June 18, 2007 | By Gwen Hinze

Blogging WIPO: The New Development Agenda

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THE NEW WIPO DEVELOPMENT AGENDA

PCDA Recommendations to 2007 General Assembly

(As adopted 9:38 pm June 15, 2007)

The PCDA decided to make the following recommendations to the 2007 General Assembly:

1. To adopt the recommendations for action in the agreed proposals contained in the Annex;

2. To immediately implement the recommendations contained in the list submitted by the Chair of the PCDA, in accordance with paragraph X of the Report of the Fourth Session of the PCDA;

3. A Committee on Development and IP be established immediately to:

a. develop a work-program for implementation of the adopted recommendations;

b. monitor, assess, discuss and report on the implementation of all recommendations adopted, and for that purpose it shall coordinate with relevant WIPO bodies;

c. discuss IP and development related issues as agreed by the Committee, as well as those decided by the General Assembly.

4. The Committee will be composed of the Member States of WIPO and open to the participation of all accredited intergovernmental and non governmental organizations. It will consider and adopt rules of procedure based on the WIPO General Rules of Procedure at its first meeting, which will be convened in the first half of 2008. The number and duration of meetings of the Committee are to be decided by the General Assembly.

5. For the first meeting of the Committee, the present Chair of the PCDA is requested to prepare initial working documents, including a draft work program in consultation with Member States and the Secretariat. The draft work program should address, inter alia, the financial and human resources requirements for inclusion in WIPO's budgetary planning process.

6. The Committee will report and may make recommendations annually to the General Assembly.

7. The PCIPD shall cease to exist and the mandate of the PCDA will not be renewed.

ANNEX B
DRAFT AGREED PROPOSALS (as at 15 June 2007)

CLUSTER A: TECHNICAL ASSISTANCE AND CAPACITY BUILDING

1. To assist Member States to develop and improve national IP institutional capacity through further development of infrastructure and other facilities with a view to making national IP institutions more efficient and promote fair balance between IP protection and the public interest. This technical assistance should also be extended to sub-regional and regional organizations dealing with IP.

2. To assist Member States to strengthen national capacity for protection of domestic creations, innovations and inventions and to support development of national scientific and technological infrastructure, where appropriate, in accordance with WIPO?s mandate.

3. To further mainstream development considerations into WIPO?s substantive and technical assistance activities and debates, in accordance with its mandate.

4. WIPO?s legislative assistance shall be, inter alia, development-oriented and demand-driven, taking into account the priorities and the special needs of developing countries, especially LDCs, as well as the different levels of development of Member States and activities should include timeframes for completion.

5. Within the framework of the agreement between WIPO and the WTO, WIPO shall make available advice to developing countries and LDCs, on the implementation and operation of the rights and obligations, and the understanding and use of flexibilities contained in the TRIPS Agreement.

CLUSTER B: NORM-SETTING, FLEXIBILITIES. PUBLIC POLICY AND PUBLIC DOMAIN

1. In its activities, including norm-setting, WIPO should take into account the flexibilities in international IP agreements, especially those which are of interest to developing countries and LDCs.

2. To urge the IGC to accelerate the process on the protection of genetic resources, traditional knowledge and folklore, without prejudice to any outcome, including the possible development of an international instrument or instruments.

3. To initiate discussions on how, within WIPO?s mandate, to further facilitate access to knowledge and technology for developing countries and LDCs to foster creativity and innovation and to strengthen such existing activities within WIPO.

4. To promote norm-setting activities related to IP that support a robust public domain in WIPO?s Member States, including the possibility of preparing guidelines which could assist interested Member States in identifying subject matters that have fallen into the public domain within their respective jurisdictions.

5. WIPO shall conduct informal, open and balanced consultations, as appropriate, prior to any new norm-setting activities, through a member-driven process, promoting the participation of experts from Member States, particularly developing countries and LDCs.

6. WIPO?s norm-setting activities should be supportive of the development goals agreed within the UN system, including those contained in the Millennium Declaration.

The WIPO Secretariat, without prejudice to the outcome of Member States considerations, should address in its working documents for norm-setting activities, as appropriate and as directed by Member Sates, issues such as: a) safeguarding national implementation of intellectual property rules [b) competition c) IP-related transfer of technology) d) potential flexibilities, exceptions and limitations for Member States and e) the possibility of additional special provisions for developing countries and LDCs.

7. To consider how to better promote pro-competitive IP licensing practices, particularly with a view to fostering creativity, innovation and the transfer and dissemination of technology to interested countries, in particular developing countries and LDCs.

CLUSTER C: TECHNOLOGY TRANSFER, INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) AND ACCESS TO KNOWLEDGE

1. To include discussions on IP-related technology transfer issues within the mandate of an appropriate WIPO body.

2. WIPO should cooperate with other intergovernmental organizations to provide to developing countries, including LDCs, upon request, advice on how to gain access to and make use of IP-related information on technology, particularly in areas of special interest to the requesting parties.

3. To undertake initiatives agreed by Member States which contribute to transfer of technology to developing countries, such as requesting WIPO to facilitate better access to publicly available patent information.

4. To have within WIPO opportunity for exchange of national and regional experiences and information on the links between IP rights and competition policies.

CLUSTER D: ASSESSMENTS, EVALUATION AND IMPACT STUDIES

1. To exchange experiences on open collaborative projects such as the Human Genome Project as well as on IP models.

2. Upon request and as directed by Member States, WIPO may conduct studies on the protection of intellectual property, to identify the possible links and impacts between IP and development.

3. To strengthen WIPO?s capacity to perform objective assessments of the impact of the organization?s activities on development.

CLUSTER E: INSTITUTIONAL MATTERS INCLUDING MANDATE AND GOVERNANCE

1. To consider how to improve WIPO?s role in finding partners to fund and execute projects for IP-related assistance in a transparent and member-driven process and without prejudice to ongoing WIPO activities.

2. In accordance with WIPO?s member-driven nature as a United Nations Specialized Agency, formal and informal meetings or consultations relating to norm-setting activities in WIPO, organized by the International Bureau, upon request of the Member States, should be held primarily in Geneva, in a manner open and transparent to all Members. Where such meetings are to take place outside of Geneva, Member States shall be informed through official channels, well in advance, and consulted on the draft agenda and program.

And here are the 24 "Annex A" proposals agreed at the third session of the PCDA on 24 February 2007:

Cluster A: Technical Assistance and Capacity Building

1. WIPO technical assistance shall be, inter alia, development-
oriented, demand-driven and transparent, taking into account the
priorities and the special needs of developing countries, especially
Least Developed Countries, as well as the different levels of development of Member States and activities should include time frames for completion. In this
regard, design, delivery mechanisms and evaluation processes of
technical assistance programs should be country specific.

2. Provide valuable assistance to WIPO through donor funding, and
establish Trust-Funds or other voluntary funds within WIPO
specifically for LDCs, while continuing to accord high priority to
finance activities in Africa through budgetary and extra-budgetary
resources, to promote, inter alia, the legal, commercial, cultural,
and economic exploitation of intellectual property in these countries.

3. Increase human and financial allocation for technical assistance
programs in WIPO for promoting a, inter alia, development-oriented intellectual property culture, with an emphasis on introducing intellectual property at
different academic levels and on generating greater public awareness
of intellectual property.

4. Place particular emphasis on the needs of SMEs and institutions
dealing with scientific research and cultural industries and assist
Member States, at their request, in setting-up appropriate national
strategies in the field of intellectual property.

5. WIPO shall display general information on all technical assistance
activities on its website, and shall provide, on request from Member
States, details of specific activities, with the consent of the
Member State(s) and other recipients concerned, for which the
activity was implemented.

6. WIPO's technical assistance staff and consultants shall continue to
be neutral and accountable, by paying particular attention to the
existing Code of Ethics, and by avoiding potential conflicts of
interest. WIPO shall draw up and make widely known to the Member
States a roster of consultants for technical assistance available
with WIPO.

7. Promote measures that will help countries deal with IP-related
anti-competitive practices, by providing technical cooperation to
developing countries, especially LDCs, at their request, in order to
better understand the interface between intellectual property rights
and competition policies.

8. Request WIPO to develop agreements with research institutions and
with private enterprises with a view to facilitating the national
offices of developing countries, especially LDCs, as well as their
regional and sub-regional IP organizations to access specialized
databases for the purposes of patent searches.

9. Request WIPO to create, in coordination with Member States, a
database to match specific IP-related development needs with
available resources, thereby expanding the scope of its technical
assistance programs, aimed at bridging the digital divide.
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Cluster B: Norm Setting, Flexibilities, Public Policy and Public Domain

1. Norm setting activities shall:

- be inclusive and member driven;
- taken into account different levels of development;
- take into consideration a balance between costs and benefits;
- be a participatory process, which takes into consideration the interests and priorities of all WIPO Member States and the viewpoints of other stakeholders, including accredited inter-governmental organizations and non-governmental organizations; and
- be in line with the principle of neutrality of the WIPO Secretariat.

2. Consider the preservation of the public domain within WIPO's normative processes and deepen the analysis of the implications and benefits of a rich and accessible public domain.

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Cluster C: Technology Transfer, Information and Communication Technologies (ICT) and Access to Knowledge

1. To request WIPO, within its mandate, to expand the scope of its activities aimed at bridging the digital divide, in accordance with the outcomes of the World Summit on the Information Society (WSIS), also taking into account the significance of the Digital Solidarity Fund (DSF).

2. To explore IP-related policies and initiatives necessary to promote the transfer and dissemination of technology, to the benefit of developing countries and to take appropriate measures to enable developing countries to fully understand and benefit from different provisions, pertaining to flexibilities provided for in international agreements, as appropriate.

3. To encourage Member States, especially developed countries, to urge their research and scientific institutions to enhance cooperation and exchange with research and development institutions in developing countries, especially LDCs.

4. Facilitating IP-related aspects of ICT for growth and development: Provide for, in an appropriate WIPO body, discussions focused on the importance of IP-related aspects of ICT, and its role in economic and cultural development, with specific attention focused on assisting Member States to identify practical IP-related strategies to use ICT for economic, social and cultural development.

5. To explore supportive IP-related policies and measures Member States, especially developed countries, could adopt for promoting transfer and dissemination of technology to developing countries.

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Cluster D, Assessment, Evaluation and Impact Studies

1. To request WIPO to develop an effective yearly review and evaluation mechanism for the assessment of all its development-oriented activities, including those related to technical assistance, establishing for that purpose specific indicators and benchmarks, where appropriate.

2. With a view to assisting Member States in creating substantial national programs, to request WIPO to conduct a study on constraints to intellectual property protection in the informal economy, including the tangible costs and benefits of IP protection in particular in relation to generation of employment.

3. To request WIPO to undertake, upon request of Member States, new studies to assess the economic, social and cultural impact of the use of intellectual property systems in those States.

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Cluster E: Institutional Matters including Mandate and Governance

1. To request WIPO, within its core competencies and mission, to assist developing countries, especially African countries, in cooperation with relevant international organizations, by conducting studies on brain drain and make recommendations accordingly.

2. To request WIPO to intensify its cooperation on IP related issues with UN agencies, according to Member States' orientation, in particular UNCTAD, UNEP, WHO, UNIDO, UNESCO and other relevant international organizations, especially WTO, in order to strengthen the coordination for maximum efficiency in undertaking development programs.

3. To conduct a review of current WIPO technical assistance activities in the area of cooperation and development.

4. To enhance measures that ensure wide participation of civil society at large in WIPO activities in accordance with its criteria regarding NGO acceptance and accreditation, keeping the issue under review.

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Cluster F - Other Issues

1. To approach intellectual property enforcement in the context of broader societal interests and especially development-oriented concerns, with a view that "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 technology knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations", in accordance with Article 7 of the TRIPS Agreement.

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Provisional Committee on Proposals Related to a WIPO Development Agenda - Fourth Session

Day 5 - 15 June 2007

Notes taken by:

Gwen Hinze - gwen at eff dot org, Electronic Frontier Foundation [GH]

Teresa Hackett - teresa dot hackett at eifl dot net, Electronic Information for Libraries (eIFL) [TH]

[NOTE: This is not an official transcript. It's our best effort at
providing a faithful set of notes of the proceedings. Any errors and
omissions are unintentional and regretted.]

-=-=-=-=-
Copyright-Only Dedication (based on United States law)
Except where indicated in relation to specific text in the following
material, the person or persons who have associated their work with
this document (the "Dedicator") hereby dedicate the entire copyright in the work of
authorship identified below (the "Work") to the public domain.
Dedicator makes this dedication for the benefit of the public at large
and to the detriment of Dedicator's heirs and successors. Dedicator
intends this dedication to be an overt act of relinquishment in
perpetuity of all present and future rights under copyright law, whether
vested or contingent, in the Work. Dedicator understands that such
relinquishment of all rights includes the relinquishment of all rights
to enforce (by lawsuit or otherwise) those copyrights in the Work.
Dedicator recognizes that, once placed in the public domain, the Work
may be freely reproduced, distributed, transmitted, used, modified,
built upon, or otherwise exploited by anyone for any purpose, commercial
or non-commercial, and in any way, including by methods that have not
yet been invented or conceived.
-=-=-=-=-

[Ed note: Informal sessions were held all day on June 14, 2007. The previously- scheduled 3pm plenary did not take place.]
=-=-=-=-=-=-=-=-

Plenary recommenced 11:30 am
[Scheduled for 10 am]

Chair:
Well good morning, we have our ususal prompt start at 11:30. Yesterday's 3 pm plenary was not cancelled but deferred until this morning. There is good news. We made considerable progress yesterday afternoon.

Bangladesh obo Asian Group, reporting on Cluster C:
There was good progress on this Cluster. The Asian Group had orginally put forward 5 proposals. We dropped one because it was covered in another cluster. We have clean text on most. Out of the four, the only outstandinig proposal is number two. There is a document outside of this room [GH ed note: there was not]

With a little bit more effort we believe we will have agreement. What needs to be captured in language is WIPO needs to provide advice on areas of interest to DCs. Hopefully when negoations recommence this morning, we can have agreement.

Poland, reporting on Cluster D:

We have an agreed text on Cluster D, distributed outside the room. The agreed text which contains three proposals is considerably different from the initial draft, arising from the spirit of cooperation and goodwill in the room.

First proposal [in new document] comes from Cluster B. First proposal prepared by Poland dropped. The third prepared by Poland modified and now in proposal two. Fourth prepared by Poland split and now number 3, and second part dropped with flexibility of author. Fifth proposal dropped. That's why we have three proposals in Cluster D now.

Chairman:
Let me skip E for a few minutes

Cluster E is coordinted by Italy obo Group B, who is outside the room.

Let me make a comment on F, unless the Russian Federation wants to do so. There are two items in Cluster F and both relate to the future, which is supposed to be the substance of discussions this afternoon. We did begin discussions on Cluster F.

Russian Federation: The proposal included in cluster F were discussed and discussions still continuing.

Italy:
Thank you. Just a few words on Cluster E. Orginal draft prepared by Group B was three proposals.

First was to reinvigorate PCIPD and was moved in to Cluster F because it deals with future of the process. Other two have been discussed. Outcome of discussion is what we have in front of us. There are four options on proposal one, and some language in square brackets in proposal two, concerning the place where meetings formal and informal, to be held in future [GH: ie Geneva or not]

Concerning the first paragraph with the four options, we think that we can share some alternative language which captures the ideas contained in the options on the table.

We would be glad to find common ground and common language when you recall the restricted meeting.

Chairman: We have one outstanding proposal in Cluster C, two in Cluster E and two in Cluster F.

Two outstanding in E and two outstanding in F, and the latter will lead us into dicusssion about future. Yesterday we had 15 minute preliminary discussion on future. I indicated to plenary on Monday and again yesterday the scope of things I think we need to consider for the future.

We hope to get back to work immediately upstairs and get to work on the outstanding proposals, leading right into discussion on the future to indicate how the future work will be handled, workplan, costs, how we recommend to the General Assembly the actions in the future to deal with the remaining proposals.

We hope to finalize a document that deals with the future - what sort of body, how it will work, what proposals are ready to be worked on and how we recommend to GA to proceed.

However there is a strong committment on all sides that we will finish the work today, so that there are no proposals open for future discussion. There is determination to finish the five outstanding proposals.

The news continues to be good and I have indicated to the Conference Office that we can meet for a final plenary meeting at 5pm.

I honestly believe it could be before that, but it is better to have more time and avoid apologies on the notice board, and have a good outcome.

Unless there are comments, and I see none, we stand adjourned and Regional Coordinators upstairs.

Meeting adjourned 11:45 am

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PCDA - Fourth Session
Day 5, Final Session

Plenary reconvened at 8:50 pm

Chair:

I hope we have heard the last of that bell.

Let me thank you for all those who stayed downstairs, and for your patience while we toiled upstairs. I don't know what we would have done in your shoes.

Thank you for staying to celebrate the end off the process for our closing ceremony - our closing session. Thank you also to all our translators

We are now at item 5 of the agenda, the adoption of the draft report of the PCDA. This includes lots of information, including your interventions. You have in front of you a draft report and a recommendation. The draft report will be communicated to Missions of Member States by July 16. It will also be communicated to IGS and NGOs by the WIPO website in same timeframe, by July 16. I would ask that any comments be communicated to Secretariat by July 31. Any modifications from there will be put into report to be adopted at the resumed PCDA on September 4. That will be a short meeting. It will just adopt that report.

Now I move to item 6, adoption of draft report and recommendation to the GA, now in front of you. The draft report was prepared outside. The sense of finality of our mission is reason for the length of time of discussion. We have all worked hard over these last 3 years and wanted the document to communicate the same spirit and sense and expectation of the process for the last 3 years.

The draft report refers to a para x, which will become a number in the report of PCDA/4 communicated to you on July 16.

You will note that the draft report to the GA, in the back, in penultimate line, states: "No agreement was reached on proposals in Annex 2" Let me confirm that we have reached agreement on all the clusters. That is wrong and will be amended. Thank you to Italy for drawing it to our attention. As you know we prepare some of these documents in advance.

There is no Cluster F because the proposals in it have been dealt with in the recommendation of the PCDA to GA (ie the creation of a new committee and that PCIPD will cease to exist).

In the report of the fourth session, we are asking the pCDA to approve the continuation of some discussions in order for us to arrive at the identification of those agreed proposals that can be implemented early. I ask the Sec to read the text of that paragraph.

You will also see that the recommendation also asks the GA to have the new committee on development and intellectual property agree on those proposals that can be implemented immediately.

WIPO Secretariat:

We do have a draft para to be inserted in item 6 in draft PCDA 4 report. (He reads it)

In light of the interests in the Member States to accelerate the discussion, the PCDA recommendation asks the new committee by June and September 2007, to identify by consensus those proposals that can be implemented immediately if the PCDA's recommendation is approved by the General Assembly.

Chair:

The Annex will include both the proposals from Annex A (24 from February) and those from Annex B (21 agreed this week).

I hope that makes things clear. Any need for clarification before we move to the Closing Session?

I am reminded that this Session will not be closed, but suspended until September 4, when the report will be finally adopted and then this session will become closed. And if everything is agreed by the GA, this will be the final session of the PCDA.

My good friend from Russia.

Russian Federation: We agree with the proposal that you have just put to us. We would like to raise the issue that all the documents distributed this week will be translated into Russian and all the other languages.

Chair: yes confirmed that that will be done.

Now we move to the Closing Session. And as with all things in life there is need for balance. There is need for lengthy commendation of the achievement of today. But there is also need for us to get home and have a shower and some dinner. You have waited so long so there is a need to say what you need to do. But please remember the translators.

I want to thank Brazil and Argentina for initiating these discussions, and for the countries that supported them. I also want to thank Group B - there are lots of things to say. We have had some interesting moments upstairs, but Group B has demonstrated lots of flexibility upstairs, as did the Group of Friends of Development. It was the flexibility of those two groups that allowed us to have this achievement. I think I played a role. I put forward some suggestions for text that lasted about 10 minutes. So I think I played a small role.

I always give you my golfing story. Just because the last shot went well, it doesn't mean that next will. Now we have to work on implementation.

My next comment is that IP is complex and becoming more and more so, and will only become so in global context. So I congratulate you on what you have achieved in this context.

I would not have survived without help, and my help on my right, are reminding me to thank all the Regional Coordinators.

The floor is now open.

Algeria:

Thank you. As you said, for every beginning there is also an end, and perhaps the best endings are the most successful ones. The AG welcomes the positive results and we hope that they continue to implement the results. We want to thank you Mr. Chair for your effort, your open-mindedness and expertise that allowed us to reach these conclusions. We want to thank my colleagues for their flexibility and cooperation that they have shown this week. We also want to thank the Secretariat for efforts and the translators, for staying until this late hour.

The African Group throughout negotiations on Development Agenda has tried to be constructive and helpful. We became the bridge. We think that the recommendation will make WIPO be effective. We ask all our partners to work with same enthusiasm and commitment to achieve good outcome in implementation.

Barbados:

Today is a significant day in the history of WIPO. It marks the point of success of a process that was begun 3 years ago. Could not have been done without, inter alia, your assistance Mr. Chair.

Bangladesh:

Mr. Chair, I believe I speak for all members of the Asian Group in saying that we are satisfied with the outcome of the negotiations and recommendations. We not only have an agreed set of proposals, but also recommendations for their implementation.

Our Group thank you Mr. Chair, our colleagues, the WIPO IB Secretariat and all WIPO staff supporting this, interpreters who have stayed to help us and Director General for his commitment to this process. Would also like to take this opportunity to thank India and Singapore for organizing two very successful meetings that succeeded in guiding our work.

Thanks also to the Asia Group members for their support. Look forward to GA and hopes that effective implementation of recommendations will be approved.

Russian Federation:
May our Regional Group also join the congratulations expressed here. Truly because of your skilful guidance that we have succeeded in achieving the proposals we have before us. We thank WIPO Secretariat, and all who have guided our work, interpreters, and thank other Regional Groups for their patience, and intense endeavors to arrive at acceptable results.

Italy:

I want to express gratitude of all Group B members for allowing us to achieve this good result. No good stone unturned. After positive meeting in February, everyone thought that June meeting on 71 proposals would be difficult but have had positive outcome. We hope that positive results achieved here will spread to other parts of WIPO.

Thanks to all Group B members who supported me and David (US) in a very tough negotiation.

Poland on behalf of the Group of Central European, Caucasus, and Baltic States:

Congratulations to Chair on skilful leadership that allowed us to reach final step in negotiations. Thank fellow RCs, other negotiators, those waiting downstairs, WIPO Secretariat and all WIPO staff, translators waiting for us.

China:

Under your leadership Mr. Chair we have reached this great conclusion. It is thanks to your great expertise, leadership skills that we have reached this great success. Thanks also to WIPO Secretariat, Member States and Regional Groups for their candor, cooperation and inclusiveness and the patience and flexibility shown during negotiations. Want to thank governments of India and Singapore for contributing to the advancement of smooth discussions of Development Agenda. Thank all parties working on principle of agreeing on major issues, leaving aside differences on language, looking forward to working cooperatively with all delegations on this.

Sudan:

Thank you Mr. Chair for your patience and efforts during this session, and particularly the Regional coordinators of the African Group. We are pleased at this positive outcome after the initial failure and obstacles that we encountered. We hope that this momentum flows into our future work.

Morocco:

The journey was long and hard. Thank you for Chair's results-oriented approach. Results could not have been reached without flexibility and cooperation of Member States. Real test is results the program achieves.

Thanks also to all Members of the African Group and to Mr. Busman Sari, the former coordinator of the African Group.

India:

Thanks to Chair, Mr. Sheriff Abdullah and Mr. Pushpin Ray from the WIPO Secretariat, and my other colleagues who thanked India for its leadership.

Italy's comment re maintaining status quo.

Argentina:

This is a particularly important milestone as others have said. We initially put forward a proposal in 2004 but the underground work went on for quite some time before then.

Would like to thank all Group of Friends of Development individually who have maintained their ambition and resolve over these years. Thanks Chair for your work, which was very important to our outcome, commend work from colleagues and Member States and other institutions that have accompanied us today, and the interpreters.

Chair: Let me thank all of you, anyone I did not name. I want to recognize the NGOs - I want you to know that we value your contribution. And also the interpreters.

And now the meeting is adjourned.

9:38 pm

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