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International developments in International developments in Intellectual propertyIntellectual property
Denise Nicholson
SA Representative for eIFL.net
and
Copyright Services Librarian, University of the Witwatersrand, Jhb.
ZULC Open Access and Creating a Knowledge Society Conference Harare - 25th April 2006
What is Intellectual Property?What is Intellectual Property?
IP refers to creations of the mind
Two categories:
– Industrial property - inventions (patents), trademarks, industrial designs, and geographic indications of source
– Copyright - literary, artistic & musical works, films, sound recordings & computer programs. Rights include those of performing artists, producers and broadcasters
Why international IP Why international IP developments are importantdevelopments are important
Copyright law characterized by international nature
National laws come from international treaties and
agreements
Librarians need to be vocal in international law-making
bodies
Without input from librarians and educators, laws could
be too restrictive!
Key international organizationsKey international organizations
The World Intellectual Property Organization (WIPO) (www.wipo.int)
The World Trade Organization (WTO) (www.wto.org)
WIPO Development AgendaWIPO Development Agenda
WIPO is a UN Agency - funded by international patent system.
WIPO’s decisions have huge impact on developing countries
Geneva Declaration on the Future of WIPO – WIPO Development Agenda – proposed by Chile and
Argentina – supported by 12 other developing countries, civil societies, etc.
WIPO Development Agenda WIPO Development Agenda (cont’d)(cont’d)
IP protection has become an end in itselfAgenda aims to re-orient WIPO to its original goal to
promote intellectual creativityWIPO obliged to facilitate and implement wider
development perspective of the UN Millennium DeclarationHas mandate to facilitate transfer of technology and
capacity building in developing countries
WIPO’s approach to AgendaWIPO’s approach to Agenda
Special intergovernmental meetings (IIMs)
Consensus blocked by U.S. and Japan
2005 Assembly agreed to 2 meetings in 2006 (one in
February; one in June)
Proposal by Chile on the public domain
Discussion of proposals by African Group
Draft Treaty on Draft Treaty on Access to Knowledge (A2K)Access to Knowledge (A2K)
FOD’s initiative to counterbalance current IP trends
Civil societies drafted A2K Treaty, which would - Redress imbalance Provide guaranteed minimum levels of exceptions and
limitations; Provide checks and balances between rights holders
and consumers; Support and promote new business models of open
access & open source software;A2K Conference – April 2006
Intellectual property in AfricaIntellectual property in Africa
Priorities differ
Western copyright vs. collective ownership
Outdated copyright laws restrict access
Co-operative between WIPO and ARIPO, OAPI & African Regional Centre for Technology (industrial property)
No copyright co-operation in Africa until recently
Few Rights Organizations function properly
Copyright laws are not balanced
Current laws fail to address needs of education, libraries & the sensory-disabled
Copyright – Copyright – a barrier to educationa barrier to education
Problems with accessing information –
Music lecturerDistance learner
Blind studentDeaf student
Librarian
Copyright – a barrier (cont’d)Copyright – a barrier (cont’d)
Nursing sisterLiteracy facilitator
Rural teacher
Access to knowledge and cultural treasures
Restricted!
Benefit or burden?Benefit or burden?
Is copyright working? Yes – for developed countries
Sophisticated income-protection mechanism
Low royalties for authors – what incentives?
Scholarly authors have to assign copyright
Educational institutions pay over and over
Bulk of works used are from abroad
Bulk of royalties paid to foreign rights-owners
Benefit or burden? Benefit or burden? (cont’d)(cont’d)
Copyright infringement – not generally with criminal intent
Communities cannot afford to buy works
Need the information to become educated
The stricter the law, the more infringements
TRIPS AgreementTRIPS Agreement
TRIPS ties copyright into global trading system Emerged from Uruguay Round on Tariffs and Trade
(GATT)First comprehensive IP agreement ever executed by
world’s trading nationsMinimum standards and legal flexibilitiesDeveloping countries have until end 2006 to become
TRIPS compliant in domestic lawsLDC’s have until 2016
Copyright and Trade:Copyright and Trade:Free Trade AgreementsFree Trade Agreements
“A Free Trade Agreement is a contractual arrangement which establishes unimpeded exchange and flow of goods and services between trading partners regardless of national borders.”(www.fedex.com/ca_english/shippingguide/glossary.html)
It contains an IP Chapter, the “TRIPS Plus”, which far exceeds minimum requirements of international IP Agreements
Behind closed doorsBehind closed doors
TRIPS-PlusTRIPS-Plus
TRIPS-Plus + Expanded TRIPS Agreement
Provisions far exceed international minimum standards
U.S. Digital Millennium Agenda and Sonny Bono
Copyright Act extended beyond its borders
Goes to heart of education, development and economic
policies of developing countries
Impact of TRIPS-PlusImpact of TRIPS-Plus
Extra 20 years copyright protection
Distorts traditional balance of interests
Has serious affects on – Education
Research
General access to information and knowledge
Development policies
Outflow of currency – huge economic burden
Shrinks the public domain
Vibrant public domain necessary for new creations
Rights owners control from the grave!
TRIPS Plus & Public healthTRIPS Plus & Public health
DOHA Declaration
TRIPS must support countries’ public health objectives
CIPR encouraged compulsory licensing & generic competition
TRIPS-Plus erodes TRIPS exceptions
Limits generic competition & restricts exports
Expands patent protection
Restricts exclusion of inventions for patentability
Public health and millions of lives at risk
African countries must adopt DOHA and TRIPS flexibilities
Anti-circumvention technologiesAnti-circumvention technologies(DRMs)(DRMs)
Exceed WIPO obligations
Eliminate fair use and stifle research
Block text-to-speech software
Create monopolies over devices that
handle digital media
Lock up indigenous knowledge
Affect software industries & open access
Regulate Internet Service Providers (ISPs)
Should Africa adopt TRIPS-Plus?Should Africa adopt TRIPS-Plus?
No – it would affect fair use, legitimate library and
archival functions and research
Compromises public health & development policies
Undermines democracy and national sovereignty
Contradicts the will of the public
Legal flexibilities would be overridden
Far less access to global knowledge
IP cannot be an end in itself
Rather support Development Agenda and A2K Treaty
Copyright initiatives Copyright initiatives
eIFL.IP - www.eifl.net
Commonwealth of Learning – www.col.org
COL Copyright Document = www.col.org/programmes/infoknowledge/CopyrightDoc_200505.pdf
SARDEC - www.sardec.org.bw/
More copyright initiatives More copyright initiatives
ACAIA - www.nlu.go.ug/acfconf.htm (own website will be created)
African Digital Commons - www.commons-sense.org/
Creative Commons - www.creativecommons.org and new website – icommons.org
Why should Why should librarians be concerned?librarians be concerned?
Committed to freedom of access to information and free flow of information
Support balanced copyright
Restrictive copyright laws impact on their core business
Challenges & RecommendationsChallenges & Recommendations
Librarians must -
Take up the challenge!
Must organize and mobilize at all levels
Must lobby national governments to – – review copyright laws and adopt legal flexibilities;
– resist TRIPS Plus
– support WIPO Development Agenda, A2K and other initiatives
Challenges and Challenges and Recommendations (cont’d)Recommendations (cont’d)
Restore the balance
Consider legislation for “Orphan Works”
Open public-funded research to the public
Establish alliances with international organizations
Work together to find a copyright solution for Africa
Let’s start right now!!
Thank YouThank You
Denise Rosemary NicholsonSA Representative for eIFL.net
and
Copyright Services Librarian,
University of the Witwatersrand, Johannesburg, S.A. [email protected]
Phone: +27 11 7171929 – Fax: +27 11 403-1421www.wits.ac.za/library/services/copyright