[A2k] On behalf of Barbara Stratton: IFLA intervention at IIM2

[Teresa Hackett (eIFL)]

I am sending this message on behalf of Barbara Stratton, who still
cannot post messages to the list (although receiving them ok). Grateful
if the list manager can re-take contact with Barbara to finally resolve
the problem. Thanks!

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This is the IFLA intervention at WIPO IIM2. A longer printed statement
was prepared for delegates.

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INTERVENTION BY IFLA
The International Federation of Library Associations and Institutions
(Federation Internationale des Associations Bibliothecaires)
INTER-SESSIONAL INTERGOVERNMENTAL MEETING
ON A DEVELOPMENT AGENDA FOR WIPO

2nd session, Geneva, June 20-22, 2005

Mr Chairman, IFLA, the International Federation of Library Associations
and Institutions, welcomes your continued leadership in guiding these
important discussions about the future direction of WIPO.

This intervention is made with the full support of Electronic
Information for Libraries, one of our members also present at this
meeting, which works directly in developing countries.

At the IIM/1 meeting we drew to your attention the importance of
libraries and their crucial role in the economic and social development
of all countries, especially developing countries and those in
transition. We pointed out that developed countries all benefit from
highly developed and sophisticated library infrastructures providing
both analogue and digital information services and that these have led
to an improvement in their populations=92 general education and knowledge
particularly over the last 150 years, which in turn led to greater
enterprise and prosperity for all.

As librarians our interest lies overwhelmingly in copyright, and as the
profession which in so many situations acts as the interface between
rights holders and the users of copyright in libraries, we see that it
is crucial that WIPO ensures that the maintenance of reasonable
exceptions and limitations to copyright enjoyed in many developed
countries is also established in the copyright regimes of developing
countries.

With regard to the proposals put forward at this meeting by some of the
distinguished delegations, we would like to observe the following

=95 Libraries are pro-copyright because we recognise the need for creative
works to be protected from piracy and other unfair exploitation. We
uphold copyright laws and encourage users to respect them. Indeed we are
the collecting societies=92 major customers.

=95 However, copyright is not about just protection but was from its early
days meant to balance the need to protect creators and entrepreneurs in
the work with the user=92s right to access information and the expression
of ideas. The mechanism that makes copyright work is in fact the
exceptions and limitations combined with adequate protection of copyright.

=95 Libraries are stakeholders in copyright policy. Policy makers need to
seek out the views of librarians when developing new legislation and
other measures. Clear transparent mechanisms for such consultations are
vital in both WIPO and within all its Member States.

=95 In our IIM/1 intervention we supported the proposals from Brazil on
behalf of the Friends of Development Group and we continue to see these
as offering the most comprehensive solution to all the major issues. We
highlight the following numbered proposals from the Listing of Specific
Action-oriented Proposals by Member States as of June 2005 tabled by
Brazil at IIM/2, which we think will particularly benefit libraries.
They will make WIPO more transparent in its dealings with both
rightsholders and users of copyright and in particular the proposal to
bring about an Access to Knowledge Treaty would do much to redress the
current imbalance in copyright which is in the rightsholders favour and
which is leading to the creation of monopolies of information.

(1) To amend the WIPO Convention to include explicit language on the
Development Dimension
(3) To consider the elaboration of a Treaty on Access to Knowledge and
Technology
(4) To formulate and adopt Principles and Guidelines for the development
and implementation of technical assistance
(5) To establish an independent WIPO Evaluation and Research Office
(6) To consider measures to ensure wider participation of civil society
and public interest groups in WIPO including their participation in the
Policy Advisory Commission and the Industry Advisory Commission
(7) To formulate and adopt Principles and Guidelines for norm-setting
activities in WIPO
(8) To undertake independent, evidence-based Development Impact
Assessments with respect to norm-setting activities
(9) To establish a system of holding public hearings prior to the
initiation of any norm-setting initiatives
(10) To improve information sharing on technical assistance including
the establishment of databases, a dedicated web page and a WIPO
Partnership Office
(12) To formulate and adopt a Code of Ethics for technical assistance
staff and consultants
(13) To develop indicators and benchmarks for the evaluation of WIPO
technical assistance

We believe that the full integration of development issues into all
aspects of WIPO=92s work is essential to its future progress and achieving
this will benefit all Member States, not just the developing countries.
We wish you every success.

Geneva, 22nd June 2005