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IPI Provides Access to Loans on Intellectual Property Rights







IPI Provides Access to Loans on
Intellectual Property Rights

IPI Provides Access to Loans on
Intellectual Property Rights
12/15/2003 06:58 PM

dBusinessNews.com Dec 15 2003 5:28PM ET




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IPI Provides Access to Loans on Intellectual Property Rights

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The Trust and Distrust of Intellectual Property Rights by Peter K. YU
http: //papers.ssrn.com/sol3/papers.cfm?abstract_id=578563

Abstract By Author:

Abstract:
In the past, intellectual property issues were considered complex, obscure, and highly technical; they were only of interest and concern to intellectual property attorneys, legal scholars, technology developers, and rightsholders. Thanks to the Internet and new communications technologies, however, intellectual property has now begun to play a more significant role in society.

In December 2003, the first phase of the World Summit on the Information Society (WSIS) was held in Geneva. While the conference affirmed the importance of intellectual property rights and free access to information and knowledge, the resulting Declaration of Principles and Plan of Action fail to address issues concerning the recent expansion of intellectual property rights. Being vague and abstract, the documents also fail to provide concrete actions as to how the international community can improve the international intellectual property regime.

This book chapter examines the international intellectual property regime as it relates to the development of an inclusive global information society. Part I provides an overview of the various intellectual property rights and justifications for protecting these rights. Part II explores the increased distrust of the intellectual property system, especially among less developed countries, human rights advocates, development specialists, and those on the unfortunate side of the digital divide. Part III delineates five prerequisites for the development of a fair, balanced, and robust international intellectual property regime: (1) thorough understanding, (2) balanced debate, (3) effective dialogue, (4) fair regime, and (5) global solidarity. Part IV concludes by critically examining the intellectual property-related portions of the WSIS Declaration of Principles and Plan of Action.

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It used to be that any hope for a reasonable debate was ended the second anyone called someone else a "Nazi" (see Godwin 's Law). These days, perhaps it should be amended to include anyone calling someone else a "terrorist." Remember a few months back when the World Intellectual Property Organization cancell ed a meeting about open source along with a quote that open source was "contrary to the goals of WIPO." Apparently that wasn't a one-off statement. Instead of exploring issues related to intellectual property, WIPO seems to now firmly believe that there is one and only one way to use intellectual property: and that's to lock it up. WIPO's director, Kamil Idris, was quoted today saying that "Pira cy is like terrorism today." This leaves little (if any) room for an open debate on how there are ways to support intellectual property without having to lock it all up. While the quote is talking about counterfeit products that aren't up to the safety levels of original products, it's way too broad a statement. Certainly, these counterfeit products are dangerous and something should be done about them. However, simply equating all intellectual property violations with "terrorism" goes too far. In the same talk Idris claims that stronger enforcement of intellectual property rights could help developing nations improve their economies. This, of course, is exactly the opposite of what a few studies have found, saying that developing nations would be much stronger without such draconian intellectual property laws. But why should Idris rely on studies when he's in charge of WIPO and his opinion must be right on all things related to intellectual property?

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