Introduction

What is Intellectual Property?

Intellectual property is an intangible property or proprietary asset, which applies to any product of
the human intellect that has commercial value.
Intellectual Property Rights are one’s legal rights in respect of the ‘property’ created by one’s mind
– such as an invention, or piece of music, or an artistic work, or a name or slogan or symbol, or a
design, which is used in commerce, in the form of books, music, computer software, designs,
technological know-how, trade symbols, etc.

These rights are largely covered by the laws governing Patents, Trademarks, Copyright and
Designs. These various laws protect the holder of IP rights from third party encroachment of these
rights. It also allows them to exercise various exclusive rights over their intellectual property.1
These intellectual property rights are:

Copyright, which protects music, films, literature and other creative works, as well as source code
for computer programs. Copyright applies for 70 years after the death of the copyright holder.

Patents, which provide protection for novel technical solutions to problems. Patent applications
are published after 18 months. A patent applies for a maximum of 20 years.

Trademark protection, which is protection for a symbol for a company, a product or a service. It
could for example consist of words, figures, letters/digits, personal names or slogans. It could also
be a specific formulation of the product itself, known as packaging. The trademark must be
considered unique and be distinguishable from other similar products or services. Trademark
protection applies for a period of ten years and can then be extended indefinitely by ten years at a
time.

Design protection protects the appearance and shape of a product, but not the actual function or
the underlying idea. Design protection applies for a maximum of 25 years.

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http://www.depenning.com/intellectual.htm
World Intellectual Property Organization (WIPO)
The World Intellectual Property Organization (WIPO) is the global forum for intellectual property
(IP) policy, services, information and cooperation. A specialized agency of the United Nations,
WIPO assists its 191 member states in developing a balanced international IP legal framework to
meet society’s evolving needs. It provides business services for obtaining IP rights in multiple
countries and resolving disputes. It delivers capacity-building programs to help developing
countries benefit from using IP. And it provides free access to unique knowledge banks of IP
information.2
WIPO is dedicated to protecting IP by working with worldwide organizations. It enlists the
cooperation of member states through the nine foundational goals of its Strategic Plan.3 Strategies
adopted by member states and organizations include:

 Developing a global IP infrastructure

 Building international respect for IP
 Supporting structures used to facilitate financial and administrative functions
 Implementing global policy issues related to IP

WIPO Development Agenda Evolution:

Background (2004-2007)

The first proposal for the establishment of a development agenda for WIPO was submitted by
Argentina and Brazil at the 2004 General Assembly, supported by 12 other developing countries.
In May 2005, WIPO hosted an International Seminar on Intellectual Property and Development,
in partnership with other multilateral organizations such as UNCTAD, UNIDO, WHO and WTO,
which was open to all stakeholders, including NGOs, civil society and academia.
In order to accelerate and complete discussions, the 2005 General Assembly established the
Provisional Committee on Proposals Related to a WIPO Development Agenda (PCDA). The
PCDA met on two occasions in 2006 and 111 proposals, in actionable and operational form, were

2
https://www.linkedin.com/company/wipo
3
https://www.techopedia.com/definition/24899/wipo
 submitted for consideration. The basis for these proposals came out of 14 proposal papers by
various Member States.4
The 2006 General Assembly renewed the mandate of the PCDA for one year. The 2006 Assembly
also decided that two 5-day sessions would be held in 2007. These sessions would allow for
structured in-depth discussions on all 111 proposals that had been made during the sessions of the
IIM and PCDA in 2005 and 2006, respectively. In order to facilitate the task and streamline the
process for detailed examination of all proposals in an inclusive manner, the PCDA decided:

 to narrow down the proposals, in order to ensure that there was no repetition or duplication;
 to separate the proposals, which were actionable, from those which were declarations of general
principles and objectives; and
 to note those proposals, which related to existing activities in WIPO and those which did not.
It was further agreed at that time that the PCDA would report to the 2007 General Assembly with
recommendations for action on the agreed proposals, and on a framework for continuing to address
the other proposals following the 2007 General Assembly. In 2007, two sessions of the PCDA
were held, during which Member States agreed, inter alia, on a set of 45 recommendations and
recommended the establishment of the Committee on Development and Intellectual Property.

Overview of the Development Agenda

In 2007, the Member States of the World Intellectual Property Organization (WIPO) adopted the
decision that formally established the “Development Agenda of WIPO” with the aim of placing
development at the heart of the Organization’s work.

The decision consisted of the adoption of a set of 45 Development Agenda recommendations and
the establishment of a Committee on Development and Intellectual Property (CDIP).

The CDIP was mandated to: (i) develop a work-program for the implementation of the 45 adopted
recommendations; (ii) monitor, assess, discuss and report on the implementation of all
recommendations adopted, and for that purpose coordinate with relevant WIPO bodies; and (iii)

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https://www.wipo.int/ip-development/en/agenda/background.html
discuss IP and development related issues as agreed by the Committee, as well as those decided
by the General Assembly.5

The 45 recommendations are grouped into six clusters reflecting the main areas of focus of the
Development Agenda. The recommendations require a wide range of actions for implementation,
ranging from concrete development-oriented projects and activities to the application of certain
principles and objectives that should continue to guide the work of the Organization.

In keeping with its mandate, the Organization has embarked upon a structured approach to
mainstream the Development Agenda recommendations into all its work by integrating the
recommendations into all its substantive programs. Its introduction of a results-oriented, project-
based methodology has led to a significant move forward in the implementation of the
recommendations.

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https://www.wipo.int/ip-development/en/agenda/overview.html