[Ecommerce] launched: The Adelphi Charter on Creativity, Innovation and Intellectual Property]

[Michelle Childs]

On October 13 2005, the Adelphi Charter on Creativity, Innovation and
Intellectual Property <www.adelphicharter.org
<http://www.adelphicharter.org/>> has been launched at the UK's Royal
Society of the Arts. The Charter sets out new principles for copyrights
and patents, and calls on governments to apply a new public interest
test. It promotes a new, fair, user-friendly and efficient way of
approaching intellectual property policy in the 21st century. The
Charter was drafted by an International Commission
<http://www.adelphicharter.org/group.asp> of artists, scientists,
lawyers, politicians, economists, academics and business experts. The
Charter Office is based at the Royal Society of Arts
<http://www.rsa.org.uk/>in London which is concerned with innovation in
the arts, sciences and industry.

The full text of the Charter is pasted below. For media coverage see here:

>  The Economist
http://www.economist.com/business/displayStory.cfm?story_id=3D5032375

> James Boyle in the Guardian
http://education.guardian.co.uk/higher/comment/story/0,9828,1591467,00.html

> Gilberto Gil in the Guardian
http://www.guardian.co.uk/g2/story/0,3604,1591933,00.html
<http://www.guardian.co.uk/g2/story/0,3604,1591933,00.html%29.>).

*

The Adelphi Charter on Creativity, Innovation and Intellectual Property
Humanity=92s capacity to generate new ideas and knowledge is its greatest
asset. It is the source of art, science, innovation and economic
development. Without it, individuals and societies stagnate.
This creative imagination requires access to the ideas, learning and
culture of others, past and present.
Human rights call on us to ensure that everyone can create, access, use
and share information and knowledge, enabling individuals,communities
and societies to achieve their full potential.
Creativity and investment should be recognised and rewarded.The purpose
of intellectual property law (such as copyright and patents) should be,
now as it was in the past, to ensure both the sharing of knowledge and
the rewarding of innovation.
The expansion in the law=92s breadth, scope and term over the last 30
years has resulted in an intellectual property regime which is radically
out of line with modern technological, economic and social trends.
This threatens the chain of creativity and innovation on which we and
future generations depend.
1. Laws regulating intellectual property must serve as means of
achieving creative, social and economic ends and not as ends in themselves.
2. These laws and regulations must serve, and never overturn, the basic
human rights to health, education, employment and cultural life.
3. The public interest requires a balance between the public domain and
private rights. It also requires a balance between the free competition
that is essential for economic vitality and the monopoly rights granted
by intellectual property laws.
4. Intellectual property protection must not be extended to abstract
ideas, facts or data.
5. Patents must not be extended over mathematical models, scientific
theories, computer code, methods for teaching, business processes,
methods of medical diagnosis, therapy or surgery.
6. Copyright and patents must be limited in time and their terms must
not extend beyond what is proportionate and necessary.
7. Government must facilitate a wide range of policies to stimulate
access and innovation, including non-proprietary models such as open
source software licensing and open access to scientific literature.
8. Intellectual property laws must take account of developing countries=92
social and economic circumstances.
9. In making decisions about intellectual property law, governments
should adhere to these rules:
* There must be an automatic presumption against creating new areas of
intellectual property protection, extending existing privileges or
extending the duration of rights.
* The burden of proof in such cases must lie on the advocates of change.
* Change must be allowed only if a rigorous analysis clearly
demonstrates that it will promote people=92s basic rights and economic
well-being.
* Throughout,there should be wide public consultation and a
comprehensive, objective and transparent assessment of public benefits
and detriments.
We call upon governments and the international community to adopt these
principles.
Adelphi . London . 13 October 2005
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Michelle Childs -Head of European Affairs
Consumer Project on Technology in London
24, Highbury Crescent, London, N5 1RX,UK.
Tel:+44(0)207 226 6663 ex 252.
Mob:+44(0)790 386 4642. Fax: +44(0)207 354 0607
http://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

Consumer Project on Technology in Geneva
1 Route des  Morillons, CP 2100, 1211 Geneva 2, Switzerland
Tel: +41 22 791 6727