[kictanet] Fwd: [Idlelo2] FW: [ipr] WIPO: Winds of Change

Tue Feb 27 17:47:10 EAT 2007

FYI

---------- Forwarded message ----------
From: Ashraf Patel <AshrafP at osisa.org>
Date: Feb 27, 2007 4:05 PM
Subject: [Idlelo2] FW: [ipr] WIPO: Winds of Change
To: idlelo2 at fossfa.net

-----Original Message-----
From: owner-ipr at mailhost.soros.org [mailto:owner-ipr at mailhost.soros.org]
On Behalf Of Vera Franz
Sent: Saturday, February 24, 2007 1:38 PM
To: ipr at mailhost.soros.org
Subject: [ipr] WIPO: Winds of Change

The reform of WIPO, which many of us had first discussed at the TACD
Meeting in October 2003, made important progress here in Geneva
yesterday: As part of the Development Agenda process, Member States
agreed that WIPO will have to take into account access to knowledge
concerns, such as the protection of the public domain and the control of
anti-competitive practices. WIPO might finally abonadon its vision of a
maximalist IP regime.

More below, as well as at eff.org, eifl.net, cptech.org

http://www.huffingtonpost.com/james-love/wipo-embraces-reform-on-i_b_419
51.html

WIPO Embraces Reform on Intellectual Property Mission
<http://www.huffingtonpost.com/james-love/wipo-embraces-reform-on-i_b_41
951.html>
by JAMES LOVE

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.

<http://ad.doubleclick.net/jump/huffingtonpost/blog/politics;nickname=ja
mes-love;entry_id=41951;United+States=1;European+Commission=1;Geneva=1;p
tile=2;sz=300x250;abr=!ie4;abr=!ie5;abr=!ie6;ord=123456789?>

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

Knowledge Ecology International Statement on WIPO Development Agenda
negotiation

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 Barbado!
s.

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 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."

<http://www.huffingtonpost.com/james-love/wipo-embraces-reform-on-i_b_41
951.html>

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