[DMCA-Activists] AP on WIPO/Geneva Declaration

[Seth Johnson]

-------- Original Message --------
Subject: [Random-bits] AP on WIPO debate
Date: Thu, 30 Sep 2004 04:06:20 -0400
From: James Love <address@hidden>
To: address@hidden

For background on issue, see: 
http://www.cptech.org/ip/wipo/genevadeclaration.html

AP story:
http://english.daralhayat.com/business/09-2004/Article-20040929-4b0e450b-c0a8-01ed-002c-03ff9bccd5b7/story.html

UN to Relax Protection for Intellectual Property to Help
Developing  Countries

       AP     2004/09/29

Geneva

The United Nations should relax protection for owners of
copyright,  patents and trademarks and pay more attention to the
interests and needs  of developing countries, a group of
activists said today.   

Five hundred scientists, economists, legal experts and consumer 
activists have signed a statement lending support to a proposal
by a  group of developing countries to the UN body that oversees
intellectual  property, the World Intellectual Property
Organization.

"This development agenda would involve a moratorium on the
negotiation  of new treaties that hike intellectual property
protections, and  redirecting the agency to a range of
initiatives more responsive to  development and the concerns of
WIPO's critics," the signatories said in  a statement.

WIPO's mission statement says it is "dedicated to helping to
ensure that  the rights of creators and owners of intellectual
property are protected  worldwide ... This international
protection acts as a spur to human  creativity."

But campaigners claim WIPO, a specialist agency based in Geneva,
is  blinkered and is only directed toward protecting the rich.
They say  intellectual property protection should be a means to
promote innovation  and creativity rather than an end in itself,
and that WIPO must evaluate  the economic and social benefits of
protection rather than just  enforcing the law.

For instance, the agency's copyright treaty, which came into
force in  2002, includes technological protection measures which
preclude "fair  use of educational learning tools," harming the
interests of developing  countries, said Thiru Balasubramaniam,
Geneva representative of the  Washington-based Consumer Project
on Technology.

"In a lot of (WIPO) treaties, the U.S. norm becomes the
standard,"  Balasubramaniam said.

Brazil and Argentina tabled the development proposal, which is
being  discussed at WIPO's general assembly this week. It calls
on the agency  to consider the broad development goals of the
United Nations and not to  limit itself to increasing protection
for intellectual property.

If accepted by WIPO's 181 member states, the proposal could lead
to a  change in the agency's constitution.

"Today many developing countries are concerned that they have to
adhere  to patent or copyright levels ... that are excessively
high," said  Martin Khor of Third World Network, a nonprofit
organization which  promotes the interests of developing
countries. "This is the right time  to reconsider the role of
WIPO."

Other developing countries such as Iran, Kenya, South Africa and 
Venezuela are expected to support the proposal.

"WIPO is working to maintain a balance between the interests of
the  holders of intellectual property rights and those of the
public at  large," WIPO spokeswoman Samar Shamoon said.

"The WIPO secretariat is entirely neutral on all proposals that
are  presented by its member states for discussion," Shamoon told
The  Associated Press, adding that "any decision taken by the
member states  will be followed-up by the secretariat."

Most rich countries claim there is no need to discuss the
development  agenda, said Julia Oliva of the Washington-based
Center for  International Environmental Law.

There should be greater balance between the interests of poorer 
countries and the owners of intellectual property, Oliva said.
"This  balance is being skewed."

Since 1997, WIPO has introduced several measures which help to
protect  the interests of developing countries. These include
creating a  department concerned with rules for small and medium
enterprises and new  rules on the protection of traditional
knowledge and folklore, issues of  particular importance to the
Third World.

-- 

James Love | Consumer Project on Technology
http://www.cptech.org | mailto:address@hidden
P.O. Box 19367, Washington, DC 200036
voice +1.202.387.8030 | fax +1.202.234.5176
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