| ## ITEM 18 OF THE CONSOLIDATED AGENDA: DRAFT AGENDAS OF THE 1999 ORDINARY SESSIONS OF THE WIPO GENERAL ASSEMBLY, THE WIPO CONFERENCE, THE PARIS UNION ASSEMBLY AND THE BERNE UNION ASSEMBLY |

163. The meeting of the Coordination Committee was chaired by Mr. Leo J. Palma, Vice-Chair of the Committee (Philippines), in the absence of the Chair of the Coordination Committee.

164. Discussions were based on document A/33/5.

165. The Delegation of Mexico stated, on behalf of the Latin American and Caribbean Group, that his group approved the draft Agendas as proposed in document A/33/5, and on the subject of constitutional reform which was covered in the four annexes. The Delegation thanked the Secretariat, on behalf of the Latin American and Caribbean Group, for the presentation of document A/33/3 on constitutional reform, which it found to be an interesting document and which would be used as `food for thought' in their capitals. It further stated that the said document was a document required to be studied with great care, although it considered that it had been submitted by the Secretariat at the appropriate time. It suggested that the Secretariat call for comments, in writing, from the Member States and on the general issue of constitutional reform. The Latin American and Caribbean Group wished to have time to study the issue in depth and become acquainted with the views of other States. It suggested that the Secretariat prepare, for next year, a document as an addendum to document A/33/3, which would contain the information received over the next few months. During the next Assembly, a more informed and detailed discussion could be conducted.

166. Following the intervention by the Mexican Delegation, the Vice-Chair proposed that, as a result of the approval earlier of agenda item 8 "Policies and Practices for the Nomination and Appointment of Directors General," a new agenda item should be inserted reading "amendment to Article 9.3 of the WIPO Convention" in Annex II attached to document A/33/5, between the Program and Budget for 2000 to 2001 and Constitutional Reform.

167. The Delegation of South Africa stated that it also wished to have the above item included, as well as that of Constitutional Reforms, otherwise it endorsed the proposals of the Director General in document A/33/5, and concurred with the proposal of the Chair.

168. The Delegation of the Netherlands, speaking on behalf of Group B, stated that the amendment as proposed by the Vice-Chair seemed to follow logically from what had been adopted on Agenda item 8 and stated that it should instead read "proposal for amendment of Article 9.3 of the WIPO Convention" so as to carefully delineate what exactly should be discussed next year on this agenda item. Regarding constitutional reform, the Delegation said that since the Assembly took note of a document submitted by the Secretariat, it was its original preference to delete it from the Agenda, on the understanding that if the need arose the item could be reintroduced. Group B was of the view that the item of Constitutional Reform needed thorough thought and consideration in the capitals, that consideration would undoubtedly take place, and was already taking place, and that it regarded the memorandum by the Secretariat as an input for consideration, as there might be other inputs. However, it would have no objection if the Secretariat circulated any contributions that Member States might make for consideration. The Delegation did not wish to see Member States' contributions as an Annex to the present document, and assumed that document A/33/3 would be re-presented next year, perhaps with deletions of the parts concerning the mandates of the Director General, because that subject had been treated separately.

169. The Director General stated that he did not feel that there was a difference of opinion on the substance of the initiative, and using the words of the distinguished representatives of Mexico and the Netherlands, it was true that the intention of the Secretariat was to have this initiative as "food for thought," and perhaps "food beyond thought." It was, however, not the intention to take any firm decision at this point. The proposal to seek comments of the capitals was a good initiative, and the Secretariat would certainly encourage this trend in keeping with the spirit of transparency. He also informed the Delegations that henceforth and until the Assemblies next year, there would be a series of consultations during which many dynamics of this initiative would be clarified with various regional groups and their leaders. He did not consider it timely for the Assemblies to discuss the fine details on whether the comments of States would be annexed to next year's document. The most important thing for the Secretariat was to know whether the item was to be retained on the Agenda, so that consultations could be continued and inputs could be sought from Member States in writing.

170. The Delegation of Mexico thanked the Director General for his remarks and expressed its concurrence. However, with regard to the suggestion made by the Delegation of the Netherlands, to use the word "proposal" for the amendment, it considered it appropriate to use the term "amendment to Article 9.3 of the WIPO Convention" to conform with the decision made by the General Assembly. This clearly reflected the progress made and the consensus reached.

171. The Delegation of South Africa, on behalf of the African Group, concurred with the Mexican proposal.

172. The Delegation of Germany stated that it joined the emerging consensus on the issue of constitutional reform and to include it as an Agenda item for next year. It also expressed the hope that the issue regarding a unitary contribution system, and the introduction of new classes for membership contributions would be formalized and legalized by making the necessary changes to the underlying financial provisions of the various Conventions.

173. The Delegation of the Netherlands stated that, on the new agenda item to be introduced, it agreed to delete the words "proposal for." On the item concerning Constitutional Reform, the delegation thanked the Director General for his comments. The Delegation noted the Director General's intention to consult with Member States on the approach to be taken, and suggested that rather than holding consultations, there should be an open exchange of views as no mandate for formal consultations had been given.

174. The Delegation of India endorsed the recommendations made by the Mexican, South African and Netherlands delegations. It particularly wished to compliment the Director General for the constructive stand taken on constitutional reforms.

175. The WIPO Coordination Committee adopted Annexes I and II, with revisions as reflected in paragraph 166 above, the Paris Union Executive Committee adopted Annex III, and the Berne Union Executive Committee adopted Annex IV of document A/33/5.