FYI<br><br>---------- Forwarded message ----------<br><span class="gmail_quote">From: <b class="gmail_sendername">Ashraf Patel</b> <<a href="mailto:AshrafP@osisa.org">AshrafP@osisa.org</a>><br>Date: Feb 27, 2007 4:05 PM
<br>Subject: [Idlelo2] FW: [ipr] WIPO: Winds of Change<br>To: <a href="mailto:idlelo2@fossfa.net">idlelo2@fossfa.net</a><br><br></span><br><br>-----Original Message-----<br>From: <a href="mailto:owner-ipr@mailhost.soros.org">
owner-ipr@mailhost.soros.org</a> [mailto:<a href="mailto:owner-ipr@mailhost.soros.org">owner-ipr@mailhost.soros.org</a>]<br>On Behalf Of Vera Franz<br>Sent: Saturday, February 24, 2007 1:38 PM<br>To: <a href="mailto:ipr@mailhost.soros.org">
ipr@mailhost.soros.org</a><br>Subject: [ipr] WIPO: Winds of Change<br><br>The reform of WIPO, which many of us had first discussed at the TACD<br>Meeting in October 2003, made important progress here in Geneva<br>yesterday: As part of the Development Agenda process, Member States
<br>agreed that WIPO will have to take into account access to knowledge<br>concerns, such as the protection of the public domain and the control of<br>anti-competitive practices. WIPO might finally abonadon its vision of a
<br>maximalist IP regime.<br><br>More below, as well as at <a href="http://eff.org">eff.org</a>, <a href="http://eifl.net">eifl.net</a>, <a href="http://cptech.org">cptech.org</a><br><br><a href="http://www.huffingtonpost.com/james-love/wipo-embraces-reform-on-i_b_419">
http://www.huffingtonpost.com/james-love/wipo-embraces-reform-on-i_b_419</a><br>51.html<br><br>WIPO Embraces Reform on Intellectual Property Mission<br><<a href="http://www.huffingtonpost.com/james-love/wipo-embraces-reform-on-i_b_41">
http://www.huffingtonpost.com/james-love/wipo-embraces-reform-on-i_b_41</a><br>951.html><br>by JAMES LOVE<br><br>Geneva: Today the World Intellectual Property Organization (WIPO)<br>concluded the first of a two-part review of proposals for a reform
<br>effort called the "development agenda." In doing so, WIPO and its member<br>states have done something very positive, and surprising -- both because<br>it signals important reforms, and because it happened with very strong
<br>support from all of the WIPO members, including the United States and<br>members of Europe, delegations that usually take a hard line in global<br>negotiations on intellectual property issues.<br><br><<a href="http://ad.doubleclick.net/jump/huffingtonpost/blog/politics;nickname=ja">
http://ad.doubleclick.net/jump/huffingtonpost/blog/politics;nickname=ja</a><br>mes-love;entry_id=41951;United+States=1;European+Commission=1;Geneva=1;p<br>tile=2;sz=300x250;abr=!ie4;abr=!ie5;abr=!ie6;ord=123456789?><br>
<br>The negotiations have just broken up. This is our statement on the<br>outcome:<br><br>Knowledge Ecology International Statement on WIPO Development Agenda<br>negotiation<br><br>The agreement on dozens of WIPO reforms was broader and more substantive
<br>than had been anticipated. Some of the measures signal important changes<br>in this controversial UN body. WIPO members agreed to "consider the<br>preservation of the public domain within WIPO's normative processes and
<br>deepen the analysis of the implication and benefits of a rich and<br>accessible public domain." WIPO agreed to "promote measures that will<br>help countries deal with IP related anticompetitive practices."
<br>"Norm-setting activities shall . . . take into account different levels<br>of development" and "take into consideration a balance between costs and<br>benefits." WIPO adopted an expanded mandate to undertake studies to
<br>assess the economic, social and cultural impact of intellectual property<br>practices and norm setting activities. All of this signals a new tone<br>and approach for WIPO. In a sense, WIPO is finally entering the new<br>
century, and responding to the growing demand for reforms, and a more<br>balanced !<br> approach to intellectual property protection.<br><br>In some areas, however, the agreement was quite limited. The cluster<br>that included "access to knowledge," was quite thin, for example.
<br><br>In June, WIPO will look at a much more ambitious set of proposals, most<br>of which were opposed by the United States or the European Commission in<br>2005. The June meeting, which is expected to be much more difficult,
<br>will look at topics such as proposed treaty on access to knowledge -- a<br>startling departure from WIPO's longstanding efforts to focus largely on<br>expanding the scope and enforcement of intellectual property rights.
<br><br>This week's negotiation went far better than almost anyone had<br>anticipated, and many share the credit for the excellent outcome. The<br>United States government had greatly moderated its positions and tone,
<br>and was credited by many delegates for its constructive and open<br>approach to the negotiations on a topic for which the US is normally<br>considered a hard-liner. Several European States, including for example<br>the UK, Germany and Switzerland had worked hard to find ways to reaching
<br>consensus with key developing countries. Indian persistent efforts to<br>engage the US and European negotiators was helpful and effective.<br>Argentina and Brazil were among the countries that had pushed the<br>hardest for the reform agenda. Chile's leadership on the issue of the
<br>public domain was key. The contributions from the Africa Group were<br>excellent, including for example countries like South Africa. Very high<br>marks were given to Trevor Clarke, the impressive Chair of the meeting,
<br>who hails from Barbado!<br> s.<br><br>Many non-government organizations (NGOs) and experts have labored long<br>and hard on the development agenda negotiations, not all of which were<br>able to attend this meeting, which comes after at least seven WIPO
<br>meetings where this topic has been discussed. The contributions of the<br>(north and south, east and west) development, consumer, free software,<br>library and public interest groups working on technology issues were<br>
very important, and it has been a pleasure to work with all of them.<br><br>It is now time to turn our attentions to the June negotiations on the<br>next group of proposals for the development agenda, which go much<br>further, and present more controversy. It is also important to ensure
<br>that WIPO implements the new reforms. The first step is very important,<br>but it is a long journey.<br><br>Here are some quotes from others who are here:<br><br>(Indian Delegate)<br>"As a delegation we feel it is a very significant forward movement. The
<br>meeting concluded in a spirit of compromise and consensus. This augers<br>well for future deliberation which may lead to the finalization of a<br>development agenda for WIPO. It is imperative that the member states<br>
maintain this spirit in the next meeting of the PCDA."<br><br>(Nigerian Delegate)<br>"It has been a very long and tortuous route but we have at last come out<br>of the tunnel into the brilliant prospects of implementing the
<br>Development Agenda in WIPO."<br><br>Teresa Hackett (<a href="http://EIFL.NET">EIFL.NET</a>)<br>"The Chairman was breath of fresh air. After two years, it feels like<br>things are moving forward. The public domain received unexpected
<br>attention, but it gave us the opportunity to talk about why WIPO should<br>care about a rich and accessible public domain."<br><br>Miriam M. Nisbet (American Library Association) "Despite some confusing<br>and conflicting statements about the public domain, it has been
<br>gratifying to hear lively debates by the WIPO delegates that reinforce<br>the importance of the topic."<br><br>Ren Buchholz (Electronic Frontier Foundation) "WIPO made a refreshing<br>amount of progress this week. The excellent Chair kept things moving and
<br>Member States seemed happy to be hard at work. However, it's critical<br>that the spirit of this session is present at the June meeting. If<br>certain countries obstruct fair consideration of the rest of the<br>proposals -- and there are many -- we should not be surprised if this
<br>week's success suffers."<br><br>David Tannenbaum (Yale Information Society Project) "It is disorienting<br>to see such a breathtakingly good outcome come out of a process that was<br>largely closed. The language is very general and it will be important to
<br>use these principles to guide current and future treaty negotiations."<br><br>Cliffor Guimares (Brazilian Copyright Office) "The final results of the<br>discussions of the Annex A are positive. Group B showed some flexibility
<br>in order to reach an agreement. . The African Group devoted a lot of<br>effort to reaching agreement on technical assistance matters. Of course,<br>Annex A comprises only part of the negotiation. Brazil hopes that the
<br>spirit of cooperation and goodwill displayed in PCDA3 is extended to<br>PCDA4."<br><br>Iryna Kuchma (eIFL)<br>"It was my first participation at PCDA and it was a pleasure for me to<br>see the progress in the Development agenda. As an Eastern European the
<br>only pity I have is that other East European countries don't realize<br>that Development agenda will be as beneficial for them as for the<br>Friends of Development."<br><br>Malini Aisola (Knowledge Ecology International) "After many days of
<br>negotiations, I am glad that WIPO Member States were able to reach<br>decisions on Annex A proposals. This is surely a favorable first result<br>in the development agenda process. In order for the process to be<br>completed, it is crucial that member states rise to the challenging task
<br>of reaching consensus on the remaining proposals in the June meeting.<br>Witnessing the cooperation and collaboration of the nations at the PCDA<br>has been a valuable experience for me."<br><br>Eddan Katz (Yale Information Society Project) "This is an important
<br>moment for the recognition of the role of human development in<br>innovation. agreement on these principles will help us move forward in<br>promoting access to knowledge as a commitment for the whole world."<br><br>
(Senior member of the US delegation)<br>"We sensed a different atmosphere on both sides this time".<br><br>Vera Franz<br>"With this week's meeting we are a step closer to making WIPO fit for<br>the 21st century. Back in 2003 WIPO had argued that a meeting on open
<br>collaborative knowledge projects would fall outside the agency's<br>mandate. With today WIPO has put these issues firmly on its agenda,<br>acknowledging that in a healthy and competitive knowledge economy more<br>
IP is not always better. What is next? These changes will have to impact<br>future norm-setting at the agency."<br><br>Thiru Balasubramaniam (Knowledge Ecology International) "The Chair,<br>Ambassador Trevor Clarke of Barbados, steered the helm of the
<br>Development Agenda process with judicious authority rejuvenating hopes<br>that WIPO can mainstream public interest concerns into its core mandate.<br>Kudos to Pakistan, Chile, India, Brazil, South Africa and the United
<br>States for their spirit of cooperation and goodwill It was refreshing to<br>hear WIPO Member States laud the value of the public domain. Crunch time<br>begins in June where proposals detailing an elaboration of a Treaty on
<br>Access to Knowledge and a Medical R&D Treaty will be discussed."<br><br><<a href="http://www.huffingtonpost.com/james-love/wipo-embraces-reform-on-i_b_41">http://www.huffingtonpost.com/james-love/wipo-embraces-reform-on-i_b_41
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