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Implementing the World Intellectual Property Organization’s Development Agenda

Table of contents

Table of Contents for Implementing the World Intellectual Property Organization’s Development Agenda, edited by Jeremy de Beer
List of Acronyms
Foreword | Daniel J. Gervais
Defining WIPO’s Development Agenda | Jeremy de Beer, University of Ottawa, ON
The WIPO Development Agenda Forum and Its Prospects for Taking into Account Different Levels of Development | Sara Bannerman, Carleton University, Ottawa, ON
A Conceptual and Methodological Framework for Impact Assessment under the WIPO Development Agenda (Cluster D) | Xuan Li, Innovation & A2K Programme, South Centre, Geneva
Reforming Governance to Advance the WIPO Development Agenda | Carolyn Deere, Global Trade Governance Programme, University of Oxford, UK
From Agenda to Implementation: Working Outside the WIPO Box | E. Richard Gold and Jean-Frédric Morin, Centre for IP Policy, McGill University, Montréal, QC
The Role of WIPO’s Leadership in the Implementation of the WIPO Development Agenda | Sisule F. Musungu, Information Society Project, Yale University, New Haven, CT
Building Intellectual Property Coalitions for Development | Peter K. Yu, Intellectual Property Centre, Drake University, Des Moines, IA
The WIPO Development Agenda: Factoring in the “Technologically Proficient” Developing Countries | Shamnad Basheer, Oxford IP Research Centre, University of Oxford, UK and Annalisa Primi, UN Economic Commission for Latin America and the Caribbean, Santiago, Chile
Localizing WIPO’s Legislative Assistance: Lessons from Chinas Experience with TRIPs | Lihong Li, University of Ottawa, ON
The Public–Private Dichotomy of IP: Recommendations for the WIPO Development Agenda | V.C. Vivekanandan, NALSAR University of Law, Hyderabad, India
Strategies to Implement the WIPO Development Agenda: A Brazilian Perspective and Beyond | Pedro Paranaguá, Fundação Getulio Vargas, Rio de Janeiro, Brazil
Implementing the WIPO Development Agenda: Treaty Provisions on Minimum Exceptions and Limitations for Education | Andrew Rens, Shuttleworth Foundation, South Africa
Afterword | Christopher May
Contributors’ Bios
Sara Bannerman is a part-time professor at the University of Ottawa. Her research focuses on Canadian and international copyright history.
Shamnad Basheer is the Ministry of HRD Chair in Intellectual Property at the National University of Juridical Sciences (NUJS), Kolkata, India.
Jeremy de Beer is an associate professor in the Faculty of Law at the University of Ottawa.
Carolyn Deere is the director of the Global Trade Governance Project at the Global Economic Governance Programme, University College, Oxford.
Daniel Gervais is professor of law, Vanderbilt University Law School and University of Ottawa (Common Law Section). He is the autor of The TRIPS Agreement: Drafting History and Analysis (3rd ed., 2008), editor of Intellectual Property, Trade and Development (Oxford University Press, 2007) and of Collective Management of Copyright and Related Rights (Kluwer, 2006), and co-author of Intellectual Property: The Law in Canada (Carswell, 2005).
E. Richard Gold is president of The Innovation Partnership,, and associate professor, Faculty of Law, at McGill University.
Lihong Li is an LL.D. candidate in the Faculty of Law at the University of Ottawa.
Xuan Li is coordinator of the Innovation and Access to Knowledge Programme at the South Centre, Geneva, Switzerland. She is director of the Intellectual Property Policy and Develoment online course jointly organized by the South Centre and United Nations Institute for Training and Research.
Christopher May is professor of political economy and an associate dean of the Faculty of Arts and Social Sciences. He has published widely on IPRs, including the first independent book-length analysis of WIPO (Global Institutions series, Routledge, 2007) and the revised second edition of his influential study A Global Political Economy of IPRs (Routledge, 2009).
Jean-Frédéric Morin is assistant professor, Department of Political Science, Université Libre de Bruxelles, and is an expert at The Innovation Partnership.
Sisule F. Musungu is the president of IQsensato,, an international development research and policy think tank, and researcher and policy analyst on intellectual property.
Pedro Paranaguá is full-time lecturer of law at the Fundação Getulio Vargas’s (FGV) School of Law in Rio de Janeiro. He coordinates the A2K (Access to Knowledge) Brasil Programme,, at the Centre for Technology and Society.
Annalisa Primi is an expert, Industrial and Technological Development Unit, with the Economic Commission for Latin America and the Caribbean, United Nations, and is based in Santiago, Chile.
Andrew Rens is an intellectual property fellow with the Shuttleworth Foundation in South Africa.
V.C. Vivekanandan is the Ministry of Human Resources Development Intellectual Property Chair at NALSAR University of Law in Hyderabad, India. The author can be reached at
Peter K. Yu holds the Kern Family Chair in Intellectual Property Law and is the founding director of the Intellectual Property Law Center at Drake University Law School. He is also a Wenlan Scholar Chair Professor at Zhongnan University of Economics and Law in Wuhan, China, and visiting professor of law in the Faculty of Law at the University of Hong Kong.


The newly adopted World Intellectual Property Organization (WIPO) Development Agenda presents a real opportunity to revolutionize the international governance of intellectual property law and policy. The litmus test for its success, however, will be if and how the agenda is implemented in practice. This edited collection brings together a series of incisive essays written by leading thinkers from emerging economies, Canada, and elsewhere to develop concrete strategies for implementing the agenda.
The essays cover a range of fundamental issues surrounding the agenda and examine its recommendations from multidisciplinary and multi-regional perspectives. Several essays explore the role of WIPO and its member states in steering the direction of future reform as well as potential approaches to achieve this goal. Other contributions examine specific recommendations on WIPO’s activities within the broader context of development.
This volume will be a useful source of reference for informed but non-expert readers, including government officials and delegates at international and “capital” levels, leaders of the international business community, individuals in inter- and non-governmental organizations, and scholars in the fields of law and international governance.
Co-published with the International Development Research Centre and the Centre for International Governance Innovation


An effort to understand where WIPO came from and how it got where it is today ... a crucial understanding and ... probably what is going to make the biggest difference to future attempts to change the organization ... this book is the first full-length publication on the WIPO Development Agenda and is therefore a major contribution. It is particularly interesting because it addresses history and offers a range of ideas on the way forward.... It will be fools who rush in without reading this crucial documentation of the process, and they will certainly fail to make lasting change at WIPO.

- Heather Budge-Reid, Ideas in Development Blog, July 2009, 2009 April

Implementing the World Intellectual Property Organization's Development Agenda is indispensable and most timely.... The overall quality of the collection is quite impressive.

- Edward Kwakwa, WIPO, Geneva, Canadian Foreign Policy, 2011, 2011 May

If it is to be successful, the Development Agenda will need input not just from national delegates at WIPO or from the Secretariat but also from leading academics and others (civil society). This book is precisely such a contribution.

- Daniel J. Gervais, Vanderbilt University Law School (from the Foreword), 2009 April