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?