Working Lunch on IP Enforcement Issues and WCO

On 8 July 2008, South Centre's Innovation and Access to Knowledge Programme (IAKP) organized a Working Lunch for delegations of developing countries.

The purpose of the meeting was to discuss three ongoing IP enforcement issues: (i) Update on the recent Decision concerning SECURE made at World Customs Organization (WCO) Policy Commission and Council; (ii) Anti Counterfeiting Trade Agreement (ACTA); (iii) Universal Postal Union - WCO on protection of IPR and detection of counterfeit and pirated items.

Mr. Henrique Moraes, the Brazilian delegate based in Brussels, made key interventions on various issues, including among others, those connected with procedural regularity, outcomes of past three meetings, negotiation strategies and tactics, coordination problems at the domestic level, and issue of representation through regional blocks.

The meeting was chaired by Dr. Xuan LI, Coordinator of Innovation and Access to Knowledge Programme.

Working Lunch on WCO/SECURE with respect to standards for enforcement of IP rights

A working lunch was organized by the South Centre on 11 June 2008 to discuss strategies for the upcoming meeting of the World Customs Organization (WCO) with respect to standards for enforcement of IP rights.

A presentation on possible scenarios was given by Dr. Xuan LI, Coordinator - Innovation and Access to Knowledge Programme (IAKP) and also chaired the meeting.

IP Enforcement and WCO Provisional Standards Employed by Customs for Uniform Rights Enforcement (SECURE)

Dr. Xuan Li, Coordinator of the Innovation and Access to Knowledge Programme (IAKP), delivered a presentation on "WCO Provisional Standards Employed by Customs for Uniform Rights Enforcement (SECURE)" at the strategy workshop on Intellectual Property and Enforcement hosted by the Open Society Foundation (OSI) in London on June 2-3, 2008.

The workshop was held in the context of a number of domestic, bi-lateral and multilateral policy agendas on intellectual property enforcement has recently been placed. Some of the proposed measures may seriously violate fundamental rights of consumers and citizens as well as inhibit the development of new, innovative (business) models for knowledge production and dissemination.

South Centre the only IGO Observer at the WCO/ SECURE Meeting

The World Customs Organization (WCO) held its Third Meeting of the Working Group on the Provisional Standards Employed by Customs for Uniform Rights Enforcement (SECURE) at its Headquarters in Brussels 24-25 April 2008. The meeting, largely driven by selected developed countries and private members, is an attempt to promote their TRIPS-Plus-Plus agenda on international border enforcement, i.e. voluntary international standards and best practice that exceed those established by the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), in the absence of the scrutiny of the international community.

The proposed SECURE under WCO, if adopted, will have far reaching consequences. Compared with the WTO TRIPS Agreement, the proposed SECURE standards on IP enforcement border measures represents a significant departure from TRIPS provisions in terms of scope and intensity of the border measures and member states obligations. The delicate balance under TRIPS would be broken, thus affecting the flexibilities contained in TRIPS. Compared with WIPO Development Agenda, the proposed SECURE standards tend to favor the right holders of IPRs, thus affecting the balance between the rights holders and other stakeholders, such as importers, manufacturers, consumers, for example in respect of generic pharmaceutical products, etc.

Dr. Xuan Li, Head of the Innovation and Access to Knowledge Programme, South Centre, participated in the meeting. South Centre was the only intergovernmental organization of the developing countries present as an observer for the Meeting.

South Centre organizes Meeting on SECURE / World Customs Organization

The South Centre organises a working lunch for its member countries in view of certain developments on issues concerning intellectual property (IP) enforcement at the World Customs Organisation (WCO). The WCO is increasingly focussing on the formation of enhanced border measures, primarily supported by G8 countries. In this connection, the third meeting of the Working Group on the provisional Standards Employed by Customs for Uniform Rights Enforcement (SECURE) in Brussels from April 24 to 25, 2008.

The meeting called for by the Innovation and Access to Knowledge Programme (IAKP) of the South Centre focused on the implications and possible strategies that developing countries must adopt in making their concerns properly addressed at the WCO. Dr. Xuan Li, Coordinator of the IAKP gave a presentation on the defects in both the process and contents in WCO SECURE draft provisions. According to Dr. Li, many provisions are TRIPS-Plus, which the developed countries were trying to push hard through the back door.

The member country delegates raised serious concerns over the choice of forum on IP enforcement related issues and strongly stated that such provisions in SECURE, and WCO as a forum to discuss IP enforcement, was totally unacceptable. The need for better coordination among and within developing countries was emphasised.