[A2k] IFLA statement at IIM

Wed Apr 13 13:37:02 2005

Sent on behalf of Barbara Stratton, IFLA

Teresa
-------------

 STATEMENT BY IFLA/FIAB

The International Federation of Library Associations and Institutions

Federation Internationale des Associations Bibliothecaires

INTER-SESSIONAL INTERGOVERNMENTAL MEETING

ON A DEVELOPMENT AGENDA FOR WIPO

FIRST SESSION

GENEVA, April 11-13, 2005

Mr Chairman, IFLA extends its congratulations to you and the
Vice-Chairman upon your election and wishes you all success in the task
ahead.

IFLA, the International Federation of Library Associations and
Institutions represents the interests of libraries and information
services as well as the users of such services throughout the world. We
wish to associate our intervention with that of Electronic Information
for Libraries (eIFL) which works in developing countries and the two
statements are complementary.

As the =E2=80=98peoples=E2=80=99 universities=E2=80=99 and =E2=80=98idea st=
ores=E2=80=99 libraries are an
essential component in providing access to knowledge and learning which
fosters a creative and democratic society, enabling nations and
individual citizens to develop. As the gateways to information and
powerhouses of knowledge open to the ordinary citizen, it is in
libraries that most users encounter intellectual property rights.  If
these are not properly balanced against user exceptions and rights, IPRs
form barriers to further creativity and development.

Libraries are the interface between rightsholders and users in the
management of IPRs and they seek to see fair play for both. As evidenced
by the most developed nations, a strong library infrastructure is
essential to a nation=E2=80=99s development. Such an infrastructure needs t=
o go
hand in hand with the protection, or even the enhancement, of the
limitations and exceptions to copyright so that the public interest is
served. In this regard IFLA would support proposals for an Access to
Knowledge Treaty.

IFLA welcomes the opportunity to discuss the important issues that have
been raised by the Member States of WIPO. These issues have serious
implications for education, libraries and other information providers,
and above all their users.  Given that our work is in providing people
with access to information, copyright issues are our major concern and
we believe that copyright is a core part of the discussions on
integrating the development agenda into WIPO=E2=80=99s work because the ero=
sion
of access to knowledge through over restrictive copyright laws has the
effect of sabotaging development. This is particularly relevant to the
digital environment. Indeed, with regard to the potential of the
internet as a tool for development the Executive Summary and the main
Report of the UK=E2=80=99s Commission on Intellectual Property Rights[1]
<#_ftn1>, which has been much lauded by delegations to this meeting,
recommends that =E2=80=9CDeveloping countries should think very carefully b=
efore
joining the WIPO Copyright Treaty. Countries should also not follow the
lead of the US and the EU by implementing legislation on the lines of
the DMCA or the Database Directive.=E2=80=9D

In particular we wish to draw to your attention the following issues:

   * The growing imbalance of intellectual property laws in favour of
     rights holders and to the detriment of users, resulting in
     constant erosion of exceptions and limitations
   * The monopolisation of information via restrictive intellectual
     property rules in both the print and digital environments
   * The inhibitive effect of copyright laws on the development of new
     technology where the technology in question has substantial
     non-infringing uses
   * There is constant pressure towards increasing the term of
     copyright protection ever upwards in the name of harmonisation.
     This has resulted in the shrinking of the public domain and a
     subsequent negative impact on education, research and creativity.
     Copyright is supposed to foster creativity but over protection
     actually stifles it. This applies in both developed and developing
     countries, but the latter rely more on works in the public domain
     as they have fewer resources with which to buy access to protected
     works.
   * Technological protection measures which override fair use
     applications and create serious barriers to accessing information
     and the promotion of research and innovation.
   * The chasm between the digitally advanced and the digitally
     deprived is widening. Current copyright rules foster the
     dependence of developing countries on developed countries

=C2=B7        Free Trade Agreements =E2=80=93 Currently some developed coun=
tries are
imposing unnecessarily stricter copyright laws on their free trade
partners in excess of the requirements of the Berne Convention and the
TRIPS Agreement. WIPO and the WTO need to work together for a new
approach to intellectual property.

IFLA supports the recommendations of the Friends of Development group of
Member States, in particular the need to review the WIPO Mandate and
Governance, the promotion of pro-development norm setting including the
recognition of different countries=E2=80=99 levels of technological, econom=
ic
and social development and also the recognition of the rights of
different stakeholder groups and the citizen as users of IP, and the
development of supportive IP and trade policies by industrialised countries=
.

We believe that adoption of the development agenda throughout WIPO=E2=80=99=
s
work would bring WIPO on board with other international organisations
and enhance its position amongst NGOs and other stakeholders working in
this field, producing effective and beneficial partnerships. The NGOs
have a lot of expertise to contribute to WIPO and are willing to do so.
We trust that the adoption of the Development Agenda by Member States
will foster closer and more open working practices and partnerships
between WIPO and the NGOs.

------------------------------------------------------------------------

[1] <#_ftnref1> Integrating Intellectual Property Rights and Development
Policy. Report of the Commission on Intellectual Property Rights.
London, 2002. p121 and Executive Summary p14.

END

--
Teresa Hackett
Project Manager, eIFL-IP
Email: teresa.hackett@eifl.net
Mobile: +353 87 625 3768
Web: www.eifl.net
Electronic Information for Libraries
in transition & developing countries
--

--
Teresa Hackett
Project Manager, eIFL-IP
Email: teresa.hackett@eifl.net
Mobile: +353 87 625 3768
Web: www.eifl.net
Electronic Information for Libraries
in transition & developing countries
--