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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.




WSIS-IPR.ORG    WSIS CIVIL SOCIETY WORKING GROUP

WSIS-SI.ORG     WSIS CIVIL SOCIETY WORKING GROUP