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Creative Commons & World Intellectual Property Organization Lucinda Jones WIPO i. Commons Summit 2005 Creative Commons & World Intellectual Property Organization Lucinda Jones WIPO i. Commons Summit 2005 Harvard Law School June 26, 2005

WIPO - an introduction u World Intellectual Property Organization – specialized agency of the WIPO - an introduction u World Intellectual Property Organization – specialized agency of the United Nations (one of 16) – 182 Member States – Secretariat “International Bureau” – 940 staff from 95 different countries – permanent and ad hoc committees (Standing Committee on Copyright, Trademarks, Patents etc) – permanent and ad hoc observers

WIPO’s mandate u u Convention Establishing the World Intellectual Property Organization (Stockholm, July 14, WIPO’s mandate u u Convention Establishing the World Intellectual Property Organization (Stockholm, July 14, 1967) – entered into force in 1970, amended 1979 – WIPO’s mission to “promote the protection of intellectual property throughout the world through cooperation among States” in order to encourage creativity and innovation Agreement between the United Nations and WIPO (1974) – WIPO’s purpose is the “promotion of creative intellectual activity and the facilitation of the transfer of technology related to intellectual property to the developing countries in order to accelerate economic, social and cultural development” (article 1)

WIPO’s main activities u u u Normsetting – treaty-making processes Providing international IP services WIPO’s main activities u u u Normsetting – treaty-making processes Providing international IP services to private sector – registration services for patents, trademarks and designs – dispute resolution (WIPO Arbitration & Mediation Center) Enhancing access to the IP system – assists developing country members, as well as small and medium-sized enterprises to use IP as a tool for economic development – distance learning programs (WIPO Worldwide Academy) – seminars, conferences, studies and documents

WIPO’s work on copyright developments u u u u Study on Limitations and Exceptions WIPO’s work on copyright developments u u u u Study on Limitations and Exceptions to Copyright and Related Rights in the Digital Environment Study on Current Developments in the Field of Digital Rights Management Guide on Surveying the Economic Contribution of the Copyright -Based Industries Guide to the Copyright and Related Rights Treaties Administered by WIPO and Glossary of Copyright and Related Rights Terms Survey on Implementation of the WCT and WPPT Task Force Group on Model Law for Copyright Studies on the Economic Impact of Database Protection in Developing Countries and Countries in Transition

International IP policy-making u u Traditional treaty-making – WIPO administers 23 international treaties – International IP policy-making u u Traditional treaty-making – WIPO administers 23 international treaties – 10 -15 years to develop (fast-tracked 6 years) Example - international copyright agreements: – Berne Convention for the Protection of Literary and Artistic Works (1967/1971) – Rome Convention for the Protection of Performers, Producers of Phonograms & Broadcasting Organizations (1961) – TRIPS Agreement (1994) - WTO – WIPO “Internet Treaties” - Copyright Treaty and Performances and Phonograms Treaty (1996)

Balance in the IP system u WIPO Copyright Treaty (WCT) 1996 u negotiators recognized Balance in the IP system u WIPO Copyright Treaty (WCT) 1996 u negotiators recognized “the need to maintain a balance between the rights of authors and the larger public interest, particularly education, research and access to information as reflected in the Berne Convention” and also: • the need to “provide adequate solutions to the questions raised by the new economic, social, cultural and technological developments” • “the profound impact of the development and convergence of information and communication technologies on the creation and use of literary and artistic works” • “the outstanding significance of copyright protection as an incentive for literary and artistic creation. ”

Changes in IP policy-making u Information Society requires new speed and flexibility of policy-making Changes in IP policy-making u Information Society requires new speed and flexibility of policy-making – flexible ‘soft law’ approaches joint recommendations (e. g. , use of trademarks online) F Uniform Domain Name Dispute Resolution Policy (UDRP) F – new ways to reach out to global public (relations with civil society and NGOs, online delivery of information, interactive online fora, distance learning) – still need to maintain traditional methods (regional meetings, mailed documents) to reach all countries – speed of technological change risks excluding some countries from meaningful participation – more cross-sectoral communication and collaboration among international and national organizations

Changes in international IP policy-making. . . u u New stakeholders – greater public Changes in international IP policy-making. . . u u New stakeholders – greater public involvement in IP (as creators, distributors and consumers) – greater value and investment in IP as intellectual capital in the knowledge society Participation at WIPO – only States can be Members per WIPO Convention – traditionally open to non-State observers – permanent observer status currently held by 172 international NGOs, 65 IGOs and 10 national NGOs

Admission as a WIPO observer u For International Non-governmental Organizations u must provide (i) Admission as a WIPO observer u For International Non-governmental Organizations u must provide (i) text of its constituent instrument (articles of incorporation, bylaws, etc. ); (ii) indication of the date and place where established; (iii) list of officers (showing nationality); (iv) list of national groups or members (showing country of origin); (v) description of composition of members of its governing bodies (including geographical distribution); (vi) statement of objectives; (vii) indication of fields of intellectual property (e. g. , copyright and related rights) of interest to it. u Principles observed for extending invitations to NGOs include: – essentially concerned with IP matters and able to offer constructive substantive contributions to deliberations – aims and purposes conform with spirit, purposes and principles of WIPO and UN – authority to speak for its members through authorized representatives – upon consultation between Member States and Secretariat

Creative Commons & WIPO u WIPO’s Digital Agenda (1999), includes: – Promote adjustment of Creative Commons & WIPO u WIPO’s Digital Agenda (1999), includes: – Promote adjustment of the institutional framework for facilitating the exploitation of IP in the public interest in a global economy and on a global medium. . – Study and, where appropriate, respond in a timely and effective manner to the need for practical meausres designed to improve the management of cultural and other digital assets at the international level by, for example, investigating the desirability and efficacy of: F model procedures and forms for global licensing of digital assets …

Creative Commons & WIPO u Future cooperation. . . – Training activities, raising awareness Creative Commons & WIPO u Future cooperation. . . – Training activities, raising awareness of licensing possibilities? – Gather information, case studies, articles? – Follow legal development of CC licenses? ?

Thank you www. wipo. int/copyright/en lucinda. jones@wipo. int Thank you www. wipo. int/copyright/en lucinda. [email protected] int