[Chapter-delegates] ISOC Issues Paper on (Internet) Intellectual Property Policy - comments and suggestions for discussion, Webinar, 13 June 2013

Tue Jun 11 00:52:54 PDT 2013

Dear Friends and Colleagues:
With a view to the webinar scheduled on Thursday afternoon, I would have a few comments and suggestions on the draft paper that Konstantinos Komaitis has sent us. 
In general it would be appropriate to make more clear the distinctions between over-arching values and principles such as the rule of law and the Universal Declaration of Human Rights, and procedures and methods such as multistakeholder governance and open standards.
In the recent past we used to discuss the 'virtual' world, the Internet, as something distinct from the 'real' traditional world and to treat the rules in each sphere as somehow different, and Internet 'users' were a distinct group from the rest of society. But nowadays, that distinction is no longer useful because the Internet increasingly pervades everything that society and individuals do.
Thus, the draft ISOC paper needs to start from the general values and principles and then discuss the methodology of IPR discussions – and decisions – recognising that whatever may apply to the Internet will in due course apply generally, if it is not already the case. Indeed we get a hint of the problem in the title of the paper. (Internet) is in brackets! But the paper still discusses IPR in the Internet as if it is still a distinct 'space'. What happens to the argument if '(Internet)' is deleted?
If we could clarify this dichotomy, it would no doubt be less difficult to resolve some of the other issues which arise in the draft paper and which are discussed in greater detail in the attached working paper.
I look forward to our discussion on Thursday afternoon. There are a few other minor points that I could take up at some stage, but I would prefer to do so on the basis of the next draft, which might take into consideration the above considerations. Needless to say, I would suggest that publication of the present draft would be premature.
Regards
Christopher Wilkinson.

Begin forwarded message:

> From: Konstantinos Komaitis <komaitis at isoc.org>
> Subject: Re: [Chapter-delegates] webinar: ISOC IPR issues paper
> Date: 4 Jun 2013 21:25:09 GMT+02:00
> To: "chapter-delegates at elists.isoc.org" <chapter-delegates at elists.isoc.org>
> 
> Dear all,
> 
> Following my previous email, I was trying to figure out how I could share the paper so that all of you can get access (I do realise that some ISPs may 'filter" PDF files). So, the paper is now hosted under a temporary URL: http://bit.ly/11iWFu5
> 
> I would kindly request if you treat the paper as only for this list and not distribute it through social media until it is officially published next week.
> 
> Many thanks for your understanding.
> 
> Konstantinos
> 
> 
> Konstantinos Komaitis
> Policy Advisor,
> Internet Society
> komaitis at isoc.org
> tel: +41 22 807 1453
> 
> From: Konstantinos Komaitis <komaitis at isoc.org>
> Date: Tuesday, June 4, 2013 5:56 PM
> To: Chapters <chapter-delegates at elists.isoc.org>
> Subject: webinar: ISOC IPR issues paper
> 
> Dear colleagues
> 
> For quite some time now, I have been working on an issues paper on Intellectual Property Rights seeking to position the Internet Society as a key actor in the field of intellectual property. As you may recall from our exchanges some time ago, the paper seeks to introduce some 'best practices' concerning the way the discussions should be held in relation to intellectual property rights in the Internet space. As you all know, IPR discussions are constantly evolving, so the idea (and wish) is for this paper to continue to evolve alongside these discussions. So, please consider this as step 1 of an evolving project.
> 
> I am in the happy position to inform you that the paper is now ready for publication. To this end, I have organised a webinar so that I can update you on the paper and explain a bit the thinking behind it. Details of the webinar can be found at the end of this email.
> 
> Many thanks and I am looking forward to speaking to as many of you as possible.
> 
> Konstantinos
> 
> 
> 
> Konstantinos Komaitis
> Policy Advisor,
> Internet Society
> komaitis at isoc.org
> tel: +41 22 807 1453
> 
> 
> Meeting information 
> ------------------------------------------------------- 
> Topic: IPR Issues Paper 
> Date: Thursday, 13. June 2013 
> Time: 16:00, Europe Summer Time (Amsterdam, GMT+02:00) 
> Meeting Number: 929 189 097 
> Meeting Password: ipr2013 
> 
> ------------------------------------------------------- 

> From: CW Mail <mail at christopherwilkinson.eu>
> Subject: Re: [Chapter-delegates] Ideas requested on IP issues paper
> Date: 17 Mar 2013 19:08:41 GMT+01:00
> To: Konstantinos Komaitis <komaitis at isoc.org>
> Cc: Chapter Delegates <chapter-delegates at elists.isoc.org>
> 
> Dear Konstantinos Komaitis:
> 
> Thankyou for your proposals. I suggest that ISOC needs to offer clear, positive policy statements. I am unsure what is meant by 'minimum propositions'. 
> I also support the guidance that we have already received from David Burstein, Elver Loho and Patrick Vande Walle.
> 
> ISOC's work on IPR should clearly distinguish our interests in copyright, patents, trademarks and other Intellectual property. An overall "issues  paper"  would surely fail because of the distinct constituencies concerned, and the specific applicable bodies of domestic and international law. Also, it would be likely that unresolved debate on any one aspect, would stymie consensus on the whole.
> 
> 1.	Regarding Patents, it would be interesting to explore the current application of IPR rules in IETF, ITU, ETSI, IEEE etc. regarding standards, interoperability and competition.  
> Dave Burstein clearly thinks there are problems in this area. Correct? 
> As the cost of the physical kit declines through mass production, it will become untenable for the main cost of an appliance (e.g. smartphone) to be IPR related.
> 
> N.B. ISOC is opposed to patenting of software. Correct?
> 
> 1. bis.	Regarding Patented pharmaceuticals and Generic Medicines, although I recognise this as a major international issue, I am not sure that ISOC is the appropriate platform.
> 
> 2.	Regarding Trademarks, since this has been exhaustively pursued in the ICANN/UDRP context, I am not sure what additional insights ISOC might have to offer at this stage.
> 
> 3.	Regarding copyright:	the relevant contemporary benchmark is clearly the rejection of ACTA. No further reference to ACTA by ISOC staff is called for. 
> 	ISOC Chapters in North America, Asia and Europe need to keep up to date with the related aspects of TPP, CETA and the proposed EU-US trade agreement.
> 
> 	Copyright remains relevant for interoperability: computer programs are protected but interfaces for interoperability must remain open.
> 
> Regards to you all
> 
> CW
> 
> On 08 Mar 2013, at 15:40, Konstantinos Komaitis <komaitis at isoc.org> wrote:
> 
>> Dear Colleagues,
>> 
>> As you may be aware, discussions on digital content have been going on for many years now and the Internet Society has been quite active in addressing some of the various intellectual property issues, specifically in relation to legislation like ACTA, SOPA and PIPA. The public policy team, having heard from many of you on this topic believes the time is opportune to submit a coordinated view on the issue of intellectual property via an issues paper.  The good news is that we have much material to draw upon - found here:http://www.internetsociety.org/our-work-intellectual-property
>> 
>> The issues paper seeks to put forth minimum propositions relating to the discussions on intellectual property:
>> 
>> o   Intellectual Property is part of Internet Governance: All discussions about intellectual property in the Internet should be conducted under a multistakeholder framework.
>> o   Intellectual Property and Transparency: the need for transparency is reflected both in the Geneva Principles as well as in the Open Government Paradigm. The Internet Society believes that this need should further be reflected in agreements like the Anti-Counterfeiting Trade Agreement (ACTA), the Trans-Pacific Partnership Agreement (TPP) and the Canada-Europe Comprehensive Agreement (CETA).
>> o   Intellectual Property and the Rule of Law: Intellectual property should be based on principles such as due process, equality of rights, fairness, transparency, the right to be heard and legal certainty.
>> o   Intellectual Property and Internet Architecture: The Internet Society has long recognized that the infringement of intellectual property rights is a critical issue that needs to be addressed, but, at the same time, it must be addressed in ways that do not undermine the global architecture of the Internet or curtail internationally recognized rights.
>> o   Innovation without permission: All intellectual property laws and policies should bear in mind the Modern Paradigm for Standards Development, shaped by adherence to the following principles: cooperation; adherence to principles including due process, consensus, transparency, balance and openness; collective empowerment; availability; and voluntary adoption.
>> 
>> Based on these observations, the Internet Society would like to propose a set of standards which we believe should guide all policies on intellectual property. At its most basic level, the Internet Society believes that all issues pertaining to the way intellectual property rights are expressed in the Internet space can be addressed systematically only through an inclusive and open framework, as we believe that it is currently the only sustainable governance model for policy issues relating to the Internet and its platforms.
>> 
>> I would appreciate your comments on the above points. We would also welcome information on whether and how Intellectual Property policy and/or law making is being considered or implemented in your country. Please send your feedback by Monday, 18 March 2013.
>> 
>> Many thanks
>> 
>> Konstantinos
>> 
>> 
>> Konstantinos Komaitis
>> Policy Advisor,
>> Internet Society
>> komaitis at isoc.org
>> tel: +41 22 807 1453
>> 
>> 
>> 
>> 
>> 
>> 
>> _______________________________________________
>> As an Internet Society Chapter Officer you are automatically subscribed
>> to this list, which is regularly synchronized with the Internet Society
>> Chapter Portal (AMS): https://portal.isoc.org
>> 
> 
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