This document discusses access to knowledge and intellectual property regulation. It argues that unrestricted access to knowledge is important for culture and development. The World Intellectual Property Organisation (WIPO) sets international treaties on intellectual property rights, but its focus should shift to promoting access to knowledge. The "Development Agenda" proposes that WIPO prioritize public interests over private monopolies and support technology transfer, particularly in developing countries. Non-governmental organizations work to reform WIPO's priorities and enable a future treaty protecting access to knowledge worldwide.

1. Access to Knowledge
Copyright, Patents and Politics at the World
Intellectual Property Organisation

2. Contents:
● Pt. 1: Access to Knowledge
– why is Access to Knowledge important?
– criticising “Intellectual Property”
– A Treaty on Access to Knowledge
● Pt. 2: Promoting Access to Knowledge at WIPO
– what is WIPO?
– how to promote Access to Knowledge at WIPO
– a first step: A Development Agenda for WIPO
– FSF Europe's work at WIPO
● Conclusion

3. What is Access to Knowledge?
● Knowledge: Any cultural technique.
– music
– medicines
– science
– software
● thanks to digital technology, knowledge can be easily
distributed
● ==> the Access to Knowledge perspective values access
over protection of monopolies.

4. Access to Knowledge and
Culture
● without knowledge, taking part in culture is impossible
– education
– literature
– software
● culture grows on a common ground of knowledge
● restrictions to access hurt all of us
– less personal freedom
– less growth, cultural and economic

5. Access to Knowledge and
Development
● developing countries suffer from access restrictions
– no money to buy licenses for educational texts
– no money to pay for vital medicines
● restrictions block development
● what is good for developing countries is good for us too
– generous fair use
– alternative licensing models

6. How is Access to Knowledge
regulated?
● copyright / author's rights
– give economic and moral privileges to the creator of a
work
– duration now: 70 years (Germany)
– are being continuously tightened
● patents
– give exclusivity in exchange for publishing
– duration now: 20 years (Germany)

7. “Intellectual Property”?
● Propaganda: “intellectual property” does not equal material
property
● Ignorant: copyright and patents are just tools
● Imprecise: mixes together very different areas of law
● evokes fears of material loss, hides possibility of lossless
sharing
● say it like it is: monopoly privileges

8. The objective: A Treaty on
Access to Knowledge
● to defend our cultures from being strangled by rightsholder's
greed
● to put public interest before private profit
● create a legal base to protect cultural freedom
● “TRIPS in reverse”

9. TRIPS vs. Access to
Knowledge
● sets minimum standard for ● sets minimum standard for
monopoly protection Access to Knowledge
– enables stricter – disables stricter
monopoly protection monopoly protection
(“TRIPS-plus”) ● sets maximum durations for
● sets minimum durations for copyright, patents
copyright, patents ● enumerates required
● enumerates required freedoms
protection mechanisms

10. Pt. 1 – Summary
● Access to Knowledge is essential for culture and
development
● “intellectual property” really consists of monopoly privileges
● We need a Treaty on Access to Knowledge to protect
cultural freedom and to counter TRIPS

11. How to promote Access to
Knowledge?
● talking to rightsholders
● talking to lawmakers
● changing the framework
– working where the regulations are made
● ==> WIPO

12. The World Intellectual Property
Organisation (WIPO)
● a specialised UN agency administering treaties on
monopolies on ideas
● grew from offices administering the Paris and Berne
conventions („BIRPI“)
● Mandate: „To promote the protection of
intellectual property throughout the world“

13. What does WIPO do?
● drafts and administers international treaties
intellectual monopoly rights
● „technical assistance“: Promotes enforcement of
intellectual monopoly rights in developing
countries
– costs scarce resources
– WIPO officials often forget to mention treaty
flexibilities
● but WIPO only sets the framework, which
member states then implement

14. Important tasks for
WIPO
● put public good before individual profit
● stop TRIPS-plus treaties (eg. broadcasting treaty)
● shorten copyright duration
● limits on patentability (software, medicines, life...)
● stop criminalisation of copyright infringement

15. A first step: A Development
Agenda for WIPO
● “Friends of Development” group of states demands that
WIPO should take into account how its work affects
development
● effectively: A call to reform WIPO
● Development Agenda was submitted at the end of 2004
● has since been discussed in several meetings

16. Development Agenda:
Objectives and supporters
● Public interest should be more important than monopoly
rights
● WIPO should safeguard public interest flexibilities
● WIPO must promote technology transfer
● Independent review of WIPO's work
● supported by Argentina, Bolivia, Brazil, Cuba, the
Dominican Republic, Ecuador, Egypt, Iran, Kenya,
Peru, Sierra Leone, South Africa, Tanzania and
Venezuela, plus India

17. Development Agenda:
Perspectives
● until now: talks about talks
– blocking strategy by rich countries
● next year: two more meetings, recommendation to WIPO's
General Assembly
● debate about Access to Knowledge has reached UN level
● may contribute to a future Treaty on Access to Knowledge

18. FSF Europe's work at WIPO
● Free Software is essential for Access to Knowledge
● inform country, industry delegates about Free Software
● improve legal conditions for Free Software
● get Free Software into WIPO's development work by default
● connect with other NGOs
● turn WIPO into a World Intellectual Wealth Organisation

19. Pt 2. - Summary
● WIPO holds the key to international treaties on intellectual
monopoly rights – and on Access to Knowledge
● The Development Agenda is a first step towards WIPO
reform
● FSF Europe and others work to turn WIPO into a World
Intellectual Wealth Organisation

20. What can you do?
● stay informed. Read. Discuss.
● Lobby politicians and businesses
● criticise the concept of „intellectual property“
● pick your favourite public interest NGO and support it.
– Free Software Foundation Europe: Become a Fellow
● promote alternative models: Create and use Free Software
and free content
● explain the problem to two friends.

21. Thank you.
Questions?
www.fsfeurope.org
www.fsfe.org