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BLOG@IP::JURPatent Attorney Axel H Horns' Blog on Intellectual Property Law.
Saturday, August 23, 2003WIPO opting out from discussion on open collaborative models to develop public goodsAccording to Article 3 of the Convention Establishing the World Intellectual Property Organisation (WIPO) the objectives thereof are to promote the protection of intellectual property throughout the world through co-operation among States and, where appropriate, in collaboration with any other international organisation, and to ensure administrative co-operation among the Unions.A document titled  Vision and Strategic Direction of the WIPO explains the current policy on how to obtain these objectives, saying, inter alia, "[...] The traditional intellectual property system sustained the industry-based economies and underpinned the process of globalisation. The new intellectual property system that will help to further sustain the knowledge-based global economy has to be developed [...]. Political imagination, goodwill and collaboration among Member States, the market sector and the Secretariat are key elements in the success of WIPO's mission. Thus, it is essential to approach this mission with a vision founded on the relevance of intellectual property and of WIPO to the welfare of humanity."
Obviously the knowledge-based global economy offers some very particular stumbling blocks for the said new intellectual property system. The enormous success of the GNU-licensed open source software as well as the mounting debate on "public goods" have created facts closely related to the intellectual property system which can hardly be ignored any longer. Now it has come to be known that the WIPO had originally been convinced earlier this year by a certain proposal to hold a meeting about "open collaborative models to develop public goods". One of those models is open source and free software. Surprisingly, the meeting was now cancelled. As far as it is known, Lois Boland, director of international relations for the U.S. Patent and Trade Mark Office, had indicated vis-a-vis WIPO officials that "open-source software runs counter to the mission of WIPO, which is to promote intellectual-property rights." She is quoted as saying: "To hold a meeting which has as its purpose to disclaim or waive such rights seems to us to be contrary to the goals of WIPO." So, in the effect, the WIPO has opted out from any further serious discussion concerning the relationship between IPR and the Commons, or, "public goods". Apart from the impression that Ms. Boland perhaps might not have completely understood the relationship between the GNU license and Copyright Law, there can be no doubt that such discussion will take place elsewhere. There is no way to stop or suppress it. The more promising way would be to enter into an open debate about a future co-existence, perhaps even balance, of Intellectual Property and Intellectual Commons. It would therefore surely be advantageous for all stakeholders involved if the WIPO would re-think about opting out from this matter.
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