[A2k] IMMF Statement to the Inter-Sessional Intergovernmental Meeting on the WIPO Development Agenda

[Nick Ashton-Hart]

We would like to start by congratulating you, Mr. Chairman and your
Vice-Chair on your election, and also for the opportunity to speak in
this most important debate. We would also like to thank the WIPO
Secretariat for their substantial efforts to support the important work
of this meeting.

Mr. Chairman, the International Music Managers Forum=92s members are
probably the only stakeholder in the music industry who interact with
all parts of the copyright system worldwide on a daily basis in their
work as the exclusive representatives of their featured performer and
composer clients. As a consequence, we are very aware of the fact that
at a practical level, there is no country in the world where the balance
intended to exist in the copyright system is realised. Even in the most
developed countries, important imbalances as and between the parties are
a fact of life =96 despite more than a century (and in some cases several
centuries) of juridical development to reach the intended balance. How
then, Mr. Chairman, can countries which are even as we speak in the
process of implementing IP protections for the first time be expected to
do so without considerable care and deliberation, and without a great
deal of thought about how to do so in their differing socio-economic and
development contexts?

Sadly, Mr. Chairman, public policy and debate in respect of copyright
(indeed in IP generally) is all too often, we believe, focussed more on
enforcement of the rights controlled by the largest commercial concerns
instead of on the enhancement of diversity of available cultural and
intellectual outputs and of increasing the number of creative people who
can make a living from their genius, and the corresponding development
of small and medium-sized enterprises to commercialise those works.
Perhaps the most visible example of the lack of balance in favour of
large commercial interests is in regards to public health issues and,
inter alia, affordable access to essential medications and the relative
lack of development of medications for diseases primarily affecting
those living in developing countries. Closer to our direct experience,
Mr. Chairman, we can unfortunately note that even in the most developed
countries, with the most sophisticated electronic communications
infrastructures, the stakeholders in the music sector are far from
agreeing on, let alone implementing, the most efficient mechanisms to
provide the music the world loves to the public in the Digital Age
whilst assuring that those who create it are equitably compensated for
their work. Access to knowledge and fair use, in the largest sense,
should be at the centre of any debate about IP. Again, sadly, this is
all too often not the case.

As those of us who use computers know, Mr. Chairman, a computer or
network of computers works best when you do not notice that it is
working at all. Similarly, we would submit the idea that the copyright
system, indeed the IP system, if working well and in balance, would be
notable by the lack of comment upon it and it=92s effects and workings. If
that is the case, Mr. Chairman, then we all have our work cut out for
us.

We submit for consideration, Mr. Chairman, that we all have much to gain
from an open-minded, constructive, sustained, and focussed effort to
ensure that the needs of developing countries are always an integral
part of the work of WIPO, and further that we all =96 Member States, NGOs,
and WIPO itself =96 have an obligation to the present and the future to
engage in such a process, and to ensure that it is successful. There is
too much at stake to do otherwise =96  as there are literally life and
death issues in some areas of IP policy.
Mr. Chairman, we believe that a development agenda is something which
can benefit all countries, not just developing countries and LDCs =96 we
can all learn from one another, and in doing so hope to more fully
implement best practices in developing the world=92s systems for
recognising and incentivising creativity. Indeed, this is an area in
which the IMMF believes WIPO=92s activities could and should be expanded -
in providing a mechanism for the recognition of, and technology transfer
programmes for the dissemination of, best practices for, inter alia, the
management and development of processes and systems for IP. This should
facilitate a greater contribution from IP =96 particularly for developing
countries. As a member-driven organisation, Mr. Chairman, we hope that
member states will strongly consider asking WIPO to increase its
activities in this area. We also hope that the work being done at WIPO
in respect of traditional knowledge and folklore =96 upon which all modern
cultural expression is based, in one way or another, after all =96 is
particularly valuable and we hope will gain momentum.

To sum up, we would submit that just as all states have creative and
innovative people, culture, and ideas to offer the world, all states
will have something constructive to provide to others in the processes
of recognition of those creative people; conversely, we would, with the
greatest respect, suggest that there is no party with a monopoly on
answers to any of the questions that face all of us in the modern IP
age. We suggest, Mr. Chairman, that as much creativity and innovation
should be applied to the development of international intellectual
property norms as those norms are themselves designed to encourage. We
would hope that these last three points are such that all parties to
this discussion can agree on them.

We hope that the effort that has begun here proceeds for the benefit of
all for a long time to come.

Thank you once again Mr. Chairman.



Regards,

Nick Ashton-Hart
Executive Director
International Music Managers Forum (IMMF)
1 York Street
London W1U 6PA
Main Tel: +44 (20) 7935-2446
Main Fax: +44 (20) 7486-6045
Direct Tel: +44 (20) 8800-1011
Direct Fax: +44 (20) 7681-3135
Email: nicka@immf.net
Internet: http://www.immf.net
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