[Random-bits] WIPO embraces reform on intellectual property mission

[James Packard Love]

http://www.huffingtonpost.com/james-love/wipo-embraces-reform-on- 
i_b_41951.html

February 23, 2007
The Huffington Post
James Love
WIPO embraces reform on intellectual property mission

Geneva: Today the World Intellectual Property Organization (WIPO)  
concluded the first of a two-part review of proposals for a reform  
effort called the "development agenda." In doing so, WIPO and its  
member states have done something very positive, and surprising --  
both because it signals important reforms, and because it happened  
with very strong support from all of the WIPO members, including the  
United States and members of Europe, delegations that usually take a  
hard line in global negotiations on intellectual property issues.

The negotiations have just broken up. This is our statement on the  
outcome:

The agreement on dozens of WIPO reforms was broader and more  
substantive than had been anticipated. Some of the measures signal  
important changes in this controversial UN body. WIPO members agreed  
to "consider the preservation of the public domain within WIPO's  
normative processes and deepen the analysis of the implication and  
benefits of a rich and accessible public domain." WIPO agreed to  
"promote measures that will help countries deal with IP related  
anticompetitive practices." "Norm-setting activities shall . . . take  
into account different levels of development" and "take into  
consideration a balance between costs and benefits." WIPO adopted an  
expanded mandate to undertake studies to assess the economic, social  
and cultural impact of intellectual property practices and norm  
setting activities. All of this signals a new tone and approach for  
WIPO. In a sense, WIPO is finally entering the new century, and  
responding to the growing demand for reforms, and a more balanced  
approach to intellectual property protection.

In some areas, however, the agreement was quite limited. The cluster  
that included "access to knowledge," was quite thin, for example.

In June, WIPO will look at a much more ambitious set of proposals,  
most of which were opposed by the United States or the European  
Commission in 2005. The June meeting, which is expected to be much  
more difficult, will look at topics such as proposed treaty on access  
to knowledge -- a startling departure from WIPO's longstanding  
efforts to focus largely on expanding the scope and enforcement of  
intellectual property rights.

This week's negotiation went far better than almost anyone had  
anticipated, and many share the credit for the excellent outcome. The  
United States government had greatly moderated its positions and  
tone, and was credited by many delegates for its constructive and  
open approach to the negotiations on a topic for which the US is  
normally considered a hard-liner. Several European States, including  
for example the UK, Germany and Switzerland had worked hard to find  
ways to reaching consensus with key developing countries. Indian  
persistent efforts to engage the US and European negotiators was  
helpful and effective. Argentina and Brazil were among the countries  
that had pushed the hardest for the reform agenda. Chile's leadership  
on the issue of the public domain was key. The contributions from the  
Africa Group were excellent, including for example countries like  
South Africa. Very high marks were given to Trevor Clarke, the  
impressive Chair of the meeting, who hails from Barbados.

Many non-government organizations (NGOs) and experts have labored  
long and hard on the development agenda negotiations, not all of  
which were able to attend this meeting, which comes after at least  
seven WIPO meetings where this topic has been discussed. The  
contributions of the (north and south, east and west) development,  
consumer, free software, library and public interest groups working  
on technology issues were very important, and it has been a pleasure  
to work with all of them.

It is now time to turn our attentions to the June negotiations on the  
next group of proposals for the development agenda, which go much  
further, and present more controversy. It is also important to ensure  
that WIPO implements the new reforms. The first step is very  
important, but it is a long journey.

Here are some quotes from others who are here:

(Indian Delegate)
"As a delegation we feel it is a very significant forward movement.  
The meeting concluded in a spirit of compromise and consensus. This  
augers well for future deliberation which may lead to the  
finalization of a development agenda for WIPO. It is imperative that  
the member states maintain this spirit in the next meeting of the PCDA."

(Nigerian Delegate)
"It has been a very long and tortuous route but we have at last come  
out of the tunnel into the brilliant prospects of implementing the  
Development Agenda in WIPO."

Teresa Hackett (EIFL.NET)
"The Chairman was breath of fresh air. After two years, it feels like  
things are moving forward. The public domain received unexpected  
attention, but it gave us the opportunity to talk about why WIPO  
should care about a rich and accessible public domain."

Miriam M. Nisbet (American Library Association)
"Despite some confusing and conflicting statements about the public  
domain, it has been gratifying to hear lively debates by the WIPO  
delegates that reinforce the importance of the topic."

Ren Buchholz (Electronic Frontier Foundation)
"WIPO made a refreshing amount of progress this week. The excellent  
Chair kept things moving and Member States seemed happy to be hard at  
work. However, it's critical that the spirit of this session is  
present at the June meeting. If certain countries obstruct fair  
consideration of the rest of the proposals -- and there are many --  
we should not be surprised if this week's success suffers."

David Tannenbaum (Yale Information Society Project)
"It is disorienting to see such a breathtakingly good outcome come  
out of a process that was largely closed. The language is very  
general and it will be important to use these principles to guide  
current and future treaty negotiations."

Cliffor Guimares (Brazilian Copyright Office)
"The final results of the discussions of the Annex A are positive.  
Group B showed some flexibility in order to reach an agreement. . The  
African Group devoted a lot of effort to reaching agreement on  
technical assistance matters. Of course, Annex A comprises only part  
of the negotiation. Brazil hopes that the spirit of cooperation and  
goodwill displayed in PCDA3 is extended to PCDA4."

Iryna Kuchma (eIFL)
"It was my first participation at PCDA and it was a pleasure for me  
to see the progress in the Development agenda. As an Eastern European  
the only pity I have is that other East European countries don't  
realize that Development agenda will be as beneficial for them as for  
the Friends of Development."

Malini Aisola (Knowledge Ecology International)
"After many days of negotiations, I am glad that WIPO Member States  
were able to reach decisions on Annex A proposals. This is surely a  
favorable first result in the development agenda process. In order  
for the process to be completed, it is crucial that member states  
rise to the challenging task of reaching consensus on the remaining  
proposals in the June meeting. Witnessing the cooperation and  
collaboration of the nations at the PCDA has been a valuable  
experience for me."

Eddan Katz (Yale Information Society Project)
"This is an important moment for the recognition of the role of human  
development in innovation. agreement on these principles will help us  
move forward in promoting access to knowledge as a commitment for the  
whole world."

(Senior member of the US delegation)
"We sensed a different atmosphere on both sides this time".

Vera Franz
"With this week's meeting we are a step closer to making WIPO fit for  
the 21st century. Back in 2003 WIPO had argued that a meeting on open  
collaborative knowledge projects would fall outside the agency's  
mandate. With today WIPO has put these issues firmly on its agenda,  
acknowledging that in a healthy and competitive knowledge economy  
more IP is not always better. What is next? These changes will have  
to impact future norm-setting at the agency."

Thiru Balasubramaniam (Knowledge Ecology International)
"The Chair, Ambassador Trevor Clarke of Barbados, steered the helm of  
the Development Agenda process with judicious authority rejuvenating  
hopes that WIPO can make mainstream public interest concerns into its  
core mandate. Kudos to Pakistan, Chile, India, Brazil, South Africa  
and the United States for their spirit of cooperation and goodwill.  
It was refreshing to hear WIPO Member States laud the value of the  
public domain. Crunch time begins in June where proposals detailing  
an elaboration of a Treaty on Access to Knowledge and a Medical R&D  
Treaty will be discussed."


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James Packard Love
Knowledge Ecology International
http://www.keionline.org
james.love@keionline.org
Washington, DC +1.202.332.2670

"If everyone thinks the same: No one thinks." Bill Walton"