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