Karin Ferriter, the IP attache to the World Trade Organization, had particularly sharp words for non-governmental organisations operating in Geneva, where she said there a “number of people working to undermine IP.”

Such opponents are “heavily populated” in Geneva but not typically found in the capitals, she said. She referred to a recent trip she had to Cameroon, where, she said, government officials were “true believers” and want better quality products through IP rights.

“People in Geneva are misinformed by the NGO community to devalue IP,” Ferriter said. And the job of the IP attaches is to remind them of the importance of IP and a strong IP system.

“Unfortunately,” she said, NGOs “are working just as much as possible to weaken the IP system.” There is a disconnect, Ferriter said, “but that’s where we come in, to help them see the value of it.”

Todd Reves, the IP attache to the UN in Geneva, particularly the World Intellectual Property Organization, concurred with Ferriter. He said in Geneva, it is often a case of “the wrong people talking to the right people.” Some diplomats there are not IP experts, and some are given more flexibility to act on their government’s behalf, so they are “more susceptible” to the messages of the NGOs. “They may be hearing the wrong message,” he said.

Reves summed up: “We’re trying to change the view that IP is bad to IP is good.” He mentioned an enterprise forum that is in the works for the 2013 WIPO General Assembly next October, at which companies will highlight the advantages of IP rights. He said that while “the jury is still out,” he is optimistic that five years from now the debate in Geneva will turn more pro-IP.

This morning, under agenda item 6, the WIPO General Assemblies decided to defer a decision until 2013 on the application for accreditation by Pirate Parties International. I was told that the US, Switzerland the France raised objections in the informal consultations, and that some other European countries wanted to raise objections, but found it awkward given the recent success of domestic Pirate Parties in national elections. The USA said it asked for a hold on the decision until WIPO could decide if it wanted to accept political parties as WIPO observers. One delegate said European countries were concerned that the Pirate Parties would take "political action" back home when they disagreed with positions taken by the official delegates at the WIPO meetings.

KEI's view is that the decision to block the Pirate Parties International application made WIPO look even more captured by right holders than it actually is. To the extent that intellectual property rights issues become seen as political rather than simply technical matters, it may be possible to have broader, deeper and more useful debates on the purpose and performance of the intellectual property rights system. Why? Because many of the technical staff at the government levels are caught up in a system where responsiveness to right-holder interests is key to promotions or job retention, and the robust revolving door with industry creates incentives to be anti-consumer.

“If the NGO’s application falls within a plain wording of the rules and regulations defining what NGOs may be accredited, then the application should be granted,” he said. “From our perspective, what harm can there be for the secretariat of a political party to be an observer at WIPO? If anything, it seems to us this will lead to a better understanding by that secretariat of the international dimension of IP public policy, which is no bad thing.”