[Chapter-delegates] Ideas requested on IP issues paper

[CW Mail]

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
> 
> 
> 
> 
> 
> 
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