc_i
d=431319

Webpage on Sustainable development You can also find examples of stories of the individuals
and communities benefiting from WIPO services,
https://www.wipo.int/sdgs/en/story.html

Cluster C
Name / Description Hyperlink
Activities in field of IP management and transfer of http://www.wipo.int/meetings/en/doc_details.jsp?doc_i
technology proposed by member states d=350336

Full description of projects http://www.wipo.int/meetings/en/doc_details.jsp?doc_i

d=372830

Cluster D
Name / Description Hyperlink
The economic working papers developed by WIPO, in http://www.wipo.int/publications/en/series/index.jsp?id
collaboration with different researchers and experts, are =138&sort=code.
available at:

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More about the WIPO Development studies, you can read http://www.wipo.int/econ_stat/en/economics/studies/
at:

Cluster E
Name / Description Hyperlink
The new WIPO webpage dedicated to technical assistance http://www.wipo.int/cooperation/en/technical_assistanc
is available at: e/

The Compilation of WIPO’s Existing Practices, http://www.wipo.int/meetings/en/doc_details.jsp?doc_i

Methodologies and Tools for Providing Technical d=401797
Assistance is available at:
The document on WIPO’S Practices for the Selection of http://www.wipo.int/meetings/en/doc_details.jsp?doc_i
Consultants for Technical Assistance is available at: d=401888

WIPO hosted a Roundtable on Technical Assistance and http://www.wipo.int/meetings/en/doc_details.jsp?doc_i

Capacity Building: Sharing Experiences, Tools and d=386497
Methodologies on May 12, 2017. More information about
the Roundtable as well as the deliberations that took
place during the event are describes in the Report on the
Roundtable, available at:

General
Name / Description Hyperlink
A large number of studies have been undertaken in the
https://www.wipo.int/ip-
context of the WIPO DA, and some are used as reference
development/en/agenda/work_undertaken.html and,
documents for policy makers. A comprehensive list is
available at: https://www.wipo.int/publications/en/series/index.jsp?id
=138&sort=code

More information on the WIPO Development agenda is http://www.wipo.int/ip-development/en/agenda/

available at:
Following a decision by the CDIP, WIPO hosted in 2019 an https://www.wipo.int/meetings/en/2019/ip_developmen
International Conference on IP and Development with the t_conference.html
sub-topic “How to Benefit from the |IP System”. The
deliberations during the said conference could be
watched on the videos on demand at:

Web Resources
Name / Description Hyperlink
You can see the Berne Appendix: Special Provisions http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo00
Regarding Developing Countries by following a link given 1.html
in the resources for this module.

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 www.visionip.org
WIPO has also created an entire website, dedicated to
information about access to copyright works for visually
impaired persons

A study about copyright and the public domain was one of http://www.wipo.int/meetings/en/doc_details.jsp?doc_i
the first outcomes of this initiative. d=147012

You can learn more about WIPO’s work related to the

http://www.wipo.int/ip-
MDGs at:
development/en/agenda/millennium_goals/

Cluster C “Intellectual Property and Technology Transfer: http://www.wipo.int/meetings/en/doc_details.jsp?doc_i

Common Challenges – Building Solutions,” You could learn d=156582
more about the project, if you wish to, at:

Relevant Documents
Name / Description Hyperlink
The 45 Recommendations Adopted under the WIPO
http://www.wipo.int/ip-
Development Agenda, World Intellectual Property
development/en/agenda/recommendations.html
Organisation:
Development agenda concise description
If you have a smart phone here are some resources that
you can access on the move

Misconceptions concerning the development agenda

Interview with Glyn Martin discussing the Development

Agenda and his role in the project

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 End of Module 12: IP and Development

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