creative commons & world intellectual property organization lucinda jones wipo icommons summit...
TRANSCRIPT
Creative Commons &Creative Commons &World Intellectual Property World Intellectual Property
OrganizationOrganization
Lucinda Jones
WIPO
iCommons Summit 2005
Harvard Law School
June 26, 2005
WIPO - an introductionWIPO - an introduction World Intellectual Property Organization
– specialized agency of the United Nations (one of 16)specialized agency of the United Nations (one of 16)
– 182 Member States182 Member States
– Secretariat “International Bureau”Secretariat “International Bureau”
– 940 staff from 95 different countries940 staff from 95 different countries
– permanent and ad hoc committees (Standing permanent and ad hoc committees (Standing Committee on Copyright, Trademarks, Patents etc)Committee on Copyright, Trademarks, Patents etc)
– permanent and ad hoc observers permanent and ad hoc observers
WIPO’s mandateWIPO’s mandate Convention Establishing the World Intellectual Property
Organization (Stockholm, July 14, 1967)– entered into force in 1970, amended 1979entered into force in 1970, amended 1979– WIPO’s mission to “WIPO’s mission to “promote the protection of intellectual property promote the protection of intellectual property
throughout the world through cooperation among Statesthroughout the world through cooperation among States” in order to ” in order to encourage creativity and innovationencourage creativity and innovation
Agreement between the United Nations and WIPO (1974)
– WIPO’s purpose is the “WIPO’s purpose is the “promotion of creative intellectual activity and promotion of creative intellectual activity and the facilitation of the transfer of technology related to intellectual the facilitation of the transfer of technology related to intellectual property to the developing countries in order to accelerate economic, property to the developing countries in order to accelerate economic, social and cultural development”social and cultural development” (article 1) (article 1)
WIPO’s main activitiesWIPO’s main activities Normsetting
– treaty-making processes treaty-making processes Providing international IP services to private sector
– registration services for patents, trademarks and designsregistration services for patents, trademarks and designs
– dispute resolution (WIPO Arbitration & Mediation Center)dispute resolution (WIPO Arbitration & Mediation Center) Enhancing access to the IP system
– assists developing country members, as well as small and assists developing country members, as well as small and medium-sized enterprises to use IP as a tool for economic medium-sized enterprises to use IP as a tool for economic developmentdevelopment
– distance learning programs (WIPO Worldwide Academy)distance learning programs (WIPO Worldwide Academy)
– seminars, conferences, studies and documentsseminars, conferences, studies and documents
WIPO’s work on copyright developmentsWIPO’s work on copyright developments
Study on Limitations and Exceptions to Copyright and Related Rights in the Digital Environment
Study on Current Developments in the Field of Digital Rights Management
Guide on Surveying the Economic Contribution of the Copyright-Based Industries
Guide to the Copyright and Related Rights Treaties Administered by WIPO and Glossary of Copyright and Related Rights Terms
Survey on Implementation of the WCT and WPPT Task Force Group on Model Law for Copyright Studies on the Economic Impact of Database Protection in Developing
Countries and Countries in Transition
International IP policy-makingInternational IP policy-making Traditional treaty-making
– WIPO administers 23 international treaties WIPO administers 23 international treaties – 10-15 years to develop (fast-tracked 6 years)10-15 years to develop (fast-tracked 6 years)
Example - international copyright agreements:– Berne Convention for the Protection of Literary and Artistic Berne Convention for the Protection of Literary and Artistic
Works (1967/1971)Works (1967/1971)– Rome Convention for the Protection of Performers, Producers of Rome Convention for the Protection of Performers, Producers of
Phonograms & Broadcasting Organizations (1961)Phonograms & Broadcasting Organizations (1961)– TRIPS Agreement (1994) - WTOTRIPS Agreement (1994) - WTO– WIPO “Internet Treaties” - Copyright Treaty and Performances WIPO “Internet Treaties” - Copyright Treaty and Performances
and Phonograms Treaty (1996)and Phonograms Treaty (1996)
Balance in the IP systemBalance in the IP system
WIPO Copyright Treaty (WCT) 1996
negotiators recognized “the need to maintain a balance between negotiators recognized “the need to maintain a balance between the rights of authors and the larger public interest, particularly the rights of authors and the larger public interest, particularly education, research and access to information as reflected in the education, research and access to information as reflected in the Berne Convention” and also:Berne Convention” and also:
• the need to “provide adequate solutions to the questions raised by the new economic, social, cultural and technological developments”
• “the profound impact of the development and convergence of information and communication technologies on the creation and use of literary and artistic works”
• “the outstanding significance of copyright protection as an incentive for literary and artistic creation.”
Changes in IP policy-makingChanges in IP policy-making Information Society requires new speed and flexibility of policy-making
– flexible ‘soft law’ approachesflexible ‘soft law’ approaches joint recommendations (e.g., use of trademarks online)joint recommendations (e.g., use of trademarks online) Uniform Domain Name Dispute Resolution Policy (UDRP)Uniform Domain Name Dispute Resolution Policy (UDRP)
– new ways to reach out to global public (relations with civil society and new ways to reach out to global public (relations with civil society and NGOs, online delivery of information, interactive online fora, distance NGOs, online delivery of information, interactive online fora, distance learning)learning)
– still need to maintain traditional methods (regional meetings, mailed still need to maintain traditional methods (regional meetings, mailed documents) to reach all countriesdocuments) to reach all countries
– speed of technological change risks excluding some countries from speed of technological change risks excluding some countries from meaningful participation meaningful participation
– more cross-sectoral communication and collaboration among international more cross-sectoral communication and collaboration among international and national organizationsand national organizations
Changes in international Changes in international IP policy-making...IP policy-making...
New stakeholders
– greater public involvement in IP (as creators, greater public involvement in IP (as creators, distributors and consumers)distributors and consumers)
– greater value and investment in IP as intellectual capital greater value and investment in IP as intellectual capital in the knowledge societyin the knowledge society
Participation at WIPO
– only States can be Members per WIPO Conventiononly States can be Members per WIPO Convention
– traditionally open to non-State observerstraditionally open to non-State observers
– permanent observer status currently held by 172 permanent observer status currently held by 172 international NGOs, 65 IGOs and 10 national NGOsinternational NGOs, 65 IGOs and 10 national NGOs
Admission as a WIPO observerAdmission as a WIPO observer For International Non-governmental Organizations must provide (i) text of its constituent instrument (articles of incorporation, bylaws, must provide (i) text of its constituent instrument (articles of incorporation, bylaws,
etc.); (ii) indication of the date and place where established; (iii) list of officers etc.); (ii) indication of the date and place where established; (iii) list of officers (showing nationality); (iv) list of national groups or members (showing country of (showing nationality); (iv) list of national groups or members (showing country of origin); (v) description of composition of members of its governing bodies (including origin); (v) description of composition of members of its governing bodies (including geographical distribution); (vi) statement of objectives; (vii) indication of fields of geographical distribution); (vi) statement of objectives; (vii) indication of fields of intellectual property (e.g., copyright and related rights) of interest to it.intellectual property (e.g., copyright and related rights) of interest to it.
Principles observed for extending invitations to NGOs include:Principles observed for extending invitations to NGOs include:
– essentially concerned with IP matters and able to offer constructive substantive essentially concerned with IP matters and able to offer constructive substantive contributions to deliberationscontributions to deliberations
– aims and purposes conform with spirit, purposes and principles of WIPO and UNaims and purposes conform with spirit, purposes and principles of WIPO and UN
– authority to speak for its members through authorized representativesauthority to speak for its members through authorized representatives
– upon consultation between Member States and Secretariatupon consultation between Member States and Secretariat
Creative Commons & WIPOCreative Commons & WIPO WIPO’s Digital Agenda (1999), includes:
– Promote adjustment of the institutional framework for Promote adjustment of the institutional framework for facilitating the exploitation of IP in the public interest facilitating the exploitation of IP in the public interest in a global economy and on a global medium..in a global economy and on a global medium..
– Study and, where appropriate, respond in a timely and Study and, where appropriate, respond in a timely and effective manner to the need for practical meausres effective manner to the need for practical meausres designed to improve the management of cultural and designed to improve the management of cultural and other digital assets at the international level by, for other digital assets at the international level by, for example, investigating the desirability and efficacy of:example, investigating the desirability and efficacy of: model procedures and forms for global licensing of digital model procedures and forms for global licensing of digital
assets …assets …
Creative Commons & WIPOCreative Commons & WIPO
Future cooperation...– Training activities, raising awareness of Training activities, raising awareness of
licensing possibilities?licensing possibilities?– Gather information, case studies, articles?Gather information, case studies, articles?– Follow legal development of CC licenses?Follow legal development of CC licenses?
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