The global protection of intellectual property: in whose interests?
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The document discusses concerns about the current state of global intellectual property (IP) governance and its impact on access to knowledge and technology. It outlines how IP law has heavily favored right holders in recent decades. However, the Doha declaration and WIPO Development Agenda are seen as steps towards rebalancing IP law to also support public access, particularly for developing countries. The document advocates encouraging these processes to integrate development policy considerations into IP law and WIPO's activities.
The global protection of intellectual property: in whose interests?
- 1. Global governance of intellectual property – in whose interests? Dr Ian Brown, UCL
- 2. Geneva Declaration on the Future of WIPO “ Humanity faces a global crisis in the governance of knowledge, technology and culture. The crisis is manifest in many ways: Without access to essential medicines, millions suffer and die; Morally repugnant inequality of access to education, knowledge and technology undermines development and social cohesion… Concentrated ownership and control of knowledge, technology, biological resources and culture harm development, diversity and democratic institutions; Technological measures designed to enforce intellectual property rights in digital environments threaten core exceptions in copyright laws for disabled persons, libraries, educators, authors and consumers, and undermine privacy and freedom…”
- 3. World Intellectual Property Organisation Dates back to Paris Convention on Industrial Property of 1883 Administers patent, trademark, design, copyright, plant variety, integrated circuit, appellation, signals & Olympic symbol treaties Part of UN system since 1974: "to accelerate economic, social and cultural development." 181 members with equal votes “ Internet treaties” signed 1996 (Copyright Treaty, Performances and Phonograms Treaty)
- 4. WCT/WPPT problems “ I think a lot of people didn't realize that it would have this potential chilling effect on vulnerability research.” –Richard Clarke Use to enforce accessory controls (Lexmark, Aibo, Playstation) Rewriting the copyright bargain
- 5. Potential copyright problems Electronic book burning Reduced software diversity – security and competition risks Personal and national sovereignty Privacy
- 6. A trade-based approach “ Our experience with WIPO was the last straw in our attempt to operate by persuasion” – Pfizer General Counsel US multilateral, bilateral and unilateral negotiation “ Less than 50 individuals” responsible for a new US approach – US trade negotiator
- 7. World Trade Organisation Created out of Uruguay GATT round 1986—1994 TRIPS: Annex 1C of the Marrakesh Agreement establishing the WTO Heavy pressure from US and later the EU, Japan and Canada (the “quad”)
- 8. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Minimum patent term of 20 years, copyright term 50 years Greater coverage of states Severely limits compulsory licences Domestic enforcement standards International enforcement through trade sanctions
- 9. Corporate patent objectives “ Much of the tedious detail of patent law and administration becomes readily understandable when it is read in the light of three private purposes: To obtain monopoly control of any knowledge in any field that is likely to prove important to commerce in some way; To enable the formation of cartels; To reduce the costs to industry of obtaining patents.” –Peter Drahos
- 10. Access to essential medicines “ Effective medicines that dramatically increase the life expectancy of people living with AIDS became available in Europe and North America a decade ago. Today in the developing world 40 million people are infected with HIV. 6 million people need access to these same medicines NOW. Only 400,000 do. WIPO seems to embrace a culture of IP without sufficient regard for the social and health consequences… The IP system is a social policy tool that should benefit society as a whole. IP is a means to an end, not an end in itself. ” – Medicins San Frontieres
- 11. WTO “Development round” Current round of trade negotiations began in Doha during 2001, with a stated “development focus” Agreement on public health emergency in Africa allows import of generic HIV, tuberculosis and malaria medication under compulsory patent licences
- 12. Declaration on the TRIPS agreement and public health “ the Agreement can and should be interpreted and implemented in a manner supportive of WTO members' right to protect public health and, in particular, to promote access to medicines for all.” “ Each member has the right to grant compulsory licences and the freedom to determine the grounds upon which such licences are granted.”
- 13. Integrating intellectual property rights and development policy Final report of UK Commission on Intellectual Property Rights (2002): “ The intellectual property rights system, as a whole is less advantageous for developing than for developed countries in many areas of importance to development, such as health, agriculture, education and information technologies. The system increases the costs of access to many products and technologies that developing countries thus making poverty reduction more difficult. The extension of IP rights globally will diminish the degree of competition worldwide for many products and services leading to increased prices.”
- 14. Proposal for the Establishment of a Development Agenda for WIPO The Governments of Brazil and Argentina: “ Despite the important scientific and technological advances and promises of the 20th and early 21st centuries, in many areas a significant “knowledge gap” as well as a “digital divide” continue to separate the wealthy nations from the poor.” “ Development concerns should be fully incorporated into all WIPO activities. WIPO’s role, therefore, is not to be limited to the promotion of intellectual property protection.” “ WIPO should consider undertaking activities with a view to exploring the promise held by open collaborative projects to develop public goods, as exemplified by the Human Genome Project and Open Source Software.” Approved by WIPO General Assembly 4/10/04
- 15. Conclusions IP law swung heavily towards the interests of right holders during the 1980s and 1990s Doha declaration and WIPO Development Agenda are moving IP back towards balance You need to encourage these processes in your own countries!