[Ecommerce] various IP language in WSIS Draft Principles

[Manon Ress]

Check out various proposed language for IP in WSIS Declaration of
Principles (we=92ll get to 40C later =97we=92re on article 26 now-- but so =
far
this is what we have on IP):

>From Global Contract Foundation room paper =93Does Input lead to impact? Ho=
w
Governments treated Civil Society Proposals in Drafting the 21 Spetember
2003 Draft September 22, 2003
Comparing 3 drafts one by governments in July, one by Civil Society and
last Governement in September:

1)=09Government=92s Draft Declaration of Principles 18 July 2003
[NEW 40C Intellectual property protection is essential to the Information
Society. Existing intellectual property regimes and international
agreements should continuously provide this protection, [so as to
contribute to this objective,] thus promoting the necessary balance
between owners and users of intellectual property. [Intellectual property
protection can and should be interpreted in a manner supportive to state=92=
s
rights to protect public policies, in particular, to promote access to the
Information Society. ]
footnote:  New text proposed by Brazil, based on the Doha Declaration on
the TRIPS agreement and Public Health.
http://www.itu.int/wsis/documents/doc_single.asp?lang=3Den&id=3D894
2)=09Civil Society Input.  Working Group on Patents, Copyright and
Trademarks: Proposes replacement of new paragraph 40 C with this
paragraph:

Human Knowledge is the heritage and property of all humankind and the
reservoir from which new knowledge is c
reated.  The primary goal of patents, copyright and trademarks, and other
legal and technical monopolies on knowledge granted by society, must be to
ensure maximum use of this knowledge and to encourage creativity as widely
as possible within society.  International agreements and treaties, and
national policies concerning creation, sharing and trade of intellectual
goods and cultural creations should be aligned according to those
principles.

Global Unions:  Recommends additional text in Para New 40 C
Copyright exemptions should be limited.  Right holders must be protected,
including the need to grant a fair remuneration to right holders for the
use of their work.

Authors must be encouraged to retain ownership of their authors=92rights an=
d
not to automatically transfer rights to publishers or other
intermediaries.

Human Rights Caucus proposes reworking of para new 40C as follows:
Intellectual property regimes and international agreements on patents,
copyright and trademarks should be compliant with Article 27 of the
Universal Declaration of Human Rights, which balances the rights of
authors and the rights of all people to participate in cultural life, to
enjoy arts and to share in scientific advancement and its benefits.

3)=09Government=92s Draft Declaration Principles 19 September 2003
[40C] Intellectual property protection is essential to the Information
Society. Striking a fair balance between protection of intellectual
property, one the one hand, an its use, and knowledge sharing, on the
other, is essential to the Information Society, facilitating meaningful
participation by all in intellectual property protection and production
through awareness, capacity building and development of legal framework is
an fundamental part of an inclusive Information Society
See:  http://www.itu.int/wsis/

I also found =93alternative language=94 proposed by the Council of European
Union Proposal:

=93Intellectual property protection is essential to the information Society=
.
[bold]Many national and regional[endof bold]intellectual property regimes
and [bold] the relevant [enofbold]international agreements [bold]in this
field have already been adapted to meet fully the challenges of the
information Society, striking a fair [end of bold] balance
between [bold]adequate protection and the public interest to pursue [end
of bold] public policies, [bold]notably with a view to the information
Society.=94

At the beginning of Plenary this morning, some observers were invited to
make statements.  The Business spokesperson (CCBI?) explained that IPR
protection is essential and TRIPS and WIPO treaty must be preserved in
WSIS.  For the Business, she continued, IP is =93already balanced=94 and th=
e
words =93striking a fair balance=94 should be deleted.

The patents, copyright and trademark group also made a statement (see
proposed text above) as well as the International Union for the Blind
whose spokesperson =93let the computer do the talking=94 to plead for
insertion of rights of disabled people in the Declaration.