IPR GROUP CONTRIBUTION
26 February 2003 PrepCom2 Working Group Meeting
Convenor : Dr. Francis MUGUET
The IPR thematic Working Group was not granted
enough time to see included
in the observers' contribution recommandations related to the
Draft Declaration of Principles.
However, most IPR WG contributions to the Action Plan
have been included, either in words or in spirit,
in the Civil Society Observers' contribution, to the exception of
the recommandations higlighted in
Red
INTELLECTUAL PROPERTY
COPYRIGHTS - PATENTS - TRADEMARKS
Key principles :
- Respect and protection of author's rights, whether the
author is a for profit author or a give-away author.
- Respect and protection of inventor's rights,
specifically of low-income inventors.
- Need for a redefinition of IPRs
- Redefine IPRs that are technically enforceable
without undue invasion of privacy
- Prevent any delegation of judicial power outside
courts of law in relationship with intellectual property conflicts.
- Need for a fair balance between the
economical interests of IPRs
owners and the crucial need to share information
Action lines
- Encourage authors to retain ownership of their intellectual
property and not to automatically transfer copyrights to publishers or
other intermediaries.
- Encourage publishers to stick to their primary technical mission of
editing, distributing and printing, and to develop
suitable business models.
- Discourage publishers from being IPRs traders and resellers.
- Compilation work done in building databases shall not be protected
under copyright law.
- The right of Internet hyperlinking, framing and mirroring
shall be not restricted, under the provision that the name and URL of
the original site is properly indicated and acknowledged.
- Free modification and adaptation
of a copyrighted web page shall be permitted for personal non commercial
use as a mean of free speech.
- Rules of loans existing in traditionnal libraries should be extended without
hindrance to digital media belonging to online libraries
- Use of Peer to peer technology shall be promoted to share
public domain
intellectual property. ( not just scientific data ).
- No implicit or explicit delegation of judicial power should be given
or imposed on Internet Services Providers ISPs ( Connection, site hosting )
to the effect that the ISPs have to reach a conclusion on the nature and content of
any information, whereever said information is stored, however the
said information is transmitted. No exemption to this rule shall be
allowed, even in the case of an alledged obviousness.
- Use and contribution to Open Access content is strongly encouraged
- A specific status concerning transition countries shall be recognized
in regards to IPRs.
- Recommend that the governance of worlwide IPRs issues should be
returned to the WIPO, as the IPRs are not usual merchandises suitable
to be treated by the WTO.
- Business methods shall not be
protected by patent laws.
- Software shall not be patenteable, in principle.
- Recommand that a first to invent instead
a first to file patent application rule shall be adopted,
in order to better preserve the rights of academic scientists and
low-income inventors,
- Recommend that properly designed IPRs to promote and
protect economical development in transition countries.
-
Compulsory patent licences shall be demanded in order to distribute or
manufacture drugs in countries where an health emergency situation
has been declared by the UN or a UN agency. Terms of said compulsory
licences shall be enacted and enforced directly by the UN or a UN agency,
in case no legal action has been taken by a local governement for fear of WTO
retributions.
- Recognize the need for a legal protection of traditionnal knowledge
- Recommend that generic domain names
shall not be subject, in any way, to trademarks laws.
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