Subject: FW: [CNI-(C)] WIPO backs Development Agenda, and new approaches to innovation and creativity
From: "Lawrence Rosen" <>
Date: Mon, 4 Oct 2004 18:04:10 -0700

 Mon, 4 Oct 2004 18:04:10 -0700
I apologize if you are reading this from multiple lists. This is an
important first step that will help the open source community. 

Lawrence Rosen 
Rosenlaw & Einschlag, technology law offices (
3001 King Ranch Road, Ukiah, CA 95482 
707-485-1242 * fax: 707-485-1243 

> -----Original Message-----
> From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-
>] On Behalf Of James Love
> Sent: Monday, October 04, 2004 12:15 PM
> To: CNI-COPYRIGHT -- Copyright & Intellectual Property
> Subject: [CNI-(C)] WIPO backs Development Agenda, and new approaches to
> innovation and creativity
> -------- Original Message --------
> Subject: WIPO backs Development Agenda, and new approaches to innovation
> and creativity
> Date: Mon, 04 Oct 2004 11:59:09 -0400
> From: James Love <>
> To:
> Over the past two years, there has been a growing movement to change
> WIPO as an institution.  This includes growing civil society
> participation in some of the WIPO committees, the summer 2003 request
> that WIPO hold a major meeting on open collaborative efforts to create
> public goods, two TACD meetings on the WIPO Work Program and the Future
> of WIPO, an August 2004 proposal by Argentina and Brazil to change the
> WIPO charter and adopt a new work program and development agenda, and
> the recent Geneva Declaration on the Future of WIPO.
> (see
> Today the WIPO General Assembly dramatically decided to advance the
> proposed "Development Agenda" for WIPO.  As evidenced by the document
> setting out the proposal (WO/GA/31/11), and the debate, the "Development
> Agenda" is really two things.  (1) a focus on the development aspects of
> intellectual property policy, and (2) a frontal challenge to the "more
> is better" approach to IP policies.  One element of the "Development
> Agenda" is a new Treaty on Access to Knowledge and Technology.  There
> are many other important elements.
> I would like to thank everyone who played an important role in the
> events that have caused a historic change in the WIPO culture and work
> program.  Below are two documents.  Today's WIPO Decision on Agenda item
> 12 (the Development Agenda), and a note sent to WIPO from the Civil
> Society Coalition regarding the proposed Treaty on Access to Knowledge
> and Technology.
>      Jamie Love <>
> --------------------------
> Agenda Item 12
> Following discussions, the General Assembly adopts the following decision:
> Recalling that the relationship between development and intellectual
> property has continuously been raised in several multilateral fora;
> Taking into account the activities carried out by WIPO in the area of
> development;
> Bearing in mind the internationally agreed development goals, including
> those in the United Nations Millennium Declaration, the Programme of
> Action for the Least Developed Countries for the Decade 2001-2010, the
> Monterey Consensus, the Johannesburg Declaration on Sustainable
> Development, the Declaration of Principles and the Plan of Action of the
> first phase of the World Summit on the Information Society and the Sao
> Paulo Consensus adopted at UNCTAD XI;
> (1) The General Assembly welcomes the initiative for a development
> agenda and notes the proposals contained in document WO/GA/31/11.
> (2) The General Assembly decides to convene inter-sessional
> intergovernmental meetings to examine the proposals contained in
> document WO/GA/31/11, as well as additional proposals of Member States.
> To the extent possible, the meetings will be convened in conjunction
> with the 2005 session of the Permanent Committee on Cooperation for
> Development Related to Intellectual Property. The meetings, open to all
> Member States, will prepare a report by July 30, 2005, for the
> consideration of the next General Assembly. WIPO-accredited IGOs and
> NGOs are invited to participate as observers in the meetings.
> (3) The International Bureau shall undertake immediate arrangements in
> order to organize with other relevant multilateral organizations,
> including UNCTAD, WHO and UNIDO, WTO, a joint international seminar on
> Intellectual Property and Development, open to the participation of all
> stakeholders, including NGOs, civil society and academia.
> (4) The General Assembly decides to include this issue in its September
> 2005 session.
> --------
> CSC statement-
> The Civil Society Coalition (CSC) represents twenty-six non-government
> organizations from twelve countries, North and South.  Our members are
> concerned with a wide range of issues that are relevant to WIPO,
> including access to medicine, access to knowledge, and better mechanisms
> to support creativity activity.  We thank WIPO for supporting our
> application for permanent NGO accreditation.  We look forward to
> contributing to the debate over the development agenda for WIPO, and in
> particular, the proposed Treaty on Access to Knowledge and Technology.
> We suggest this Treaty include provisions on topics such as the following:
> 1.	Implementation of Articles 4, 5, 6 and 7 of the Doha Declaration on
> TRIPS and Public Health,
> 2.	Implementation of Articles 7,8 and 40 of the TRIPS regarding the
> control of anticompetitive practices and the transfer of technology
> 3.	Global access to publicly funded research,
> 4.	Mechanisms to promote openness, including support for new open
> access
>   scholarly publishing models, open standards for software and Internet
> development, open databases, and other instruments of disseminating and
> transferring knowledge and technology, and other approaches that remove
> barriers to innovation, and support and empower collaborative approaches
> to innovation and creativity,
> 5.	Minimum exceptions to patent and copyright laws which are needed to
> protect the visually impaired, libraries, educators, consumers, and
> Internet technologies, and which facilitate follow-on creative
> activities and innovation by authors, performers, researchers and
> inventors, working both as individuals and within creative communities,
> 6.	Provisions in the Patent Cooperation Treaty to protect standards
> making organizations, and to better enable collaborative efforts to
> create public goods, such as databases or standards that will be free of
> patent claims.
> 7.	Mechanisms, such as those found in the Treaty of Europe, to promote
> technology transfer and scientific collaboration between richer and
> lesser developed member states,
> We note also there are important topics such as the misappropriation of
> social and public goods, both modern and traditional, concentrated
> ownership and control of knowledge, technology and biological resources,
> and unfair treatment of authors, inventors and other creative persons
> and communities, and new trade frameworks to support research and
> development that should be discussed.
> --
> James Love | Consumer Project on Technology
> |
> P.O. Box 19367, Washington, DC 200036
> voice +1.202.387.8030 | fax +
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