A View from WIPO
By Colleen Chien and Anna Han
On Tuesday, January 26, 2016 Santa Clara’s Center for Global Law & Policy and the High Tech Law Institute hosted Dr. Edward Kwakwa, Legal Counsel for the World Intellectual Property Organization (WIPO), for a fascinating and frank discussion of international intellectual property development before a packed room of students, professors, and members of the community. Kwakwa’s talk provided fresh and timely insights into the nature of international law making and what can – and can’t – be achieved in today’s world order. Though most in the audience had some familiarity with the domestic debate over current intellectual (“IP”) issues, Kwakwa’s remarks went well beyond US perspectives, informed by his work with WIPO and its 188 contracting states.
Intellectual property can stimulate new innovations that developed and developing countries both need, but can be viewed as reducing competition for the developing countries and lead to higher prices for their consumers. For countries that hope to use intellectual property to spur the next generation of indigenous advances but face higher prices for current innovations, striking the right balance can be challenging and contentious. Against this backdrop, Dr. Kwakwa’s talk addressed a number of important developments.
First, WIPO’s Development Agenda, which seeks to stress that intellectual property is a means to greater development, and not an end itself, has largely been a response of emerging economies to ensure that conversations about patents, copyright, and other forms of IP are carried out in their proper context. While a worthy goal, it has arguably made it much harder to advance agreements that are perceived as IP-strengthening.
Kwakwa’s second topic covers an area where the debate does not conform to the usual “developed” vs. “developing” divide. In the area of geographical indications (or “appellations of origin”) the divide is between “old” wine countries are primarily concentrated in Europe and “young” wine countries such as Chile, the US and Australia. Another example involves cheese such as the designation of “Parma”
Despite the seeming difficulties to reach agreements above, countries can come together, as Kwakwa’s third and final discussion topic, the Marrakesh VIP (Visually Impaired Persons) Treaty illustrates. This treaty, concluded in 2013, creates a set of mandatory limitations and exceptions under copyright law for the benefit of the blind, visually impaired, and otherwise print disabled persons (VIPs) who may seek to adopt print works for their use but can’t currently do so in many jurisdictions without permission from the copyright holder, and is awaiting ratification by contracting states. Though progress might be slow, WIPO, now in its 5th decade, is well-poised to see it through.
Kwakwa’s talk was followed by enthusiastic questions from the audience and our community has been enriched by his visit.
