[A2k] WIPO General Assembly - IFLA and LCA joint Statement on the Development Agenda

[Barbara Stratton]

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Dear colleagues
WIPO General Assembly 2007
Since the General Assembly took 1 1/2 days to agree the agenda and has been
bogged down with financial and internal WIPO matters and now the PCT, the
Development Agenda, the broadcasting treaty, audiovisual performances and
traditional knowledge (all originally scheduled for Wednesday) have still n=
ot
been discussed.
NGOs were invited to make written interventions for inclusion in the Report=
.
Below is the joint intervention submitted by the International Federation o=
f
Library Associations and Institutions (IFLA) and the (U.S.) Library Copyrig=
ht
Alliance (LCA)on the subject of the WIPO Development Agenda recommendations
made by the Provisional Committee on Proposals Related to a WIPO Developmen=
t
Agenda (PCDA) http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=3D8545=
2[1].
Our statement has also been made available to delegates in the foyer.
Barbara Stratton
Senior Policy Adviser, CILIP: the Chartered Institute of Library and
Information Professionals (UK) and Resource Member, IFLA Copyright and othe=
r
Legal Matters Committee (IFLA-CLM)
IFLA: International Federation of Library Associations and Institutions
The Library Copyright Alliance
Assemblies of the Member States of WIPO
Forty-Third Series of Meetings, Geneva, 24 September =96 3 October 2007
Intervention by IFLA and LCA
A Development Agenda for WIPO
Why libraries care
Libraries and development
A strong library infrastructure is an integral part of any nation=92s
development. This is evidenced by nations such as Canada and Norway, who
together have held the number one spot in the Human Development Index over =
the
last ten years(1). The growth of knowledge is key to development. Libraries
are key to the preservation and broadest possible dissemination of knowledg=
e
in societies.
Libraries work to support the major development issues of literacy, the
preservation of cultural heritage and bridging the digital divide. They
provide a means by which all citizens can have equal access to quality
information in a trusted and neutral environment.
Libraries uphold copyright laws and encourage their users to respect them. =
In
supporting the free flow of information and ideas, librarians recognise tha=
t
copyright is intended to balance creators=92 rights with users=92 rights.
Copyright protection which embraces robust exceptions and limitations is th=
e
only viable mechanism to achieve this balance.
Libraries and the WIPO Development Agenda
The international library community has welcomed the opportunity to contrib=
ute
to discussions on a Development Agenda for almost three years and have
appreciated the constructive efforts of Member States and the Secretariat. =
We
believe that the framework of 45 proposals agreed by the Provisional Commit=
tee
on Proposals Related to a WIPO Development Agenda (PCDA) are positive and
commend them to the General Assembly.
The implementation of the PCDA=92s proposal for the establishment of a WIPO
Committee on IP and Development will ensure that there is a forum to monito=
r
implementation and to continue discussion. The resourcing and implementatio=
n
of the Development Agenda will be crucial to its successful delivery.
We wish to highlight some issues of prime importance to libraries.
The creation of a fair balance between IP protection and safeguarding the
public interest (Recommendations 10 & 45).
National policy makers should be encouraged to promote the use of options a=
nd
flexibilities and consult with all stakeholders, including librarians.
The support and preservation of a robust public domain, and identification =
of
and access to public domain content (Recommendations 16 & 20).
The public domain is part of the common cultural and intellectual heritage =
of
mankind and is a major source of inspiration for creators and researchers.
However, copyright norms impact directly on the public domain. When private
rights on content are increased, material in the public domain decreases. W=
e
are pleased therefore that the PCDA proposals acknowledge that WIPO has a r=
ole
to play in this regard.
Access to knowledge and technology (Recommendation 19)
Access to knowledge is an essential tool for the successful implementation =
and
delivery of the Development Agenda We believe that much work needs to be do=
ne
in this area to create concrete outcomes. As a first step, we support the
suggestion put forward in a recent ICTSD paper(2) by Ron Marchant (until Ma=
rch
2007, the Chief Executive of the UK Patent Office) and Sisule Musungu (of t=
he
Universities of Berne and Yale) that WIPO holds an Open Forum in 2008 on
access to knowledge and technology and to discuss other models to support
innovation.
Norm setting (Recommendations 20-22)
Librarians support the public policy goals enshrined in the principle of
exceptions and limitations. Long-standing exceptions and limitations, desig=
ned
mainly for the print environment, need to be constantly re-stated and updat=
ed
for the digital era to underpin access provisions for libraries. Therefore =
we
support the requirement that in its working documents WIPO addresses the
safeguarding of national implementation of intellectual property rules, lin=
ks
between IP and competition, IP-related transfer of technology, potential
flexibilities, exceptions and limitations for Member States and the
possibility of additional special provisions for developing countries and
LDCs.
Digital divide (Recommendation 24)
Educational and public libraries in developed countries are in the vanguard=
 of
initiatives to close the digital divide which exists still between the
affluent and poorer sections of society and between those of working age an=
d
many senior citizens. Libraries are the natural place in the community or i=
n
educational institutions for people to first encounter the internet.
Additionally, and very importantly, librarians are skilled teachers in
information literacy and able to train and provide users with the essential
tools they need to navigate and evaluate content on the World Wide Web.
Librarians therefore fully support this Recommendation that WIPO expands it=
s
activity in this regard in support of the World Summit on the Information
Society (WSIS) outcomes and would encourage developing countries to also
deliver their digital divide initiatives through public and educational
libraries.
Assessment, evaluation and impact (Recommendations 33 & 35)
We believe that establishing an annual review and evaluation of all WIPO=92=
s
development oriented activities and the establishment of appropriate
indicators and benchmarks will boost confidence and enhance the role of WIP=
O,
and in particular, its standing amongst all stakeholders.
Additionally we support the introduction of new studies by WIPO, should Mem=
ber
States so request, to assess the economic, social and cultural impact of th=
e
use of intellectual property systems in those countries.
Civil Society participation (Recommendation 42)
Librarians welcome this recognition of the valuable role and expertise that
NGOs bring to WIPO on IP issues that this Recommendation implies, and look
forward to working ever more closely with WIPO and also with the individual
Member States at national level and regional level.
Endnotes
(1) http://en.wikipedia.org/wiki/Human_development_index[2]
(2) Marchant, Ron and Musungu, Sisule F. Essential elements of a WIPO
Development Agenda =96 what could constitute success? page 4, item 6.
International Centre for Trade and Sustainable Development (ICTSD), June 20=
07.
http://www.iprsonline.org/ictsd/docs/PCDA%20essential%20elements.pdf[3]
The International Federation of Library Associations (IFLA) is a public
interest membership based organisation representing the interests of librar=
y
and information services and their users in international fora since 1927. =
It
has 1700 member organisations in 150 countries comprising library associati=
ons
and the world=92s leading libraries. IFLA=92s copyright advocacy is coordin=
ated by
its Copyright and other Legal Matters Committee (IFLA-CLM)
http://www.ifla.org/III/clm/copyr.htm[4]
The Library Copyright Alliance (LCA) represents the five major US library
associations - the American Association of Law Libraries, the American Libr=
ary
Association, the Association of Research Libraries, the Medical Library
Association, and the Special Libraries Association which collectively
represent over 80,000 information professionals and thousands of libraries =
of
all kinds throughout the United States on copyright issues affecting librar=
ies
and their patrons http://www.librarycopyrightalliance.org/[5]
Contacts:
IFLA: Barbara Stratton Barbara DOT Stratton AT cilip DOT org DOT uk; Harald
von Hielmcrone hvh AT statsbiblioteket DOT dk
LCA: Janice Pilch  pilch AT uiuc DOT edu

=3D=3D=3DReferences:=3D=3D=3D
  1. http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=3D85452
  2. http://en.wikipedia.org/wiki/Human_development_index
  3. http://www.iprsonline.org/ictsd/docs/PCDA%20essential%20elements.pdf
  4. http://www.ifla.org/III/clm/copyr.htm
  5. http://www.librarycopyrightalliance.org/