[Ip-health] Consumers International statement to WIPO PCDA (competition policy and the public domain)

[Thiru Balasubramaniam]

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Consumers International Statement on competition policy and the public
domain
February 21, 2007

Consumers International is very supportive of the inclusion of C28 as
an actionable item to enable WIPO to assist countries to use
competition policy to redress the abuse of IPRs to the detriment of
consumers.  We welcome the comments made by the Republic of South
Africa and Germany which that competition policy is an effective tool
to curb anti-competitive practices.  We emphasize that Articles 6, 7,
8, 31.k and Article 40 of the TRIPS Agreement frame WTO members=92 policy
options in using competition policy safeguards.

As some delegates have indicated, the relationship between competition
laws and intellectual property rights are complex.   As WIPO and other
multilateral and bilateral trade negotiations seek new intellectual
property right norms, and place more obligations on countries to
enforce those rights, it is quite important to fully appreciate the
role of competition policy in addressing certain problems that can
arise, particularly those problems that harm consumers.

It would be very useful if WIPO could collect information from member
states on the cases where competition laws have been used to remedy
anticompetitive practices.   WIPO could also play a role in helping
member states understand their rights and obligations under Article 40
of the TRIPS in cases involving disputes over anticompetitive practices
in the licensing of intellectual property rights when those practices
involve actions in more than one country.

An initial report from the WIPO secretariat on the possible
implementations of Article 40 in cross-border cases would be a useful
deliverable.

Consumers International also reiterates its support of D32 as an
actionable item.  This exhorts WIPO to =93deepen the analysis of the
implications and benefits of a rich and accessible public domain.=94

WIPO could provide a report that provides case studies on this.  Such
case studies might discuss the decision by several member states to
support activities to place the human genome in the public domain, or
how the World Wide Web Consortium and other bodies have created
technologies for the Internet that are free from intellectual property
claims.  In both instances, by placing some data and technology into
the public domain, there was a more competitive environment for the
next generation of inventions and services, including inventions and
works that are fully protected by patents and copyrights.

A deeper understanding of the relationship between the public domain
and intellectual property rights is timely and important.



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Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)
voice +41.22.791.6727
fax +41.22.723.2988
mobile +41 76 508 0997
thiru@keionline.org
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