KEI and IQsensato panel

Proposal for a WTO Agreement on the Supply

of Knowledge as a Public Good

Presentation by
Shandana Gulzar Khan
Legal Affairs Officer
Permanent Mission of Pakistan to the WTO
 OBJECTIVE:

To identify how the rules-based multilateral trading

system should respond to the rapidly changing
global environment and promote coherence at the
international level to better address global trade
challenges.
 Undersupply of global public goods, including those
involving knowledge goods

 Lack of capacity of current international trade

architecture to address the problem

 The WTO is the appropriate institution to host an

international instrument to address the chronic
undersupply of global public goods (?)

 Proposals involving government commitments to

increase the supply of global public goods in specific
areas are important, but are not a sufficient response to
the problem identified …
 In context

Who is the demandeur?

Why the WTO?
When is it the right time ?
How can it be done?
 A large number of Governments, academics,
organisations, both national and international

 Secondly, and perhaps more importantly, the

following excerpt from the DG’s introduction to
he 2011 public forum (on the WTO website) says
it all:

“The political, economic, and social aspects of the

world we live in today are very different to those
that existed a decade ago.”
“The world has changed. The political, economic,
and social contours of the world we live in today are
very different to those that existed a decade ago. As
a result there is a widening gap between existing
trade rules and the new realities.” (excerpt from WTO website on
the public forum)

The real demandeur is the reality of today

“Strong enforcement mechanisms” i.e. the dispute
settlement mechanism

“A (diverse) portfolio of agreements and/or

negotiations”

“Linkage(s) in the negotiations…to outcomes”

(According to KEI/IQSensato)
 This questions shifts the balance and burden
 Surgical splicing of the legal texts is
unnecessary, all legal texts and covered
agreements are read in their respective contexts
 BUT……

To assert that such a context i.e. for delivering on

public goods and services , does NOT EXIST
AT ALL OR CANNOT BE GLIMPSED from
various provisions, would be glossing over the
legal texts
 Back to the drawing board; a legal perspective ?

Does WTO have the mandate to deliver ? A look at

various WTO legal instruments has some answers
Such a mandate could be “found”( as distinguished
from “gap-filling” or cobbling together something
that does not exist currently)
The Parties to this Agreement,

Recognizing that their relations in the field of trade and

economic endeavor should be conducted with a view to raising
standards of living, ….and expanding the production of and
trade in goods and services, ……
Recognizing …. need for….. efforts designed to ensure that
developing countries, and especially the least developed among
them, secure a share in the growth in international trade
commensurate with the needs of their economic development
….by entering into reciprocal and mutually advantageous
arrangements directed to the substantial reduction of tariffs and
other barriers to trade ……..
 Recognizing that their relations in the field of trade
….. should be conducted with a view to raising
standards of living, ensuring full
employment….. (similar to Marrakesh Agreement)

 Being desirous of contributing to these objectives

by entering into reciprocal and mutually
advantageous arrangements directed to the
substantial reduction of tariffs and other
barriers to trade and to the elimination of
discriminatory treatment in international
commerce….
Members,

Recognizing the growing importance of trade in services

for the growth and development of the world economy;

Wishing to establish a multilateral framework of principles

and rules for trade in services with a view to ……… and the
development of developing countries;

Recognizing the right of Members to regulate, and to

introduce new regulations, ….. given asymmetries existing
with respect to the degree of development of services
regulations in different countries, the particular need of
developing countries to exercise this right;
Article 7 : Objectives

The protection and enforcement of intellectual

property rights should contribute to the promotion
of technological innovation and to the transfer and
dissemination of technology, to the mutual
advantage of producers and users of technological
knowledge and in a manner conducive to social
and economic welfare, and to a balance of rights
and obligations.
Article 8: Principles

1.Members may, in formulating or amending their

laws and regulations, adopt measures necessary to
protect public health and nutrition, and to
promote the public interest in sectors of vital
importance to their socio-economic and
technological development, provided that such
measures are consistent with the provisions of this
Agreement.
 Raising standards of living (Marrakesh
Agreement, GATT)
 Expanding the production of and trade in
goods and services (Marrakesh Agreement,
GATT)
 Secure a share in the growth in international
trade (Marrakesh Agreement, GATT)
 Needs of economic development(Marrakesh
Agreement, GATT)
 Substantial reduction of tariffs and other
barriers to trade …….. (Marrakesh Agreement,
GATT)
 Development (needs) of developing countries (GATS)
 Given asymmetries .. as to the degree of development
of services regulations in different countries (GATS)
 Protection and enforcement of intellectual property
rights should be … carried out in a manner conducive
to social and economic welfare (TRIPS)
 Members may, …. adopt measures necessary to protect
public health and nutrition, and to promote the public
interest in sectors of vital importance to their socio-
economic and technological development, provided
that such measures are consistent with the provisions
of this Agreement. (TRIPS)
 “Just do it” may not be the appropriate
mantra: timing is of the essence

 My guess: post –Doha , for a new round

 The Research agenda of the KEI/Iqsensato is
more than adequate as a rather large first
step.
 Only when the confidence of the membership
fully rests in the following points, the
paradigm shift will become the new reality:
 The idea
 The need
 Details (need to keep the devil out)
 The how-to’s
 The possible legal text
 Possible failings
 Best practices