Subject: Feb 3-4, 2005 Geneva meeting / inc. IPR problems facing standards organizations

From: James Love <[email-masked]>
Date: Thu, 25 Nov 2004 17:53:09 -0500

There is some discussion within WIPO to address problems facing 
standards organizations like the IETF or w3c.  One proposal is for a 
mandatory disclosure of patent claims on proposed standards, possibly as 
part of the WIPO Patent Cooperation Treaty.  This issue will be 
discussed as part of a larger discussion about a proposed WIPO Treaty on 
Access to Knowledge.  It would be useful if we could identify someone 
who could speak about the standards problems in this meeting on February 
3-4 in Geneva.  A number of WIPO delegates and NGOs will be attending. 
Jamie

-------- Original Message --------
Subject: [Random-bits] WIPO/DA - Access to Knowledge (a2k) Treaty - Feb 
3-4, 2005 Geneva meeting
Date: Wed, 24 Nov 2004 12:14:20 -0500
From: James Love <[email-masked]>
To: Random-bits <[email-masked]>

This is a short note to let people know that TWN, CPTech and IFLA intend
to host a February 3 and 4 Geneva meeting to discuss the WIPO
development agenda (DA) and a Treaty on Access to Knowledge (a2k).

In August 2004, Argentina and Brazil presented a proposal for a
development agenda at WIPO. The proposal and many of the comments and
discussions are on the web here:
http://www.cptech.org/ip/wipo/futureofwipo.html. One element of the
proposal was a possible Treaty on Access to Knowledge (a2k). In the
original Argentina/Brazil proposal, the context for the a2k treaty
concerned access to government funded research. However, many other
issues raised in the Argentina/Brazil proposal could logically be
discussed within a broader a2k treaty, including for example a treaty on
minimum copyright or patent limitations and exceptions (copyright
limitations and exceptions were recently discussed at the WIPO SCCR, and
will be scheduled as a full agenda item in the June WIPO SCCR meeting),
proposals to encourage open access publishing models, free/open source
software, access to knowledge problems with legally mandated
Technological Protection Measures/Digital Rights Management (TPM/DRM)
regimes, the Control of Anticompetitive Practices (Implementation of
Articles 8, 31.k and 40 of the TRIPS), implementation of Article 4 of
the Doha Declaration on TRIPS and Public Health, and proposals for a
protocol on the transfer of technology and knowledge to developing
countries, as well as other items mentioned or not mentioned in the
Argentina/Brazil proposal. For example, among topics not mentioned in
the Argentina/Brazil proposal would be a new protocol with the Patent
Cooperation Treaty (PCT) to have global coordination of notice and
disclosure of patent claims on proposed standards for bodies like the
IETF and the W3C, or the proposal for patent exceptions for public goods
projects like the Human Genome Project or the HapMap Project.

On October 4, 2004, the WIPO General Assembly issued a “Decision on a
Development Agenda” (see below). This decision basically *FAST-TRACKS*
discussion of the various topics in the development agenda, including
multiple meetings, a July 30 2005 report by the WIPO secretariat and
consideration of the Development Agenda at the September 2005 General
Assembly meeting.

In order to help consumer, development and civil society groups engage
in this debate, the Third World Network, CPTech and the International
Federation of Library Associations and Institutions will be holding a
two day meeting in Geneva on February 3 and 4. There will be further
details out later, including an agenda. The CPTech contact for the
meeting is Manon Ress ([email-masked]), for those who want
further information.

General Assembly Decision on a Development Agenda
October 4, 2004

________________________________________________________________________

Following discussions, the General Assembly adopts the following
decision:

Recalling that the relationship between development and intellectual
property has continuously been raised in several multilateral fora;
Taking into account the activities carried out by WIPO in the area of
development;

Bearing in mind the internationally agreed development goals, including
those in the United Nations Millennium Declaration, the Programme of
Action for the Least Developed Countries for the Decade 2001-2010, the
Monterey Consensus, the Johannesburg Declaration on Sustainable
Development, the Declaration of Principles and the Plan of Action of the
first phase of the World Summit on the Information Society and the Sao
Paulo Consensus adopted at UNCTAD XI;

(1) The General Assembly welcomes the initiative for a development
agenda and notes the proposals contained in document WO/GA/31/11.

(2) The General Assembly decides to convene inter-sessional
intergovernmental meetings to examine the proposals contained in
document WO/GA/31/11, as well as additional proposals of Member States.
To the extent possible, the meetings will be convened in conjunction
with the 2005 session of the Permanent Committee on Cooperation for
Development Related to Intellectual Property. The meetings, open to all
Member States, will prepare a report by July 30, 2005, for the
consideration of the next General Assembly. WIPO-accredited IGOs and
NGOs are invited to participate as observers in the meetings.

(3) The International Bureau shall undertake immediate arrangements in
order to organize with other relevant multilateral organizations,
including UNCTAD, WHO and UNIDO, WTO, a joint international seminar on
Intellectual Property and Development, open to the participation of all
stakeholders, including NGOs, civil society and academia.

(4) The General Assembly decides to include this issue in its September
2005 session.

-- 
James Love | Consumer Project on Technology
http://www.cptech.org | mailto:[email-masked]
P.O. Box 19367, Washington, DC 200036
voice +1.202.387.8030 | fax +1.202.234.5176
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---

From: "George T. Willingmyre" <[email-masked]>
Date: Sat, 27 Nov 2004 14:31:47 -0500

Hi Jamie:

We met in person once at the FTC on OECD consumer policy matters

I have written several articles on IPR  including one on the WIPO SME site
Current Topics in IPR Protection in the Context of Global Standard-Setting
Processes     the October 2004 edition of the World Intellectual Property
Rights Organization Small and Medium sizes Enterprises  (SME)  SME
newsletter   http://www.wipo.int/sme/en/documents/ip_standards2.htm

The WIPO SME web site treats  intellectual property (IP) from the
perspective of SMEs and analyzes the possibilities offered by the IP system
for improving SME  performance and competitiveness.  The GTW contribution
includes reference to the October 2004 update to the survey  of
Intellectual Property Rights Polices of selected standards developers
http://www.gtwassociates.com/answers/IPRpolicies.html

Also Criteria for the evaluation of an SDO patent policy at
http://www.gtwassociates.com/answers/draftIPRcriteria.htm

How would one go about getting invited to this session?

George T. Willingmyre, P.E.
GTW Associates
1012 Parrs Ridge Drive
Spencerville, MD 20868
301 421 4138 facsimile 301 421 0977
www.gtwassociates.com

----- Original Message ----- 
From: "James Love" <[email-masked]>
To: <[email-masked]>
Sent: Thursday, November 25, 2004 5:53 PM
Subject: Feb 3-4, 2005 Geneva meeting / inc. IPR problems facing standards
organizations

---

From: Brian E Carpenter <[email-masked]>
Date: Tue, 30 Nov 2004 16:43:36 +0100

>>mandatory disclosure of patent claims on proposed standards, ...

Since that is weaker than the current IETF policy, I'm not sure why
we need any help from WIPO.

    Brian