RE: Group Request for Reconsideration of NGO Accreditation Policy for WIPO Development Agenda Meetings 11 –15 April 2005

29 March 2005

To World Intellectual Property Organization (WIPO) Secretariat:

We, the undersigned Non-Governmental Organizations, welcome WIPO’s adoption of the “Proposal for the Establishment of a Development Agenda”[1] at its 4 October 2004 General Assembly Meeting.  The General Assembly’s adoption of the Development Agenda represents an important step forward in the effort to align WIPO’s activities with the global public interest.

However, we are disappointed that WIPO’s Secretariat has denied our organizations permission to attend these meetings, and we are writing to request that WIPO reconsider its policy for determining which organizations may participate in meetings regarding the Development Agenda from 11 – 15 April 2005 in Geneva.

In its adoption of the Development Agenda program, Member Countries explicitly called upon WIPO to “give greater weight to the interests of consumers and public interest at large.”   While the 11-15 April 2005 meetings in Geneva are intended to further the discussions regarding the Development Agenda, many of those concerned about the current balance between the public interest and rights holders are not allowed to attend.

Despite Member Countries’ request to open-up WIPO proceedings, the Secretariat has interpreted the definition of “accredited” NGO extremely narrowly, denying many experts and interested NGOs from attending the discussions.  In its determination of appropriate accreditation, the Secretariat decided that only those organizations that were accredited as “Permanent” members to the General Assembly before Fall 2004 may attend the 11-15 April 2005 Development Agenda meetings.  The Secretariat’s decision is an unnecessarily narrow interpretation of “proper accreditation,” since NGOs with “ad hoc” or other types of accreditations are allowed to participate at other WIPO meetings. 

An exclusionary accreditation policy is particularly troubling in light of the stated goals of the Development Agenda: to foster greater participation from civil society.[2]  The decision to define “accreditation” so narrowly means that very few NGO’s from developing countries or that work to protect consumer rights will be permitted to participate in the discussions.  Of the 193 NGOs eligible to participate at these meetings, only 24 specifically work on improving conditions in developing countries.[3]  The decision also means that industry-lobbyists will continue to be well represented at WIPO and will remain largely unopposed in the debate over the proper balance of rights with consumers and developing nations.

Under this policy, NGOs had to apply for accreditation before the Development Agenda had ever been adopted by the General Assembly.  No new NGOs can be accredited and thus allowed to participate in the Development Agenda meetings until the Fall of 2005, a full year after the General Assembly decided to adopt the Agenda, and long after policy parameters are determined.  The April meetings are the only WIPO meetings where civil society groups may have direct input on Development Agenda issues before WIPO completes its report on the Development Agenda in July for the September General Assembly meeting.

As a United Nations agency, it is WIPO’s duty to promote the Public Interest -- first and foremost.  Holding exclusionary and one-sided policy discussions undermines the UN’s stated goal, “to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained.”

Civil society organizations participating in the UN’s World Summit on the Information Society (WSIS) issued a press release on 2 March 2005 stating they are “deeply concerned at current accreditation arrangements for the development agenda within WIPO, which remains grossly imbalanced towards intellectual property rights holders rather than public interest groups.”[4]

An online global petition has been published calling for WIPO to reform its accreditation policies and permit greater public interest NGOs to participate.[5]  As of the time of this writing, over 1000 individuals and organizations from more than 56 countries have signed the statement urging WIPO’s reform.

We respectfully request that WIPO reconsider its policy for deciding which NGOs may attend the Development Agenda meetings in light of the objectives of the Development Agenda: to encourage greater participation in the WIPO process from global civil society, particularly public interest NGOs.

IP Justice is an international civil liberties organization that promotes balanced intellectual property laws. IP Justice defends consumer rights to use digital media worldwide and is a non-profit organization based in San Francisco. IP Justice was founded in 2002 by Robin Gross, who serves as its Executive Director. To learn more about IP Justice, visit the website at http://www.ipjustice.org.