KEI and IQsensato panel
Proposal for a WTO Agreement on the Supply
of Knowledge as a Public Good
Presentation by
Shandana Gulzar Khan
Legal Affairs Officer
Permanent Mission of Pakistan to the WTO
OBJECTIVE:
To identify how the rules-based multilateral trading
system should respond to the rapidly changing
global environment and promote coherence at the
international level to better address global trade
challenges.

Undersupply of global public goods, including those
involving knowledge goods

Lack of capacity of current international trade
architecture to address the problem

The WTO is the appropriate institution to host an
international instrument to address the chronic
undersupply of global public goods (?)

Proposals involving government commitments to
increase the supply of global public goods in specific
areas are important, but are not a sufficient response to
the problem identified …
In context
 Who
is the demandeur?
 Why the WTO?
 When is it the right time ?
 How can it be done?
A
large number of Governments, academics,
organisations, both national and international

Secondly, and perhaps more importantly, the
following excerpt from the DG’s introduction to he
2011 public forum (on the WTO website) says it
all:
“The political, economic, and social aspects of the
world we live in today are very different to those
that existed a decade ago.”
“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 a
result there is a widening gap between existing trade
rules and the new realities.” (excerpt from WTO website on the
public forum)
The real demandeur is the reality of today
 “Strong
enforcement mechanisms” i.e. the dispute
settlement mechanism
 “A
(diverse) portfolio of agreements and/or
negotiations”
 “Linkage(s)
in the negotiations…to outcomes”
(According to KEI/IQSensato)
 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 contexts
 BUT……
To assert that such a context i.e. for delivering on
public goods and services , does NOT EXIST AT
ALL OR CANNOT BE GLIMPSED from
various provisions, would be glossing over the
legal texts
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)
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 the
production 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 ……..
 Recognizing
that their relations in the field of trade
….. should be conducted with a view to raising
standards
of
living,
ensuring
full
employment….. (similar to Marrakesh Agreement)
 Being
desirous of contributing to these objectives
by entering into reciprocal and mutually
advantageous arrangements directed to the
substantial reduction of tariffs and other
barriers to trade and to the elimination of
discriminatory treatment in international
commerce….
Members,

Recognizing the growing importance of trade in services
for the growth and development of the world economy;

Wishing to establish a multilateral framework of principles
and rules for trade in services with a view to ……… and the
development of developing countries;

Recognizing the right of Members to regulate, and to
introduce new regulations, ….. given asymmetries existing
with respect to the degree of development of services
regulations in different countries, the particular need of
developing countries to exercise this right;
Article 7 : Objectives
 The
protection and enforcement of intellectual
property rights should contribute to the
promotion of technological innovation and to the
transfer and dissemination of technology, to the
mutual advantage of producers and users of
technological knowledge and in a manner
conducive to social and economic welfare, and to
a balance of rights and obligations.
Article 8: Principles
 1.
Members may, in formulating or amending their
laws and regulations, 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.
 Raising
standards of living (Marrakesh
Agreement, 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)
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 property
rights 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 socioeconomic and technological development, provided
that such measures are consistent with the provisions
of this Agreement. (TRIPS)

 “Just
do it” may not be the appropriate
mantra: timing is of the essence
 My
guess: post –Doha , for a new round
 The
Research agenda of the KEI/Iqsensato is
more than adequate as a rather large first
step.
 Only when the confidence of the membership
fully rests in the following points, the
paradigm shift will become the new reality:







The idea
The need
Details (need to keep the devil out)
The how-to’s
The possible legal text
Possible failings
Best practices