TNAG-1927-FCO40-2744-Future-of-Hong-Kong-Sino-British-Joint-Liaison-Group-sub-gro-1989 — Page 224

WIPO COMMITTEE OF EXPERTS ON INTELLECTUAL PROPERTY IN RESPECT OF INTEGRATED CIRGUTTS, FOURTH SESSION, NOVEMBER 7-22 1988

Summary

1. The meeting got off to a slow start with the developing countries pressing for, and getting, a day and a half devoted to discussion of their 6 points of concern (set out in paper IPIC/CE/IV/3) and a general debate before discussion of the draft Treaty could begin. The Community just managed to present a united front in WIPO, hiding an almost complete behind the scenes breakdown in the arrangements for co-ordination but clearly the Community cannot afford to be so ill-prepared for washington. Only C Group B meeting took place at which the US proposal that we should go for overkill here, and thereby be seen to give co.cessions in Washington, was overwhelmingly rejected. Subsequently, the US climbed down on non-voluntary licensing and made a specific proposal, much to the delight of almost

everyone.

Detail

The

2. Following the election of Mr Grossenbacher (Switzerland) as chairman, there ensued a long discussion on the proposed agenda for the week with the developing countries wishing to have a full debate on their six points of concern (IPIC/CE/IV/3) before discussing the Treaty itself, and the developed countries supporting a discussion of the 'six points' in conjunction with the debate on the Treaty. In the end, it was decided that the developing countries should have the opportunity to discuss their concerns before moving on to discussion of the Treaty. developed countries took a hack seat for this and, in general, only took the floor when asked a direct question, for example, about a specific provision in national law.

3. The United States was first to speak in the general debate announcing that on 1 March 1989 the US will become a member of Berne. The US did little to endear itself to the WIPO Secretariat (or Group 77) by criticising the latest draft of the Treaty, stating that the draft was moving further away from the consensus and adding that the US "would prefer no Treaty at all to one which would allow piracy". The developing countries on the other hand saw the new draft in a better light and thought it left the door open to successful negotiations. It was agreed that Community states should individually make statements in the general debate stressing the importance of wide particiption in the Treaty and the need for "appropriate" protection, and thanking the WIPO Secretariat for their efforts in producing a new text which provided a good basis for making real progress.

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