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Access to Knowledge
Copyright, Patents and Politics at the World
Intellectual Property Organisation
Contents:
● Pt. 1: Access to Knowledge
– why is Access to Knowledge important?
– criticising “Intellectual Property”
– A Treaty on Access to Knowledge
● Pt. 2: Promoting Access to Knowledge at WIPO
– what is WIPO?
– how to promote Access to Knowledge at WIPO
– a first step: A Development Agenda for WIPO
– FSF Europe's work at WIPO
● Conclusion
What is Access to Knowledge?
● Knowledge: Any cultural technique.
– music
– medicines
– science
– software
● thanks to digital technology, knowledge can be easily
distributed
● ==> the Access to Knowledge perspective values access
over protection of monopolies.
Access to Knowledge and
Culture● without knowledge, taking part in culture is impossible
– education
– literature
– software
● culture grows on a common ground of knowledge
● restrictions to access hurt all of us
– less personal freedom
– less growth, cultural and economic
Access to Knowledge and
Development● developing countries suffer from access restrictions
– no money to buy licenses for educational texts
– no money to pay for vital medicines
● restrictions block development
● what is good for developing countries is good for us too
– generous fair use
– alternative licensing models
How is Access to Knowledge
regulated?● copyright / author's rights
– give economic and moral privileges to the creator of a
work
– duration now: 70 years (Germany)
– are being continuously tightened
● patents
– give exclusivity in exchange for publishing
– duration now: 20 years (Germany)
“Intellectual Property”?
● Propaganda: “intellectual property” does not equal material
property
● Ignorant: copyright and patents are just tools
● Imprecise: mixes together very different areas of law
● evokes fears of material loss, hides possibility of lossless
sharing
● say it like it is: monopoly privileges
The objective: A Treaty on
Access to Knowledge● to defend our cultures from being strangled by rightsholder's
greed
● to put public interest before private profit
● create a legal base to protect cultural freedom
● “TRIPS in reverse”
TRIPS vs. Access to
Knowledge
● sets minimum standard for
monopoly protection
– enables stricter
monopoly protection
(“TRIPS-plus”)
● sets minimum durations for
copyright, patents
● enumerates required
protection mechanisms
● sets minimum standard for
Access to Knowledge
– disables stricter
monopoly protection
● sets maximum durations for
copyright, patents
● enumerates required
freedoms
Pt. 1 – Summary
● Access to Knowledge is essential for culture and
development
● “intellectual property” really consists of monopoly privileges
● We need a Treaty on Access to Knowledge to protect
cultural freedom and to counter TRIPS
How to promote Access to
Knowledge?● talking to rightsholders
● talking to lawmakers
● changing the framework
– working where the regulations are made
● ==> WIPO
The World Intellectual Property
Organisation (WIPO)● a specialised UN agency administering treaties on
monopolies on ideas
● grew from offices administering the Paris and Berne
conventions („BIRPI“)
● Mandate: „To promote the protection of
intellectual property throughout the world“
What does WIPO do?
● drafts and administers international treaties
intellectual monopoly rights
● „technical assistance“: Promotes enforcement of
intellectual monopoly rights in developing
countries
– costs scarce resources
– WIPO officials often forget to mention treaty
flexibilities
● but WIPO only sets the framework, which
member states then implement
Important tasks for
WIPO● put public good before individual profit
● stop TRIPS-plus treaties (eg. broadcasting treaty)
● shorten copyright duration
● limits on patentability (software, medicines, life...)
● stop criminalisation of copyright infringement
A first step: A Development
Agenda for WIPO● “Friends of Development” group of states demands that
WIPO should take into account how its work affects
development
● effectively: A call to reform WIPO
● Development Agenda was submitted at the end of 2004
● has since been discussed in several meetings
Development Agenda:
Objectives and supporters● Public interest should be more important than monopoly
rights
● WIPO should safeguard public interest flexibilities
● WIPO must promote technology transfer
● Independent review of WIPO's work
● supported by Argentina, Bolivia, Brazil, Cuba, the
Dominican Republic, Ecuador, Egypt, Iran, Kenya,
Peru, Sierra Leone, South Africa, Tanzania and
Venezuela, plus India
Development Agenda:
Perspectives● until now: talks about talks
– blocking strategy by rich countries
● next year: two more meetings, recommendation to WIPO's
General Assembly
● debate about Access to Knowledge has reached UN level
● may contribute to a future Treaty on Access to Knowledge
FSF Europe's work at WIPO
● Free Software is essential for Access to Knowledge
● inform country, industry delegates about Free Software
● improve legal conditions for Free Software
● get Free Software into WIPO's development work by default
● connect with other NGOs
● turn WIPO into a World Intellectual Wealth Organisation
Pt 2. - Summary
● WIPO holds the key to international treaties on intellectual
monopoly rights – and on Access to Knowledge
● The Development Agenda is a first step towards WIPO
reform
● FSF Europe and others work to turn WIPO into a World
Intellectual Wealth Organisation
What can you do?
● stay informed. Read. Discuss.
● Lobby politicians and businesses
● criticise the concept of „intellectual property“
● pick your favourite public interest NGO and support it.
– Free Software Foundation Europe: Become a Fellow
● promote alternative models: Create and use Free Software
and free content
● explain the problem to two friends.
Thank you.
Questions?
www.fsfeurope.org
www.fsfe.org