[Ip-health] RE: [A2k] 45 approved Development Agenda recommendations
Uhlir, Paul
PUhlir@nas.edu
Mon Mar 3 13:02:03 2008
I forgot to mention one more reference that is directly useful in
support of Recommendation #16:
"UNESCO Policy Guidelines on the Development and Promotion of
Governmental Public Domain Information," Paul F. Uhlir (2004), available
in several languages at:
http://portal.unesco.org/ci/en/ev.php-URL_ID=15862&URL_DO=DO_TOPIC&URL_S
ECTION=201.html
-----Original Message-----
From: a2k-admin@lists.essential.org
[mailto:a2k-admin@lists.essential.org] On Behalf Of Uhlir, Paul
Sent: Monday, March 03, 2008 11:33 AM
To: a2k@lists.essential.org; ip-health@lists.essential.org
Subject: RE: [A2k] 45 approved Development Agenda recommendations
I would like to bring to your attention some useful documents and
activities in support of a couple of the WIPO recommendations. I may
have provided some of these references at an earlier point, but they are
worth reiterating in this context.
For recommendation #16 on the "preservation...implications and benefits
of the public domain" I suggest reference to the following three sources
with regard to scientific data:
The Role of Scientific and Technical Data and Information in the Public
Domain, National Academy of Sciences,
http://www.nap.edu/catalog.php?record_id=10785. This publication
provided a very strong economic, legal, and science policy rationale for
keeping scientific data in the public domain. It was focused primarily
on the situation in the US, although the analysis was broadly relevant.
The scientific areas covered were biomedical/health and environmental.
Open Access and the Public Domain in Digital Data and Information for
Science, National Academy of Sciences,
http://www.nap.edu/catalog.php?record_id=11030. This publication, which
was done jointly by the US CODATA with the international CODATA and
UNESCO focused on developing countries and provided some very useful
examples of the benefits of OA. However, the law, economics, and policy
analysis of the role and value of public domain data in research was
much better in the first report, above. The scientific areas covered
were also health and environmental, as well as basic sciences and higher
education.
A Contractually Reconstructed Research Commons in a Highly Protectionist
Intellectual Property Environment, Reichman and Uhlir, Law &
Contemporary Problems 66: 315-462 (2003),
http://www.law.duke.edu/shell/cite.pl?66+Law+&+Contemp.+Probs.+315+(Wint
erSpring+2003).
For recommendation #35 for WIPO to undertake "new studies to assess the
economic, social and cultural impact of the use of intellectual property
systems in those States", see the recent presentations from the US
CODATA - OECD Workshop on The Socioeconomic Effects of Public Sector
Information (PSI) on Digital Networks: Toward a Better understanding of
Access and Reuse Policies, provides a state-of-the-art review of current
methodologies for empirically assessing the impacts of public
domain/open vs. proprietary/closed approaches to providing PSI online. A
summary report will be published later this year. We hope to stimulate
further research and analysis of the benefits of open and
non-proprietary access to government info (with obvious analogies to
publicly-funded info in science). The slides from that meeting, which
was held 4-5 February 2008 at OECD HQ are at:
http://www.oecd.org/document/48/0,3343,en_2649_34223_40046832_1_1_1_1,00
.html
Paul Uhlir
-----Original Message-----
From: a2k-admin@lists.essential.org
[mailto:a2k-admin@lists.essential.org] On Behalf Of Gwen Hinze
Sent: Monday, March 03, 2008 7:14 AM
To: Thiru Balasubramaniam; a2k@lists.essential.org;
ip-health@lists.essential.org
Subject: Re: [A2k] 45 approved Development Agenda recommendations
We have also posted a colour-coded version here, with the 19
"immediately implementable" proposals highlighted in yellow:
<http://www.eff.org/pages/new-wipo-development-agenda>
Gwen Hinze
International Policy Director
Electronic Frontier Foundation
At 12:49 PM +0100 3/3/08, Thiru Balasubramaniam wrote:
>--
>[ Picked text/plain from multipart/alternative ]
>I realize that you may have already seen this, but often I feel we
>talk about the set of 45 proposals without a clear reference to what
>they exactly constitute (from time to time I get requests from people
>trying to find the proposals). Here they are reproduced in their
>entirety with the url on the WIPO website.
>
>
>
>
>http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=85452
>
>
>
>------------------------
>
>
>CLUSTER A: TECHNICAL ASSISTANCE AND CAPACITY BUILDING
>
>
>1. WIPO technical assistance shall be, inter alia,
>development-oriented, demand-driven and transparent, taking into
>account the priorities and the special needs of developing countries,
>especially LDCs, as well as the different levels of development of
>Member States and activities should include time frames for
>completion. In this regard, design, delivery mechanisms and
>evaluation processes of technical assistance programs should be
>country specific.
>
>
>2. Provide additional assistance to WIPO through donor
>funding, and establish Trust-Funds or other voluntary funds within
>WIPO specifically for LDCs, while continuing to accord high priority
>to finance activities in Africa through budgetary and extra-budgetary
>resources, to promote, inter alia, the legal, commercial, cultural,
>and economic exploitation of intellectual property in these countries.
>
>
>3. Increase human and financial allocation for technical
>assistance programs in WIPO for promoting a, inter alia,
>development-oriented IP culture, with an emphasis on introducing
>intellectual property at different academic levels and on generating
>greater public awareness on IP.
>
>
>4. Place particular emphasis on the needs of SMEs and
>institutions dealing with scientific research and cultural industries
>and assist Member States, at their request, in setting-up appropriate
>national strategies in the field of IP.
>
>
>5. WIPO shall display general information on all
>technical assistance activities on its website, and shall provide, on
>request from Member States, details of specific activities, with the
>consent of the Member State(s) and other recipients concerned, for
>which the activity was implemented.
>
>
>6. WIPO's technical assistance staff and consultants
>shall continue to be neutral and accountable, by paying particular
>attention to the existing Code of Ethics, and by avoiding potential
>conflicts of interest. WIPO shall draw up and make widely known to
>the Member States a roster of consultants for technical assistance
>available with WIPO.
>
>
>
>7. Promote measures that will help countries deal with IP
>related anti-competitive practices, by providing technical
>cooperation to developing countries, especially LDCs, at their
>request, in order to better understand the interface between
>intellectual property rights and competition policies.
>
>
>8. Request WIPO to develop agreements with research
>institutions and with private enterprises with a view to facilitating
>the national offices of developing countries, especially LDCs, as well
>as their regional and sub-regional IP organizations to access
>specialized databases for the purposes of patent searches.
>
>
>9. Request WIPO to create, in coordination with Member
>States, a database to match specific IP-related development needs
>with available resources, thereby expanding the scope of its technical
>assistance programs, aimed at bridging the digital divide.
>
>
>10. To assist Member States to develop and improve national
>IP institutional capacity through further development of
>infrastructure and other facilities with a view to making national IP
>institutions more efficient and promote fair balance between IP
>protection and the public interest. This technical assistance should
>also be extended to sub-regional and regional organizations dealing
>with IP.
>
>
>11. To assist Member States to strengthen national capacity
>for protection of domestic creations, innovations and inventions and
>to support development of national scientific and technological
>infrastructure, where appropriate, in accordance with WIPO's mandate.
>
>
>12. To further mainstream development considerations into
>WIPO's substantive and technical assistance activities and debates,
>in accordance with its mandate.
>
>
>13. WIPO's legislative assistance shall be, inter alia,
>development-oriented and demand-driven, taking into account the
>priorities and the special needs of developing countries, especially
>LDCs, as well as the different levels of development of Member States
>and activities should include time frames for completion.
>
>
>14. Within the framework of the agreement between WIPO and
>the WTO, WIPO shall make available advice to developing countries and
>LDCs, on the implementation and operation of the rights and
>obligations and the understanding and use of flexibilities contained
>in the TRIPS Agreement.
>
>
>
>
>
>CLUSTER B: NORM-SETTING, FLEXIBILITIES, PUBLIC POLICY AND PUBLIC
>DOMAIN
>
>
>15. Norm-setting activities shall:
>
>- be inclusive and member driven;
>
>- take into account different levels of development;
>
>- take into consideration a balance between costs and benefits;
>
>- be a participatory process, which takes into consideration the
>interests and priorities of all WIPO Member States and the viewpoints
>of other stakeholders, including accredited inter-governmental
>organizations and non-governmental organizations; and
>
>- be in line with the principle of neutrality of the WIPO Secretariat.
>
>
>16. Consider the preservation of the public domain within
>WIPO's normative processes and deepen the analysis of the
>implications and benefits of a rich and accessible public domain.
>
>
>17. In its activities, including norm-setting, WIPO should
>take into account the flexibilities in international IP agreements,
>especially those which are of interest to developing countries and
LDCs.
>
>
>18. To urge the IGC to accelerate the process on the
>protection of genetic resources, traditional knowledge and folklore,
>without prejudice to any outcome, including the possible development
>of an international instrument or instruments.
>
>
>19. To initiate discussions on how, within WIPO's mandate,
>to further facilitate access to knowledge and technology for
>developing countries and LDCs to foster creativity and innovation and
>to strengthen such existing activities within WIPO.
>
>
>20. To promote norm-setting activities related to IP that
>support a robust public domain in WIPO's Member States, including the
>possibility of preparing guidelines which could assist interested
>Member States in identifying subject matters that have fallen into the
>public domain within their respective jurisdictions.
>
>
>21. WIPO shall conduct informal, open and balanced
>consultations, as appropriate, prior to any new norm-setting
>activities, through a member-driven process, promoting the
>participation of experts from Member States, particularly developing
>countries and LDCs.
>
>
>22. WIPO's norm-setting activities should be supportive
>of the development goals agreed within the UN system, including those
>contained in the Millennium Declaration.
>
>
>The WIPO Secretariat, without prejudice to the outcome of Member
>States considerations, should address in its working documents for
>norm-setting activities, as appropriate and as directed by Member
>States, issues such as: (a) safeguarding national implementation of
>intellectual property rules (b) links between IP and competition (c)
>IP-related transfer of technology (d) potential flexibilities,
>exceptions and limitations for Member States and (e) the possibility
>of additional special provisions for developing countries and LDCs.
>
>
>23. To consider how to better promote pro-competitive IP
>licensing practices, particularly with a view to fostering creativity,
>innovation and the transfer and dissemination of technology to
>interested countries, in particular developing countries and LDCs.
>
>
>
>CLUSTER C: TECHNOLOGY TRANSFER, INFORMATION AND COMMUNICATION
>TECHNOLOGIES (ICT) AND ACCESS TO KNOWLEDGE
>
>24. To request WIPO, within its mandate, to expand the scope
>of its activities aimed at bridging the digital divide, in accordance
>with the outcomes of the World Summit on the Information Society
>(WSIS) also taking into account the significance of the Digital
>Solidarity Fund (DSF).
>
>
>25. To explore IP-related policies and initiatives
>necessary to promote the transfer and dissemination of technology, to
>the benefit of developing countries and to take appropriate measures
>to enable developing countries to fully understand and benefit from
>different provisions, pertaining to flexibilities provided for in
>international agreements, as appropriate.
>
>
>26. To encourage Member States, especially developed
>countries, to urge their research and scientific institutions to
>enhance cooperation and exchange with research and development
>institutions in developing countries, especially LDCs.
>
>
>27. Facilitating IP-related aspects of ICT for growth and
>development: Provide for, in an appropriate WIPO body, discussions
>focused on the importance of IP-related aspects of ICT, and its role
>in economic and cultural development, with specific attention focused
>on assisting Member States to identify practical IP-related
>strategies to use ICT for economic, social and cultural development.
>
>
>
>28. To explore supportive IP-related policies and measures
>Member States, especially developed countries, could adopt for
>promoting transfer and dissemination of technology to developing
>countries.
>
>
>29. To include discussions on IP-related technology transfer
>issues within the mandate of an appropriate WIPO body.
>
>
>30. WIPO should cooperate with other intergovernmental
>organizations to provide to developing countries, including LDCs, upon
>request, advice on how to gain access to and make use of IP-related
>information on technology, particularly in areas of special interest
>to the requesting parties.
>
>
>31. To undertake initiatives agreed by Member States, which
>contribute to transfer of technology to developing countries, such as
>requesting WIPO to facilitate better access to publicly available
>patent information.
>
>
>32. To have within WIPO opportunity for exchange of national
>and regional experiences and information on the links between IP
>rights and competition policies.
>
>
>CLUSTER D: ASSESSMENT, EVALUATION AND IMPACT STUDIES
>
>
>33. To request WIPO to develop an effective yearly review
>and evaluation mechanism for the assessment of all its
>development-oriented activities, including those related to technical
>assistance, establishing for that purpose specific indicators and
>benchmarks, where appropriate.
>
>
>34. With a view to assisting Member States in creating
>substantial national programs, to request WIPO to conduct a study on
>constraints to intellectual property protection in the informal
>economy, including the tangible costs and benefits of IP protection in
>particular in relation to generation of employment.
>
>
>35. To request WIPO to undertake, upon request of Member
>States, new studies to assess the economic, social and cultural impact
>of the use of intellectual property systems in these States.
>
>
>36. To exchange experiences on open collaborative projects
>such as the Human Genome Project as well as on IP models.
>
>
>37. Upon request and as directed by Member States, WIPO may
>conduct studies on the protection of intellectual property, to
>identify the possible links and impacts between IP and development.
>
>
>38. To strengthen WIPO's capacity to perform objective
>assessments of the impact of the organization's activities on
>development.
>
>
>
>CLUSTER E: INSTITUTIONAL MATTERS INCLUDING MANDATE AND GOVERNANCE
>
>
>
>39. To request WIPO, within its core competence and mission,
>to assist developing countries, especially African countries, in
>cooperation with relevant international organizations, by conducting
>studies on brain drain and make recommendations accordingly.
>
>
>
>40. To request WIPO to intensify its cooperation on IP
>related issues with UN agencies, according to Member States'
>orientation, in particular UNCTAD, UNEP, WHO, UNIDO, UNESCO and other
>relevant international organizations, especially WTO in order to
>strengthen the coordination for maximum efficiency in undertaking
>development programs.
>
>
>41. To conduct a review of current WIPO technical assistance
>activities in the area of cooperation and development.
>
>
>42. To enhance measures that ensure wide participation of
>civil society at large in WIPO activities in accordance with its
>criteria regarding NGO acceptance and accreditation, keeping the issue
>under review.
>
>
>43. To consider how to improve WIPO's role in finding
>partners to fund and execute projects for IP-related assistance in a
>transparent and member-driven process and without prejudice to ongoing
>WIPO activities.
>
>
>44. In accordance with WIPO's member-driven nature as a
>United Nations Specialized Agency, formal and informal meetings or
>consultations relating to norm-setting activities in WIPO, organized
>by the International Bureau, upon request of the Member States, should
>be held primarily in Geneva, in a manner open and transparent to all
>Members. Where such meetings are to take place outside of Geneva,
>Member States shall be informed through official channels, well in
>advance, and consulted on the draft agenda and program.
>
>
>
>CLUSTER F: OTHER ISSUES
>
>
>45. To approach intellectual property enforcement in the
>context of broader societal interests and especially
>development-oriented concerns, with a view that "the protection and
>enforcement of intellectual property rights should contribute to the
>promotion of technological innovation and to the transfer and
>dissemination of technology, to the mutual advantage of producers and
>users of technological knowledge and in a manner conducive to social
>and economic welfare, and to a balance of rights and obligations", in
>accordance with Article 7 of the TRIPS Agreement.
>
>
>------------------------------------------------------------
>
>
>Thiru Balasubramaniam
>Geneva Representative
>Knowledge Ecology International (KEI)
>thiru@keionline.org
>
>
>Tel: +41 22 791 6727
>Mobile: +41 76 508 0997
>
>
>
>
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