The Decision of the General Assembly: WIPO will continue to support Ukraine in restoring and rebuilding the IP ecosystem, innovation and creative sectors

In lengthy and exhausting discussions and despite the significant resistance of russia and its supporters, the General Assembly of the World Intellectual Property Organisation (WIPO) has decided to continue providing assistance and support to the innovative and creative sectors and the IP system of Ukraine.

On 15 July 2024, the plenary session of the 65th series of meetings of the Assemblies of the WIPO member states was devoted to the issue of support for Ukraine and the negative impact of russia’s war of aggression.

The Report on the Assistance and Support for Ukraine`s Innovation and Creativity sector and IP system was presented by WIPO Director General Daren Tang and Director of the Division for Transition and Developed Countries (TDC) WIPO Habip Asan.

The WIPO leadership reported on support measures, development projects and strengthening close cooperation with both Ukrainian officials and a wide range of stakeholders in the national IP sphere. We also drew attention to the positive results of joint work within the framework of the development of the National IP Strategy, National IP & Innovation Hub, IP Academy projects and the TISC network, etc.

WIPO will continue to identify working closely with the Government of Ukraine those areas where support is most needed and to provide concrete benefits to innovators, creators and members of the IP community in Ukraine. We will also focus on recovery so that Ukraine’s innovative and creative ecosystems are ready to support rebuilding efforts and the revitalization of the country’s economy. I have stated before and I will say it again: peace is essential for innovation and creativity to thrive. Let us hope that peace soon return to Ukraine," said Daren Tang.

Statement of the Ukrainian Government Delegation

While delivering the statement, Olena Orliuk, Director of the Ukrainian IP office, speaking on behalf of the entire national intellectual property and innovation community, expressed her gratitude to the leadership and Secretariat of WIPO and all WIPO member states, which demonstrate the best examples of solidarity and support for Ukraine in this extremely difficult time of russian aggression. These commitments of member states demonstrate to the global IЗ community our strength in the face of the greatest challenges.

Ukraine has repeatedly stated on various international platforms, both at the United Nations and within WIPO, the consequences of Russia's war of aggression against Ukraine have reached a global scale and have long gone beyond not only the regional but also the continental level," said Olena Orliuk.

Although this year’s World IP Day was dedicated to the Sustainable Development Goals – problems of global security, food, energy, environmental and even nuclear crisis – the russian federation’s aggression against Ukraine has given a completely new meaning to the values of sustainable development.

Ukraine is the first country in the world to collect evidence of ecocide. russian aggression undermines our collective fight against the climate crisis. Ukraine is suffering from the most destructive form of russia's vision of energy as a weapon. They have destroyed almost all of Ukraine's thermal power generation. This has a huge impact on our IP Office's ability to work and support national stakeholders. We are already working on a generator for 10 to 16 hours a day", – stated the Director of the Ukrainian IP office.

What the Ukrainian delegation called on

The Director of the IP office also recalled how russia once again despised international principles and demonstrated disrespect for the entire IP community. Last week, russia registered the designation “Melitopol Cherry”, which is a Ukrainian geographical indication from 2020.

On behalf of the Ukrainian government delegation, Olena Orliuk asked the WIPO International Bureau to take all necessary practical measures to prevent the abuse of WIPO platforms in accordance with UN resolutions on the territorial integrity of Ukraine.

She called for the only possible effective response to russia’s brutal actions:

close the WIPO External Office in moscow;
suspend funding of any WIPO projects for russia;
cease cooperation with russian officials and press them to immediately stop using the intellectual property, platforms and resources of WIPO to legitimise their illegal occupation of Ukraine's territories;
continue support and assist measures for Ukraine with constant monitoring of their implementation.

Only through unity and courage in the face of this threat can we achieve the high goals and mission of this Organization, for the threat posed by the Russian Federation has long become a global concern.

The following Member States made their statements in support of Ukraine and WIPO activities according to the presented Report:

Moldova on behalf of the Group of Central European and BalticStates (CEBS, which includes Ukraine),
The Netherlands on behalf of Group B,
Hungary on behalf of the EU member states,
as well as the United Kingdom, USA, Portugal, France, Japan, Canada, Germany, Norway, the Netherlands, Poland, Switzerland, Australia, Italy, Korea, New Zealand, Denmark, Lithuania, Albania, Luxembourg, Monaco, Latvia, Czech Republic, Estonia, Austria, Spain, Croatia, Belgium, Slovenia.

Support for the civilised world and resistance to Russia

The delegation of Moldova on behalf of the CEBS Group and the delegation of the Netherlands on behalf of Group B made a joint proposal to the draft of a new decision to support and assist the innovation, creativity and IP sector of Ukraine (Document A/65/8).

The joint proposal is to take note of the Report on assistance and support of Ukraine in view of the continued negative impacts of the ongoing war on Ukraine's innovation and creativity sector and IP system and to request the International Bureau:

to continue close cooperation with Ukraine to ensure its ongoing support and assistance to the creators, innovators, and members of the IP community, focusing on mitigating the adverse effects of the war and rebuilding an innovative and creative ecosystem in Ukraine that benefits all stakeholders and strengthens the country’s economy;
provide an updated assessment of the medium and long-term impacts of the war on Ukraine’s innovation and creativity sector and ecosystem;
to take steps to ensure that publications on WIPO resources and platforms comply with the principles of sovereignty, independence, and territorial integrity of Ukraine within its internationally recognized borders;
to report on the implementation of this decision and other relevant activities at the 2025 WIPO Assemblies, and annually thereafter.

During the discussion of this project, representatives of many countries around the globe expressed in favor of supporting the Ukrainian IP sphere and confirmed full solidarity with the Ukrainian people. The IP system of Ukraine is not broken, on the contrary – it showed unprecedented resilience. But it has suffered and continues to suffer heavy losses. Accordingly, the delegations announced the further support of Ukraine and the IP sphere, innovative and creative sectors as long as needed.

At the same time, russia made an alternative proposal – the WIPO Report to take into account, but not to support it, shifting the consideration of this issue to one of the WIPO working committees. This proposal was supported by Belarus and other supporters of neglect of international law.

Since consensus during informal consultations and discussions in the meeting room on this issue failed, WIPO for the third time resorted to atypical practice – voting, which ended around midnight on July 15, 2024.

This proposal was made by the Permanent Representative of Ukraine to the UN Office and other International Organizations in Geneva Yevheniia Filipenko. On behalf of the delegation of Ukraine, she requested to roll-call vote on the joint proposal of the CEBS Group and Group B and shared the following reservations:

The aggressor state has neither the legal nor moral right to submit any proposals to help and support the Ukrainian sector of innovation and creativity, the system of intellectual property, when it has been deliberately and tirelessly destroying it for 29 months, including through the occupation and expropriation of Ukrainian assets and intellectual property.

According to Yevheniia Filipenko, the only proposal of this delegation, which Ukraine can support, is the proposal of the immediate, complete and unconditional withdrawal of all armed forces from the territory of Ukraine within its internationally recognised borders and a return to respect for international law and WIPO principles.

She called on delegates to reaffirm their country’s true commitment to WIPO and the principles of the UN Charter and international law, which are fundamental not only for the work of WIPO, but also for the existence of all its member states.

Results of voting

According to the results of the vote, 64 countries voted “in favour” of the joint proposal of the CEBS Group and Group B, 11 countries voted “against”.

Thus, the General Assembly expressed its consistent support for Ukraine, as it was in 2023 and 2022, and provided practical tools for further counteraction to Russia’s legitimisation of its illegal temporary occupation of the territories of Ukraine within the framework of WIPO.

The WIPO International Bureau reaffirmed its commitment to close cooperation with Ukraine and its intention to continue to provide comprehensive support and assistance to the innovative and creative sector and the intellectual property system of Ukraine in order to restore the IP ecosystem and strengthen the country’s economy.

Welcoming the decision of the WIPO General Assembly, Yevheniia Filipenko thanked all those delegations who supported the important mission of WIPO, the UN Charter and the victims of russian aggression.

“Today we have confirmed together that the WIPO mission is important for all of us,” summed up the Permanent Representative of Ukraine to the UN Office and other International Organizations in Geneva.

Recall that the Ukrainian delegation on the sidelines of the WIPO General Assembly is represented by:

Vitaliy Kindrativ, Deputy Minister of Economy of Ukraine;
Yevheniia Filipenko, Permanent Representative of Ukraine to the UN Office and other international organisations in Geneva;
Ramiz Ramazanov, Advisor of the Economic Department of Permanent Mission;
Olena Orliuk, Director of the Ukrainian IP Office;
Bogdan Paduchak, First Deputy Director of IP Office;
Vladyslav Bilotskyi, Deputy Director of IP Office;
Inna Dmytrenko, Head of Unit of Cooperation with National and International Institutions in Intellectual Property Sphere of the Ministry of Economy of Ukraine;
Andriy Anisimov, Counsellor of General Director of UIIP.

Read other news from the WIPO General Assembly:

16 July 2024