13 April 2005
Dear Mr. Chairman,
I congratulate you and the vice chairman on your election.
I speak on behalf of Centre for Technology and Society (CTS), of Getulio
Vargas Foundation School of Law, Rio de Janeiro, Brazil.
First of all, we would like to thank the Member States and WIPO
Secretariat for authorising our /ad hoc/ accreditation as an NGO to this
important meeting.
We shall stress, from the beginning, that we are NOT against the so
called intellectual property system.
We are just against the ABUSE of the IP system.
Some intellectual property rights, if correctly used, depending on the
level of development of each country, and on the area to which it is
applied, may foster innovation, creativity, and technology transfer.
However, as several economic, government, and academic studies continue
to show over the years, not much attention has been given to the costs
of the IP system.
For instance, at the Second Committee of the United Nations General
Assembly, in 1961, Brazil and Bolivia presented a draft Resolution in
which it was stated that: “/access to /(...)/ knowledge /(...)/ is often
limited by patents and similar arrangements designed to protect the
right of ownership and exploitation of investors of new processes,
techniques and products”./
The present discussion, Mr. Chairman, does NOT involve only developing
and least developed countries. It is about ACCESS TO KNOWLEDGE for all,
including persons from the North.
Brazil, for instance, is an example on the successful use of free
software, and of Creative Commons licences. While respecting the
author's copyrights, these models give some freedom in order to reach
further development. While both Brazilian Ministry of Culture and
Ministry of Education support the Creative Commons programme; several
Ministries and Municipalities support and have adopted free software.
In the past 12 months, the Brazilian Government has saved more than US$
10 million by using free software.
Furthermore, besides the success of free software on the public sector,
the private sector is also considerably benefiting from it. IBM, for
instance, announced profits of more than US$ 1 billion in 2002 with the
selling of software, hardware and services based on the GNU/Linux free
software platform. In Brazil, companies such as the supermarket chain
Carrefour, and banks such as HSBC and ABN/Amro are successfully using
free software.
Thus, it shall be noted that free software:
Last, but not least, we would like to call the attention to the fact
that the intellectual property system shall NOT be seen as the rule, but
rather, as an EXCEPTION to the free flow of knowledge.
Thank you Mr. Chairman.
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