[Linux-bruxelles] Re: WSIS PCT WG: WIPO should prevent software patents, shorten copyright span

[Bernard Lang]

Merci ...

tres bon texte


ettu as des infos sur comment ça se passe à geneve ?

Amicalement

Bernard



* Nicolas Pettiaux <nicolas.pettiaux at gmail.com>, le 21-07-05, a écrit:
> ---------- Forwarded message ----------
> From: Georg C. F. Greve <greve at fsfeurope.org>
> Date: Jul 21, 2005 4:49 PM
> 
> [ http://fsfeurope.org/projects/wipo/statement-20050721.en.html ]
> 
>                               STATEMENT BY THE
> 
>        UNITED NATIONS WORLD SUMMIT ON THE INFORMATION SOCIETY (WSIS)
>                   PATENTS, COPYRIGHTS AND TRADEMARKS (PCT)
>                        WORKING GROUP OF CIVIL SOCIETY
> 
>                                 AT THE THIRD
>                     INTER-SESSIONAL, INTER-GOVERNMENTAL
>                                 MEETING ON A
>                         DEVELOPMENT AGENDA FOR WIPO
> 
>                          (Geneva, 20-22 July 2005)
> 
>    The WSIS Patents, Copyrights and Trademarks Working Group of Civil
>    Society participated in the World Summit on the Information Society in
>    its first and second phase, addressing many issues of knowledge
>    control, software and the internet.
> 
>    During the first summit in Geneva, we witnessed how the member states
>    of the United Nations formally agreed that knowledge dissemination and
>    sharing are fundamental building blocks of a knowledge society.
>    Quoting article 42 of the Declaration of Principles:
> 
>    ``Intellectual Property protection is important to encourage
>    innovation and creativity in the Information Society; similarly, the
>    wide dissemination, diffusion, and sharing of knowledge is important
>    to encourage innovation and creativity. Facilitating meaningful
>    participation by all in intellectual property issues and knowledge
>    sharing through full awareness and capacity building is a fundamental
>    part of an inclusive Information Society.''
> 
>    It is in this spirit that we see the Development Agenda proposed by
>    the Friends of Development: patents, copyrights and trademarks are
>    designed to limit access and knowledge sharing. If applied wisely and
>    with measure, they can foster creativity and innovation. If applied
>    carelessly, they can kill both along with their potential benefit for
>    society: progress. This holds true for any nation in this world, rich
>    or poor, north or south.
> 
>    The Friends of Development propose within their Development Agenda to
>    apply benchmarks to WIPO's policies and treaties in order to maximise
>    their benefit for all of humankind, including, but not limited to, the
>    developing nations.
> 
>    The PCT Working Group strongly supports the proposal made by the
>    Friends of Development for a Development Agenda, from which we expect
>    positive consequences for the implementation of the WSIS plan of
>    action.
> 
>    Furthermore, we wish to share some of the points that were important
>    for the debate during the World Summit on the Information Society and
>    that we feel will add substance to the Development Agenda proposal.
> 
>    As the global civil society represented at the WSIS stated in its
>    essential principles of 14. November 2003: ``Human knowledge,
>    including the knowledge of all peoples and communities, also those who
>    are remote and excluded, is the heritage of all humankind and the
>    reservoir from which new knowledge is created.''
> 
>    In the past years, we have witnessed an ongoing expansion of the
>    duration of copyright, and thus the timespan during which that
>    reservoir remains subject to limited access. At the same time, the
>    barriers to access have been raised by means of anti-circumvention
>    policies and approaches to put violations under criminal law.
> 
>    In the information society, knowledge is circulating and outdated
>    faster, not slower: to adapt to that fact, the duration of copyright
>    should be shortened considerably. For this we would also like to focus
>    your attention on the WSIS Declaration of Principles, article 26:
> 
>    ``A rich public domain is an essential element for the growth of the
>    Information Society, creating multiple benefits such as an educated
>    public, new jobs, innovation, business opportunities, and the
>    advancement of sciences.''
> 
>    The internet has not only paved the way for the knowledge age, it also
>    represents the latest seminal innovative step of humankind. It was
>    made at a time when the barriers to access were much lower. A
>    comparable breakthrough might be made impossible by these increased
>    barriers: we should reconsider these barriers to make sure we do not
>    disable the next breakthrough; this in particular refers to the
>    anti-circumvention provisions and approaches at criminalising
>    copyright violations, but is not limited to them.
> 
>    Patents are another area in need of review that we identified
>    throughout the WSIS: they can be an excellent tool to promote
>    innovation, but their effects differ between areas.
> 
>    Scientific studies for instance show that software is an area in which
>    patents are harmful: they stifle innovation and pose a significant
>    threat to competition; evidence for this has been collected by several
>    renowned institutions, including the [3]Massachussetts Institute of
>    Technology (MIT), the [4]Boston University School of Law, [5]Price
>    Waterhouse Coopers, [6]US Federal Trade Commission and [7]Deutsche
>    Bank Research.
> 
>    Similar effects may exist in other areas and can serve to undermine
>    the patent system overall. We therefore encourage the Member States to
>    start a dialog with the goal of establishing clear and binding ruleset
>    to limit the scope of the patent system. These should take into
>    account the full diversity of areas and ensure the stability and
>    functioning of the patent system as a tool for innovation.
> 
>    Given the scope and significance of these issues, only few of them can
>    be adequately dealt with on committee level. Mainstreaming the
>    development dimension into all of WIPO's activities requires the
>    continuation of the overarching IIM process.
> 
>    We sincerely hope that progress, wisdom, courage and global vision
>    shall prevail in this necessary debate.
> 
>    Statement by Mr. Georg C.F. Greve <greve at fsfeurope.org>
> 
>    Free Software Foundation Europe, President
>    UN World Summit on the Information Society (WSIS)
>      * Civil Society Patents, Copyrights, Trademarks (PCT) Working Group,
>        Co-Coordinator
>      * First phase Civil Society representative, German Governmental
>        Delegation
>      * European Caucus, Coordinator

-- 
             Le brevet logiciel menace votre entreprise
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