WORLD TRADE  
ORGANIZATION  IP/C/W/516/Add.4 
23 October 2008 
 
 (08-5143) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
 
TECHNICAL COOPERATION ACTIVITIES:  INFORMATION FROM 
OTHER INTERGOVERNMEN TAL ORGANIZATIONS 
 
UNITED NATIONS CONFERENCE ON TRADE  
AND DEVELOPMENT (UNCTAD) 
 
Addendum  
  
 At its meeting of 17 June 2008, the Council fo r TRIPS agreed to invite intergovernmental 
organization observers to the Council to update th e information on their technical and financial 
cooperation programmes relating to the impl ementation of the TRIPS Agreement.  
 The present document reproduces the informati on which has been received from the United 
Nations Conference on Trade and Development ( UNCTAD) by means of a communication dated 
14 October 2008.  
 
_______________ 
 
 
UNCTAD'S WORK IN THE AREA OF INTELLECTUAL PROPERTY 
RIGHTS AND DEVELOPMENT 
 
  Responding to the new mandate received from member States at the Ministerial Conference in Accra, as well as to the WIPO Development Agen da and the World Health Assembly's Resolution 
61.21 on a Global Strategy and Plan of Action on Public Health, Innovation and Intellectual Property, 
the UNCTAD Secretariat is implementing a work programme on the development dimensions of 
intellectual property (IP) rights.  The IP programme conducts research and analysis on trade and development aspects of intellectual property and facilitates consensus-building in international 
discussions on issues at the interface between investme nt and intellectual property.  Located in the 
Division on Investment and Enterprise, the IP  programme responds to requests for technical 
assistance through research and advises on policy options in these fields for successfully integrating 
developing countries into the world economy. 
I. RESEARCH AND POLICY ANALYSIS 
1. The UNCTAD-ICTSD (International Centre fo r Trade and Sustainable Development) 
Project on Intellectual Property Rights and Sustainable Development  is intended to address the 
concerns voiced by developing countries with resp ect to implementation of the TRIPS Agreement and 
new developments in the area of intellectual prope rty rights (IPRs) contained in multilateral treaties IP/C/W/516/Add. 4 
Page 2  
 
  and regional and bilateral free trade agreements.
1  The project aims at improving the understanding of 
the development implications of IPRs;  facilitati ng informed participati on in ongoing multilateral, 
regional and bilateral negotiations, as well as assistin g national authorities in the implementation of 
international IP commitments and adoption of forw ard-looking national IPRs policies.  The research 
and policy analysis conducted under this partnershi p to date has resulted in numerous publications, 
including: 
• A Resource Book on TRIPS and Development  providing a development-oriented 
analysis of each provision of the TRIPS Agreement, taking into account economic and social implications and IPR trends in n on-WTO forums.  The book is available on the 
project website ( www.iprsonline.org
) and was published by Cambridge University 
Press in February of 2005.  
 
• A Study Series  on various topical IPR issues including transfer of technology, public 
health, geographical indications, nutriti on, traditional knowledge, TRIPS-plus in 
bilateral and regional agreemen ts, innovation, competition, and computer software.   
 
• Regional Research Agenda made up of a series of policy-oriented research papers on 
specific IP issues, written by field-based experts representing each region.  The studies 
focus on specific IP issues that have been identified as research gaps by participants in 
UNCTAD-ICTSD Regional Dialogues (see be low).  They analyse development 
concerns in IP debates, with a view to contributing directly to national and regional 
policy-making.  The studies involve collaboration between regional research institutions in developing countries.  
 
• At the regional and national level,  the project works closely with selected centres of 
excellence based in established universities and research institutions in developing 
countries, as well as with NGOs, media and parliamentarians.  The main means of collaboration are joint research and regiona l dialogues, which draw on the existing and 
ongoing research described above.  
 
2. At the end of 2006, UNCTAD and ICTSD entered into a new phase of their project, which 
aims to assist developing countries in integra ting intellectual property issues into their overall 
development objectives.  Under the new project phase, UNCTAD provides technical assistance to interested governments in the form of Developm ent Dimension of Intellectual Property (DDIP) 
Reports (see below, Section 2 for details).   
3. In addition, UNCTAD and ICTSD have recently launched a series of Policy Briefs  to generate 
policy-oriented research which would contri bute towards the implementation of the WIPO 
Development Agenda recommendations.  Issues discu ssed in the Briefs cover a range of various 
issues of importance in the WIPO Deve lopment Agenda context, such as, inter alia , some practical 
suggestions on how to improve the implementati on of the technology transfer provision under 
Article 66.2 of the TRIPS Agreement;  the technical assistance principles of the Development Agenda 
and their practical implementation;  the norm setti ng principles of the Development Agenda and their 
practical implementation;  and the research exemption in patent law.  
                                                     
 
1 Since 2001, the project has benefited from the financial support of the UK Department for 
International Development (DFID), the Swedish Intern ational Development Cooperation Agency (SIDA) and 
the Rockefeller Foundation.   IP/C/W/516/Add. 4 
 Page 3 
 
 
  4. Finally, UNCTAD has also recently commenced research on intellectual property 
provisions in bilateral a nd regional economic agreements .  Some of the results of this research are 
available in UNCTAD's International Inv estment Arrangements Monitor No. 1 (at 
www.unctad.org/tot-ip) .  
II. TECHNICAL ASSISTANCE  
5. UNCTAD's IP programme conducts technical assistance activities with developing countries 
in the integrated areas of investment and intellect ual property.  These projects are on a request basis 
and funded by donor govern ments and institutions.   
A. IPR S AND LOCAL PHARMACEUTICAL PRODUCTION AND SUPPLY CAPACITY OF ESSENTIAL 
MEDICINES  
6. In 2005, UNCTAD was mandated by its Commi ssion on Investment, Technology and Related 
Financial Issues to engage on work  related to the local manufacturing and supply of pharmaceutical 
products, in the context of MDG 8, Target 17.2  The Commission recommended that: 
"UNCTAD should, within its work programme  on investment, technology transfer and 
intellectual property, assess ways in which developing countries can develop their 
domestic productive capability in the supply of essential drugs in cooperation with 
pharmaceutical companies. "  
7. In the pursuit of this mandate, UNCTAD est ablished a pilot programme in 2006 on local 
pharmaceutical production with the financial s upport of Germany and the United Kingdom.  The 
overall objective of the programme, implemented by th e IP team, is to assist developing countries, 
and least developed countries (LDCs) in particular, to establish domestic intellectual property regimes 
that facilitate increased access to affo rdable medicines;  and, where feasible, create local or regional 
pharmaceutical production and supply capacities, including in cooperation with investors.  The main 
activities of this programme are: 
• The preparation of a Stakeholders' Reference Guide to IP and Related Policies .  The 
objective is to provide concise and practical information on ways to promote local 
pharmaceutical production and improve access to  medicines through a variety of policy 
tools, focusing on the flexibilities provide d under TRIPS, and the interfaces between 
IP, trade and investment, drugs regulation a nd procurement strategies.  An advanced 
draft of the Guide is being used as the basi s for training courses for stakeholders from 
selected developing countries.  The Gu ide is currently being finalized.  
 
• The organization of training courses  for stakeholders from developing countries, using 
the above guide and accompanying training mate rials.  The beneficiaries identified to 
date, based on requests for technical assistance, are Botswana, Ethiopia, Kenya, Tanzania, and the Secretariat of the East  African Community (EAC).  The target 
audience consists of government officials and policy makers;  local pharmaceutical 
companies and their legal counsels;  as well as civil society.  The objective is to 
familiarize course participants with the t ools available under the TRIPS Agreement to 
better align their intellectual property regime with national health objectives.  The first 
regional training course took place in Addis Ababa, Ethiopia, in March 2007 (see http://www.unctad.org/sections/dite_tot ip/docs/dite_pcbb_ias0049_en.pdf)
. In response 
                                                      
2 Since 2001, the project has benefited from the financial support of the UK Department for 
International Development (DFID), the Swedish Intern ational Development Cooperation Agency (SIDA) and 
the Rockefeller Foundation. IP/C/W/516/Add. 4 
Page 4  
 
  to the new mandate under the World Health  Assembly's Resolution 61.21 on a Global 
Strategy and Plan of Action on Public H ealth, Innovation and Intellectual Property, 
UNCTAD and the Department of Intellectual Property of the Government of Thailand (DIP), in its capacity as a member of the ASEAN Intellectual Property Group, are organizing, in December of this year, a capacity-building workshop on "Flexibilities in 
International Intellectual Property Rules a nd the Local Production of Medicines".  The 
workshop examines TRIPS Agreement oblig ations and flexibilities available to 
developing countries, and the least developed countries in particular, that can support the local production of generic pharmaceuticals. 
 
• The preparation of country reports  on the national intellectual property and investment 
regimes of selected developing countries.  These reports, which for the time being have 
been prepared for Ethiopia, Tanzania, a nd the Secretariat of the East African 
Community, contain some detailed policy r ecommendations aimed at facilitating the 
establishment of local pharmaceutical production and supply capacity. 
 
B. D
EVELOPMENT DIMENSION OF INTELLECTUAL PROPERTY (DDIP)  REPORTS : 
8. Under the new phase of the joint UNCTAD- ICTSD Project on IPRs and Sustainable 
Development, UNCTAD is producing, upon request by a developing country or least developed 
country, a number of reports on the development di mensions of intellectual property (DDIP).  The 
objective of a DDIP report is to examine devel oping countries' and LDCs' policy, legal and 
institutional framework for IPRs, particularly as it re lates to important development objectives such as 
innovation, technology, investment, competition and h ealth.  In addition, a DDIP report will take into 
consideration the bilateral, regi onal and international commitments the target countries have entered 
into and the flexibilities available to them.  
9. Based on this analysis, the reports will incor porate medium to long-term recommendations on 
how governments and other stakeholders coul d make these frameworks more coherent and 
transparent, with a view to making IPRs contri bute to a country's sustainable economic and human 
development goals, and respond to emerging global  opportunities.  The aim will be to present an 
analysis and recommendations designed to promote innovation and technology transfer from abroad, 
as well as a pro-competitive and transparent domestic IP system.  The DDIPs will take due account of 
the importance of maintaining an appropriate public  domain and the means to pursue important public 
interest objectives.   
10. UNCTAD currently works on the first DDIP Report for the Government of Uganda, 
following a request by the Ministry of Trade, Tourism and Industry (MTTI).  After their return from a field mission to Uganda, staff of UNCTAD's IP Team started preparing the draft DDIP report, 
reflecting the insights gained during the interviews with stakeholders at Kampala.  The DDIP report 
on Uganda is scheduled to be finalized  during the fourth quarter of 2008.   
C. R
WANDA : IP NEEDS ASSESSMENT AND IP POLICY /STRATEGY FOR IMPLEMENTATION  
11. In addition, UNCTAD received a request from Rw anda's Minister for Trade and Industry to 
provide assistance in the elaboration of the country's IP policy and a strategy for its implementation.  
At the same time, the Minister  also requested ICTSD to conduct a technical cooperation needs 
assessment under Article 66.2 of the TRIPS Agreem ent.  UNCTAD and ICTSD have agreed to pool 
resources and combine these activities.  For these combined purposes, UNCTAD and ICTSD 
conducted interviews with stakeholders at Kigali from 27 September to 4 October 2008.  A 
stakeholders' workshop to present the final IP policy/strategy is scheduled for early 2009.  IP/C/W/516/Add. 4 
 Page 5 
 
 
  D. THAILAND :  ADVISORY MISSION  
12. The Team Leader of UNCTAD's IP Team  participated in a joint WHO-UNCTAD-WTO-
UNDP advisory mission to Thailand from 31 January to 6 February 2008.  Pursuant to a request from 
Thailand under World Health Assembly resolution 60.30, the Thai Ministry of Public Health 
requested a joint mission of international organi zations with expertise on the TRIPS Agreement to 
advise them on the range of flexibilities available to them under international agreements, in light of 
their public health needs.  The mission, led by WHO,  met with a range of stakeholders including the 
Minister for Public Health, as well as officials of  the Food and Drug Administration, the Ministry of 
Foreign Affairs, the National Health Security Offi ce, the Department of Intellectual Property, the 
International Health Policy Programme, Depart ment of Disease Control, the Government 
Pharmaceutical Organization, as well as representativ es of local and international NGOs, the research-
based pharmaceutical industry and local pharmaceutical manufacturers.  
E. COOPERATION WITH OTHER PROVIDERS OF IP-RELATED TECHNICAL ASSISTANCE  
13. Staff of UNCTAD's IP Team frequently partic ipate in capacity-building workshops on IP and 
development issues organized by other providers of IP-related technical assistance.  For instance, the 
Leader of the IP Team lectured at the WIPO A cademy on 6 October 2008;   the Legal Expert made 
presentations on IP and development at the South Centre Training Workshop  for Developing Country 
Delegates on Intellectual Property (9 October 2008)  and at the WIPO Symposium on Intellectual 
Property and Life Sciences Regul ation (16 November 2007).   
III. CONSENSUS-BUILDING 
14. Consensus-building among stakeholders on issues of IP is an important element of the 
programme's work.  UNCTAD's substantive contributions on analysis of issues  related to 
development and IP have enabled it to become an  important forum, through its intergovernmental 
machinery, where governments, academia, civil soci ety and the private sector can meet to exchange 
ideas.  Examples of the IP programme's con sensus-building activities include the following: 
• On 17 July 2008, UNCTAD and ICTSD jointly organized a panel discussion on "The 
Global IP enforcement debate: New economic  perspectives and policy challenges" at 
the Palais des Nations.  The main purpose of  this activity was to contribute to the 
current debate on IP enforcement by providing new perspectives on the economic 
aspects of IP enforcement as well as insi ghts on the challenges raised by recent 
initiatives in this area for the promotion of a balanced and development oriented IP 
regime. 
 
• On 16 June 2008, UNCTAD and ICTSD conve ned a Geneva-based dialogue on the 
means to promote innovation and technological  capacities in developing countries in 
particular through Bayh-Dole type legislations.  The objective of the dialogue was to provide WIPO delegates with a number of ideas for the implementation of the WIPO 
Development Agenda. 
 IP/C/W/516/Add. 4 
Page 6  
 
  • On 16 June 2008, UNCTAD and ICTSD organized a dialogue on the ways to 
encourage transfer of technology in favour of the LDCs in the context of Article 66.2 of 
the TRIPS Agreement.
3  Prof. Foray, from Ecole Polyt echnique Federale  de Lausanne, 
presented the results of a report entitled, "T echnology Transfer in the TRIPS Age – The 
Need for New Types of Partnerships between the Least Developed and Most Advanced 
Economies". 
 
• On 15 November 2007, UNCTAD organi zed a Multistakeholder Dialogue on 
"Mobilizing Resources and Harnessing Knowle dge for Development: Investment and 
the Local Production of Essential Medicines" in Geneva.  The objective of this Dialogue was to discuss options for strengthening developing countries' and LDCs' local capacities in the pharmaceutical sector , including through investment, IPRs, and 
trade.  Emphasis was put on innovative approaches to the use of TRIPS flexibilities, on 
development objectives and on the feasibility of national approaches taken by various 
countries in line with their international commitments.   
 
__________  
                                                     
 
3 http://www.iprsonline.org/ictsd/Dialogues/2008-06-16/2008-06-16_desc.htm