[A2k] CSC statement to the 3rd WIPO IIM

[Thiru Balasubramaniam]

Civil Society Coalition Statement to the Third Inter-Sessional
Intergovernmental Meeting on the WIPO Development Agenda


July 21, 2005

Thank you Mr Chairman. We welcome your re-election to the chair.

The Civil Society Coalition (CSC) is a network of over 25 public
interest NGOs of varying sizes and interests. Currently, the members of
CSC are headquartered in more than twelve developed and developing
countries, and include groups that are working in areas such as public
health, agriculture, the development of free software, trademarks and
domain names, copyright policy, the protection of non-copyrighted
elements of databases, traditional knowledge, folklore and access to
genetic resources.

The CSC supports the proposals of the Group of Friends of Development
(FoD), to make fundamental changes in WIPO in order to integrate the
development dimension into its mission and activities, consistent with
the WIPO agreement with the United Nations to accelerate economic,
social and cultural development, by promoting creative intellectual
activity and facilitate the transfer of technology related to industrial
property to the developing countries.

The original Development Agenda proposal tabled in September 2004 noted
that the establishment of a treaty on access to knowledge and technology
as a possible mechanism to ensure an effective transfer of technology to
developing countries. The elaboration of the Development Agenda
submitted by the FoD on April 6, 2005 to WIPO further emphasized that in

=93order to ensure the credibility of the IP system . . . more has to be
done in order to ensure that peoples all over the world have access to
knowledge and technological development.=94


There is an emergent consensus among many nations on the need for new
initiatives to promote access to knowledge as evidenced in the
recommendation put forth by the 130 Heads of State and Governments of
the G-77 countries and China, which met at the Second South Summit in
Doha, Qatar in June 2005. This recommendation called upon WIPO to
=93include in all its future plans and activities including legal advice a
development dimension that includes promoting development and access to
knowledge for all.=94

The broad constituency of stakeholders that supports the elaboration of
a possible treaty on access to knowledge include groups representing
librarians, educators, blind people and the visually impaired,
scientists, academic scholars, development groups, consumer
organizations, free software advocates, public interest civil society
groups, governments and innovative corporations.

An access to knowledge (a2k) treaty should protect, enhance and expand
access to knowledge, and to facilitate the transfer of technology to
developing countries.

The elaboration of possible elements of a treaty should focus on several
issues, including for example:

1) provisions regarding limitations and exceptions to copyright and
related rights, including but not limited to:

a. Minimum limitations and exceptions to copyrights, such as those
related to

i. distance education,
ii. rights of persons with disabilities
iii. the first sale doctrine for library use,
iv. minimum limitations on liability for internet service providers (ISPs)
v. regulation of digital rights management and measures regarding
circumvention of technological protection measures, in order to ensure
traditional rights of consumers, educators and others,
vi. measures to provide access to orphan works,
vii. limits on the term of protection for copyright and related rights,
viii. and updated version of the Berne Appendix that takes into account
new technologies,

2) provisions regarding initiatives to promote cooperation and
investment in open access databases and scientific journals, free
software, expanded access to government funded research, archives of
public broadcasting, and other projects that expand the knowledge commons,

3) Measures to facilitate the development of open standards, including
those that are essential for free software and essential knowledge goods,

4) Agreements to ensure that patents rights do not inhibit certain
research experimental uses, practical measures to ensure the
implementation of Paragraph 4 of the Doha Declaration on TRIPS and
Public Health, and

5) Cooperation to implement Article 40 of the TRIPS, concerning the
control of anticompetitive practices.


The elements of a possible treaty on access to knowledge could be
discussed in existing committees such as the Standing Committee on
Copyright and Related Rights (SCCR) and the Standing Committee on the
Law of Patents (SCP).