[Chapter-delegates] Ideas requested on IP issues paper

[Patrick Vande Walle]

Dear Konstantinos, 

Thanks for this. It is great to see ISOC
getting more involved on the intellectual property issues. 

I would
like to stress the need for due *legal* process. Increasingly, Internet
Service Providers move to new, hybrid models where they also offer IPTV
and video on demand, in effect becoming themselves a part of the
entertainment industry. At the same time, we see that lawmakers tend to
favour out-of-court processes in the form of industry conduct codes,
extra-judicial arbitration courts and suchlike. The whole point being to
short-circuit the judicial system, which is considered slow. This places
the industry in the role of both judge and party, which would not be the
best interest of the Internet users. 

Kinds regards, 

Patrick Vande
Walle 

On 08-03-2013 15:40, Konstantinos Komaitis 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
 
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