[A2k] WIPO embraces reform on intellectual property mission

[James Packard Love]

http://www.huffingtonpost.com/james-love/wipo-embraces-reform-on-
i_b_41951.html

February 23, 2007
The Huffington Post
James Love
WIPO embraces reform on intellectual property mission

Geneva: Today the World Intellectual Property Organization (WIPO)
concluded the first of a two-part review of proposals for a reform
effort called the "development agenda." In doing so, WIPO and its
member states have done something very positive, and surprising --
both because it signals important reforms, and because it happened
with very strong support from all of the WIPO members, including the
United States and members of Europe, delegations that usually take a
hard line in global negotiations on intellectual property issues.

The negotiations have just broken up. This is our statement on the
outcome:

The agreement on dozens of WIPO reforms was broader and more
substantive than had been anticipated. Some of the measures signal
important changes in this controversial UN body. WIPO members agreed
to "consider the preservation of the public domain within WIPO's
normative processes and deepen the analysis of the implication and
benefits of a rich and accessible public domain." WIPO agreed to
"promote measures that will help countries deal with IP related
anticompetitive practices." "Norm-setting activities shall . . . take
into account different levels of development" and "take into
consideration a balance between costs and benefits." WIPO adopted an
expanded mandate to undertake studies to assess the economic, social
and cultural impact of intellectual property practices and norm
setting activities. All of this signals a new tone and approach for
WIPO. In a sense, WIPO is finally entering the new century, and
responding to the growing demand for reforms, and a more balanced
approach to intellectual property protection.

In some areas, however, the agreement was quite limited. The cluster
that included "access to knowledge," was quite thin, for example.

In June, WIPO will look at a much more ambitious set of proposals,
most of which were opposed by the United States or the European
Commission in 2005. The June meeting, which is expected to be much
more difficult, will look at topics such as proposed treaty on access
to knowledge -- a startling departure from WIPO's longstanding
efforts to focus largely on expanding the scope and enforcement of
intellectual property rights.

This week's negotiation went far better than almost anyone had
anticipated, and many share the credit for the excellent outcome. The
United States government had greatly moderated its positions and
tone, and was credited by many delegates for its constructive and
open approach to the negotiations on a topic for which the US is
normally considered a hard-liner. Several European States, including
for example the UK, Germany and Switzerland had worked hard to find
ways to reaching consensus with key developing countries. Indian
persistent efforts to engage the US and European negotiators was
helpful and effective. Argentina and Brazil were among the countries
that had pushed the hardest for the reform agenda. Chile's leadership
on the issue of the public domain was key. The contributions from the
Africa Group were excellent, including for example countries like
South Africa. Very high marks were given to Trevor Clarke, the
impressive Chair of the meeting, who hails from Barbados.

Many non-government organizations (NGOs) and experts have labored
long and hard on the development agenda negotiations, not all of
which were able to attend this meeting, which comes after at least
seven WIPO meetings where this topic has been discussed. The
contributions of the (north and south, east and west) development,
consumer, free software, library and public interest groups working
on technology issues were very important, and it has been a pleasure
to work with all of them.

It is now time to turn our attentions to the June negotiations on the
next group of proposals for the development agenda, which go much
further, and present more controversy. It is also important to ensure
that WIPO implements the new reforms. The first step is very
important, but it is a long journey.

Here are some quotes from others who are here:

(Indian Delegate)
"As a delegation we feel it is a very significant forward movement.
The meeting concluded in a spirit of compromise and consensus. This
augers well for future deliberation which may lead to the
finalization of a development agenda for WIPO. It is imperative that
the member states maintain this spirit in the next meeting of the PCDA."

(Nigerian Delegate)
"It has been a very long and tortuous route but we have at last come
out of the tunnel into the brilliant prospects of implementing the
Development Agenda in WIPO."

Teresa Hackett (EIFL.NET)
"The Chairman was breath of fresh air. After two years, it feels like
things are moving forward. The public domain received unexpected
attention, but it gave us the opportunity to talk about why WIPO
should care about a rich and accessible public domain."

Miriam M. Nisbet (American Library Association)
"Despite some confusing and conflicting statements about the public
domain, it has been gratifying to hear lively debates by the WIPO
delegates that reinforce the importance of the topic."

Ren Buchholz (Electronic Frontier Foundation)
"WIPO made a refreshing amount of progress this week. The excellent
Chair kept things moving and Member States seemed happy to be hard at
work. However, it's critical that the spirit of this session is
present at the June meeting. If certain countries obstruct fair
consideration of the rest of the proposals -- and there are many --
we should not be surprised if this week's success suffers."

David Tannenbaum (Yale Information Society Project)
"It is disorienting to see such a breathtakingly good outcome come
out of a process that was largely closed. The language is very
general and it will be important to use these principles to guide
current and future treaty negotiations."

Cliffor Guimares (Brazilian Copyright Office)
"The final results of the discussions of the Annex A are positive.
Group B showed some flexibility in order to reach an agreement. . The
African Group devoted a lot of effort to reaching agreement on
technical assistance matters. Of course, Annex A comprises only part
of the negotiation. Brazil hopes that the spirit of cooperation and
goodwill displayed in PCDA3 is extended to PCDA4."

Iryna Kuchma (eIFL)
"It was my first participation at PCDA and it was a pleasure for me
to see the progress in the Development agenda. As an Eastern European
the only pity I have is that other East European countries don't
realize that Development agenda will be as beneficial for them as for
the Friends of Development."

Malini Aisola (Knowledge Ecology International)
"After many days of negotiations, I am glad that WIPO Member States
were able to reach decisions on Annex A proposals. This is surely a
favorable first result in the development agenda process. In order
for the process to be completed, it is crucial that member states
rise to the challenging task of reaching consensus on the remaining
proposals in the June meeting. Witnessing the cooperation and
collaboration of the nations at the PCDA has been a valuable
experience for me."

Eddan Katz (Yale Information Society Project)
"This is an important moment for the recognition of the role of human
development in innovation. agreement on these principles will help us
move forward in promoting access to knowledge as a commitment for the
whole world."

(Senior member of the US delegation)
"We sensed a different atmosphere on both sides this time".

Vera Franz
"With this week's meeting we are a step closer to making WIPO fit for
the 21st century. Back in 2003 WIPO had argued that a meeting on open
collaborative knowledge projects would fall outside the agency's
mandate. With today WIPO has put these issues firmly on its agenda,
acknowledging that in a healthy and competitive knowledge economy
more IP is not always better. What is next? These changes will have
to impact future norm-setting at the agency."

Thiru Balasubramaniam (Knowledge Ecology International)
"The Chair, Ambassador Trevor Clarke of Barbados, steered the helm of
the Development Agenda process with judicious authority rejuvenating
hopes that WIPO can make mainstream public interest concerns into its
core mandate. Kudos to Pakistan, Chile, India, Brazil, South Africa
and the United States for their spirit of cooperation and goodwill.
It was refreshing to hear WIPO Member States laud the value of the
public domain. Crunch time begins in June where proposals detailing
an elaboration of a Treaty on Access to Knowledge and a Medical R&D
Treaty will be discussed."


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James Packard Love
Knowledge Ecology International
http://www.keionline.org
james.love@keionline.org
Washington, DC +1.202.332.2670

"If everyone thinks the same: No one thinks." Bill Walton"