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KEI and IQsensato panel

Proposal for a WTO Agreement on the Supplyof Knowledge as a Public Good

Presentation by

Shandana Gulzar Khan

Legal Affairs Officer

Permanent Mission of Pakistan to the WTO

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OBJECTIVE:

To identify how the rules-based multilateral trading

system should respond to the rapidly changingglobal environmentand promote coherence at the

international level to better address global trade

challenges.

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Undersupply of global public goods, including thoseinvolving knowledge goods

Lack of capacity of current international trade

architecture to address the problem

The WTO is the appropriate institution to host aninternational instrument to address the chronicundersupply of global public goods (?)

Proposals involving government commitments toincrease the supply of global public goods in specificareas are important, but are not a sufficient response tothe problem identified

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In context

Who is the demandeur?Why the WTO?

When is it the right time ?

How can it be done?

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A large number of Governments, academics,

organisations, both national and international

Secondly, and perhaps more importantly, thefollowing excerpt from the DGs introduction to he

2011 public forum (on the WTO website) says it

all:

Thepolitical, economic, and social aspects of the

world we live in today are very different to those

that existed a decade ago.

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The world has changed. The political, economic,

and social contours of the world we live in today are

very different to those that existed a decade ago. As aresult there is a widening gap between existing trade

rules and the new realities. (excerpt from WTO website on thepublic forum)

The real demandeur is the reality of today

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Strong enforcement mechanisms i.e. the dispute

settlement mechanism

A (diverse) portfolio of agreements and/or

negotiations

Linkage(s) in the negotiationsto outcomes

(According to KEI/IQSensato)

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This questions shifts the balance and burden

Surgical splicing of the legal texts is

unnecessary, all legal texts and covered

agreements are read in their respective contextsBUT

To assert that such a context i.e. for delivering on

public goods and services , does NOT EXIST ATALL OR CANNOT BE GLIMPSED from

various provisions, would be glossing over the

legal texts

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Back to the drawing board; a legal perspective ?

Does WTO have the mandate to deliver ? A look at

various WTO legal instruments has some answers Such a mandate could be found( as distinguished

from gap-filling or cobbling together something

that does not exist currently)

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The Parties to this Agreement,

Recognizing that their relations in the field of trade and

economic endeavor should be conducted with a view to

raising standards of living, .and expanding theproduction of and trade in goods and services,

Recognizing . need for.. efforts designed to ensure that

developing countries, and especially the least developed

among them, secure a share in the growth in international

trade commensurate with the needs of their economic

development

.by entering into reciprocal and mutually advantageous

arrangements directed to the substantial reduction of tariffs

and other barriers to trade ..

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Recognizing that their relations in the field of trade.. should be conducted with a view to raisingstandards of living, ensuring fullemployment.. (similar to Marrakesh Agreement)

Being desirous of contributing to these objectivesby entering into reciprocal and mutuallyadvantageous arrangements directed to the

substantial reduction of tariffs and otherbarriers to trade and to the elimination ofdiscriminatory treatment in internationalcommerce.

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Members,

Recognizing the growing importance of trade in servicesfor the growth and development of the world economy;

Wishing to establish a multilateral framework of principlesand rules for trade in services with a view to and thedevelopment of developing countries;

Recognizing the right of Members to regulate, and tointroduce new regulations, .. given asymmetries existingwith respect to the degree of development of servicesregulations in different countries, the particular need ofdeveloping countries to exercise this right;

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Article 7: Objectives

The protection and enforcement of intellectualproperty rights should contribute to thepromotion of technological innovation and to thetransfer and dissemination of technology, to themutual advantage of producers and users oftechnological knowledge and in a manner

conducive to social and economic welfare, and toa balance of rights and obligations.

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Article 8: Principles

1. Members may, in formulating or amending their

laws and regulations, adopt measures necessary toprotect public health and nutrition, and to

promote the public interest in sectors of vital

importance to their socio-economic and

technological development, provided that suchmeasures are consistent with the provisions of this

Agreement.

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Raising standards of living (MarrakeshAgreement, GATT)

Expanding the production of and trade in goods

and services (Marrakesh Agreement, GATT)Secure a share in the growth in international

trade (Marrakesh Agreement, GATT)

Needs of economic development(Marrakesh

Agreement, GATT)Substantial reduction of tariffs and other

barriers to trade .. (Marrakesh Agreement,GATT)

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Development (needs) of developing countries (GATS)

Given asymmetries .. as to the degree of development

of services regulations in different countries (GATS)

Protection and enforcement of intellectual propertyrights should be carried out in a manner conducive

to social and economic welfare (TRIPS)

Members may, . adopt measures necessary to protect

public health and nutrition, and to promote the public

interest in sectors of vital importance to their socio-

economic and technological development, provided

that such measures are consistent with the provisions

of this Agreement. (TRIPS)

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Just do it may not be the appropriate

mantra: timing is of the essence

My guess: post Doha , for a new round

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The Research agenda of the KEI/Iqsensato ismore than adequate as a rather large firststep.

Only when the confidence of the membership

fully rests in the following points, theparadigm shift will become the new reality: The idea

The need

Details (need to keep the devil out)

The how-tos

The possible legal text

Possible failings

Best practices