June 20-22, 2005, Geneva, Switzerland
Thank you Mr. Chairman.
Consumers International (CI) and the Trans-Atlantic Consumer Dialogue
(TACD) support the approach proposed by the Friends of Development,
which would consider fundamental changes in WIPO as an institution.
Consumers International and TACD were both signatures to the Geneva
Declaration on the Future of WIPO, which called upon WIPO member
countries to consider the very changes that are included in the FoD
proposal.
We also call your attention to the recent South Summit Declaration from
Doha, which in paragraph 25, notes:
With regard to patents, we note that the US and Europe are both debating
fundamental questions about the future of the patent system. The BSA in
the US is advocating radical changes in US law, including the near
elimination of injunctive relief for software patents – which combined
with other provisions, has been described an effective compulsory
licensing of most software patents. It is not the moment to harmonize
the patent system. But there is much work to be done within the SCP and
the SCCR, which deal with the problems of making the existing system
work better, including the problems of abuses of rights that harm
consumer interests.
Sustainable development cannot be based upon practices that are harmful
to consumers.
We are pleased that the FoD proposal has called upon WIPO to elaborate
the elements of a treaty on access to knowledge. This can be a
constructive confidence building initiative that demonstrates that WIPO
is focused on the public’s welfare, and not the mindless expansion of
intellectual property rights at the expense of innovation, creativity
and consumer protection and human rights.
“Restrictive business practices and monopoly rights exercised by global
corporations and other entities often impede innovation, flow of
information and technology, and that a major component of good
governance at the international level should be good corporate
governance and corporate social responsibility, which should address
issues such as anti-competitive practices of larger market players
including transnational corporations; a fair balance between holders of
intellectual property rights and public policy and societal goals; the
need for access to knowledge, transfer of technology and FDI.”
We note that there is considerable frustration over the conflict within
the WIPO SCP and SCCR over efforts to promote new treaties that would
expand intellectual property protections, including in some cases, areas
where nations have yet to act, such as the proposed treaty provisions
for webcasting organizations.
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