[A2k] Draft text of A2K Preamble and introductory articles

[Manon Ress]

This is the first of several installments reviewed by the drafting
committee. Additional comments and suggestions are welcome.
Manon

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(May 4 version)

TREATY ON ACCESS TO KNOWLEDGE

1)    PREAMBLE

The parties to this treaty,

Seeking to enhance participation in cultural, civic and educational
affairs, and sharing of the benefits of scientific advancement,

Recognizing the importance of knowledge resources in supporting
innovation, development and social progress, and of the opportunities
arising from technological progress particularly the Internet,

Mindful of the need to overcome disparities in wealth, development, and
access to knowledge resources,

Recognizing the importance of protecting and supporting the interests of
creative individuals and communities,

Determined to create the broadest opportunities to participate in the
development of knowledge resources,

Concerned about private misappropriation of social and public knowledge
resources,

Recognizing further the importance of knowledge resources that are
created for the benefit of all, and the need to protect and expand the
knowledge commons,

Determined to protect, preserve and enhance the public domain, which is
essential for creativity and sustainable innovation,

Seeking to control anticompetitive practices,

Concerned technological measures that restrict access to knowledge goods
will harm authors, libraries, education institutions, archives, and
persons with disabilities,

Recognizing the need for greater disclosure of knowledge, and for new
incentives to create and share knowledge resources without restrictions
on access,

Encouraged by the success and potential of new methods of creating and
sharing knowledge,

Mindful of the need for public and private investments in knowledge
resources,

Concerned over insufficient public support for knowledge resources,

Conscious of the importance of the global information networks in
expanding access to knowledge,

Mindful of the benefits of open access to scientific research and data,

Recognizing the benefits of greater transparency of knowledge resources
and technologies,

Recognizing the need for global action to protect and enhance access to
knowledge resources,

Seeking to promote the transfer of technology to developing countries,

Members agree


Article 1 - Objectives

1.    The Objectives of this treaty are to protect and enhance [expand]
access to knowledge, and to facilitate the transfer of technology to
developing countries.

Article X - Nature and Scope of Obligations

1.    Members shall give effect to the provisions of this Agreement.
Members may, but shall not be obliged to, implement in their law more
extensive measures to promote access to knowledge than are required by
this Agreement, provided that such measures do not contravene the
provisions of this Agreement.  Members shall be free to determine the
appropriate method of implementing the provisions of this Agreement
within their own legal system and practice.

Relationship to other agreements

Article X,

Nothing in this Agreement shall limit the rights of the public to access
and use information or knowledge that are defined in other treaties or
National legislation.

This Agreement does not limit the ability of its signatories to further
act to support cooperative creation and innovation efforts that
contribute to a knowledge commons that is available to all.

Article X  - Tariffs on importation of educational, scientific and
cultural materials

Members agree to comply with the Florence Agreement (1950) and its
Protocol known as the =91Protocol of Nairobi=92 (1976).

Article X =96 Access to Medicine for All

Members agree to implement paragraph 4 of the WTO Doha Declaration on
TRIPS and Public Health.

Article X =96 Public Policy not Overridden by Contract.

The goals and policies set out in this Agreement should not be
overridden by contract.


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Manon Anne Ress
manon.ress@cptech.org,
www.cptech.org

Consumer Project on Technology in Washington, DC PO Box 19367,
Washington, DC 20036, USA Tel.:  +1.202.387.8030, fax: +1.202.234.5176

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