Internet is knowledge. Knowledge is power. Quick thoughts on the Internet revolution of access to knowledge
- by Enforcement of IPR... ACTA not the way to go
While rich nations negotiate the ACTA, developing countries are trying to bring a more common sense approach to discussions on IPR enforcement at the WIPO, as KEI reports:
The conclusions of the chair noted that the country papers of Pakistan, Brazil and Group B provided the impetus to the Chair to invite the Chief Economist of WIPO to respond to the questions of delegations “including with a view to the feasibility of undertaking an empirical assessment of the nature and extent of intellectual property infringements, and the availability of respective data”. As a result of negotiation, the 6th session of the WIPO ACE would consider the following:
“Developing on the substantive study contained in WIPO/ACE/5/6 [paper of WIPO Chief Economist, Carsten Fink], to analyze and discuss IPRs infringements in all its complexities by asking the Secretariat to undertake:
- A literature view of methodologies and gaps in the existing studies;
- Identification of different types of infractions and motivations for IPR infringements, taking into account social, economic and technological variables and different levels of development
- Targeted studies with an aim to developing methodologies that measure the social, economic and commercial impact of of counterfeiting and piracy on societies taking into account the diversity of economic and social realities, as well as different stages of development;
- Analysis of various efforts, alternative models and other possible options from a socio-economic welfare perspective to address the counterfeiting and piracy challenges’.
The WIPO Advisory Committee on Enforcement (ACE), recognizing that informed policy choices on enforcement measures must be predicated on sound empirical evidence, has taken a positive step forward. Recommendation 45 of the Development Agenda instructs WIPO to approach the question of intellectual property enforcement in the context of a broader societal interest delineated by Article 7 of the TRIPS Agreement which states:
“[t]he protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.”
When the law hinders social progress, change the law, not society.
