[Random-bits] Chile's proposals to WIPO committee on development agenda

[James Love]

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[ Picked text/plain from multipart/alternative ]

Begin forwarded message:

From: Manon Ress <manon.ress@cptech.org>
Date: January 25, 2006 5:52:48 PM EST
To: ecommerce@lists.essential.org
Subject: [Ecommerce] Chile's proposals to WIPO committee on
development agenda

On WIPO website, the great proposals by Chile are now also in English!

The meeting will be held in Geneva, Feb 20-24, 2006

http://www.wipo.int/edocs/mdocs/mdocs/en/pcda_1/pcda_1_2.doc

http://www.wipo.int/edocs/mdocs/mdocs/en/pcda_1/pcda_1_2.pdf

QUOTE
The Permanent Mission of Chile to the World Trade Organization
presents its compliments to the International Bureau of the World
Intellectual Property Organization (WIPO) and, in relation to the
First Meeting of the Provisional Committee on Proposals Related to a
WIPO Development Agenda (PCDA), has the honor to enclose the
following three proposals:

=95=09appraisal of the public domain;
=95=09the importance of complementary systems to and in intellectual
property;
=95=09study for assessing what are the appropriate levels of intellectual
property, considering the particular situation in each country,
specifically its degree of development and institutional capacity.

************************************************************************
************
Provisional Committee on Proposals Related to a WIPO Development
Agenda (PCDA)

Proposal by Chile

Proposal 1:  Appraisal of the public domain

The public domain can be seen as a resource freely available to all
members of society without the need for authorization or payment of a
license, in contrast to the property subject to intellectual property
rights, regulated by one or more holders of those rights.

The public domain is of crucial importance for researchers,
academics, teachers, artists, authors and enterprises, which require
a rich base of content for their new creations, as well as for those
institutions, the function of which is to preserve or disseminate
knowledge, such as universities, research centers, libraries,
information services, archives and museums.

Thus, teachers may prepare materials for their classes, educational
institutions may publish texts which are richer in content,
researchers may build on existing works, journalists have access to
information to enrich knowledge and public discourse, and training
industries adapt and recreate works for new audiences.

The capacity of the public domain to increase the availability and
dissemination of knowledge has been recognized by the international
community, through different declarations and recommendations,
especially within the sphere of the United Nations which recognizes
the importance of the public domain, especially in the light of
digital technologies and the Internet which facilitate the
dissemination and distribution of knowledge for all.

The following should be mentioned:

(a)=09Resolution 29 C/28 of the General Conference of the United
Nations Educational, Scientific and Cultural Organization (UNESCO) in
1997, which calls for what needs to be done in order to =93facilitate
access to information in the public domain with the ultimate aim of
building up a general electronic repository of all the information of
a public nature relevant to UNESCO=92s fields of competence=94;

(b)=09The UNESCO Universal Declaration on Cultural Diversity, adopted
by the
thirty-first session of the UNESCO General Conference, on November 2,
2001, which in its main lines asserts that States agree with the aim
of =93encouraging universal access through the global network to all
information in the public domain=94.

(c)=09The =93Recommendation concerning the Promotion and Use of
Multilingualism and Universal Access to Cyberspace=94, adopted by the
UNESCO General Conference in November 2003;

(d)=09The Declaration of Principles of the First World Summit on the
Information Society, Article 26 of which States:  =93a rich public
domain is an essential element for the growth of the Information
Society, creating multiple benefits such as an educated public, new
jobs, innovation, business opportunities, and the advancement of
sciences.  Information in the public domain should be easily
accessible to support the Information Society, and protected from
misappropriation [=85]=94, and;

(e)=09the Action Plan of the 2003 World Summit on the Information
Society (WSIS), which states the need to =93develop policy guidelines
for the development and promotion of public domain information as an
important international instrument promoting public access to
information=94.

In this context, and recognizing that the public domain is
fundamental for ensuring access to knowledge and promoting the
creative processes of innovation, we consider that WIPO should (i)
deepen the analysis of the implications and benefits of a rich and
accessible public domain, (ii) draw up proposals and models for the
protection and identification of, and access to, the contents of the
public domain, and (iii) consider the protection of the public domain
within WIPO=92s normative processes.

Proposal 2:  Importance of complementary systems to and in
intellectual property

=09Creative activity is the result of human effort in the context of a
multiple structure of economic, personal and social incentives.  In
relation to economic incentives, intellectual property rights are
undoubtedly of the greatest relevance.  However, it should be stated
that other policy instruments also exist, which are available to
member countries for this purpose.  These economic policy instruments
have proven to be of great use in the success and enrichment of
creative and inventive activity, as well as for the dissemination and
transfer of technology.  They include competitions, tax benefits,
direct contributions, work commissions and public procurement.

=09In addition, it should be considered that the specific intellectual
property system enables creators and innovators, and also
rightsholders in general, to implement various models for the
dissemination or exploitation of creations or innovations, such as
open licensing systems.  Within such creations or innovations, the
expansion of free software and other open licenses such as Creative
Commons suggests the need to identify, study and disseminate the
licensing options which co-exist within the intellectual property
system.

=09Consequently, we propose that WIPO should set up a permanent area
for analysis and discussion of incentives promoting creative
activity, innovation and technology transfer in addition to the
intellectual property system and, within this system, emerging
exploitation models.

Proposal 3:  Study for assessing what are the appropriate levels of
intellectual property, considering the particular situation in each
country, specifically its degree of development and institutional
capacity

=09Most of the proposals relating to the implementation of studies
submitted to the Third Inter-Sessional Intergovernmental Meeting on a
Development Agenda for WIPO have referred to particular and specific
aspects of intellectual property .  Although those proposals are
valuable, we believe that any study conducted in relation to the
development dimension should be such that its ultimate aim is not
only to demonstrate the benefits and impact of intellectual property
systems.  It should also identify what the costs are and, in turn,
the most recommendable or appropriate levels of protection of
intellectual property rights, taking into account the degree of
development and particular social and cultural situation in a
country, based on the minimum standard established by the Agreement
on Trade-Related Aspects of Intellectual Property (TRIPS).

=09The study should consider (1) the relationship between intellectual
property policies and competition policies;  (2) exceptions and
limitations to the intellectual property system, which facilitate the
implementation of innovation promotion and creation policies, based
on the comparison of national models;  and (3) the economic and
social effects of changes on protection levels.

=09Furthermore, we are aware that conducting a study of this scope
would not be without its difficulty, especially as relates to the
terms of reference, for which reason Chile considers that for the
study to be effective and achieve its aims it should have the
following characteristics:

(a)=09the terms of reference should be discussed by the Member States
of WIPO as part of a process that must be open, transparent, based on
participation and informed.

(b)=09It should be entrusted to an independent body, selected by means
of an international public bidding process that is open and transparent.

(c)=09The study should consider the contribution of multilateral bodies
such as the World Health Organization, UNESCO, the United Nations
Food and Agriculture Organization, the World Bank, etc.

(d)=09The study should be open so as to take account of comments from
civil society.

(e)=09The results of the study should be made known to the WIPO General
Assembly.

Thus, we propose the preparation of a study to assess what the
appropriate levels of intellectual property are, taking into account
the particular situation in each country, specifically its degree of
development and institutional capacity.  We believe that the value of
this proposal lies in the fact that it considers the open
participation of each of the Member States for its definition and
that it guarantees the impartiality of the study since it is
entrusted to an independent body.



************************************************
Manon Anne Ress
manon.ress@cptech.org,
www.cptech.org

Consumer Project on Technology
1621 Connecticut Ave, NW, Washington, DC 20009 USA
Tel.:  +1.202.332.2670, Ext 16 Fax: +1.202.332.2673

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

Consumer Project on Technology
24 Highbury Crescent, London, N5 1RX, UK
Tel: +44(0)207 226 6663 ex 252 Fax: +44(0)207 354 0607




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