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projects/wipo/document-statement-20100125-02.en.xml
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<documentset>
<document type="political" date="2010-01-27">
<title>FSFE's oral intervention to the SCP/14 on Technology Transfer</title>
<title>FSFE's oral intervention to the SCP/14 on Oppositions systems</title>
<description>
Statement to the 2010 <a href="http://www.wipo.int">WIPO</a> <a href="http://www.wipo.int/meetings/en/details.jsp?meeting_id=17461">14th Standing Committee on the Law of Patents (SCP)</a>, 25-29 January 2010. (Note: Originally <a href="http://blogs.fsfe.org/gerloff/?p=299">published on the weblog</a> of FSFE president <a href="/about/gerloff/">Karsten Gerloff</a>)
</description>

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projects/wipo/document-statement-20100125-03.en.xml
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<documentset>
<document type="political" date="2010-01-27">
<title>FSFE's oral intervention to the SCP/14 on Opposition Systems</title>
<title>FSFE's oral intervention to the SCP/14 on Free Software and technology transfer</title>
<description>
Statement to the 2010 <a href="http://www.wipo.int">WIPO</a> <a href="http://www.wipo.int/meetings/en/details.jsp?meeting_id=17461">14th Standing Committee on the Law of Patents (SCP)</a>, 25-29 January 2010. (Note: Originally <a href="http://blogs.fsfe.org/gerloff/?p=296">published on the weblog</a> of FSFE president <a href="/about/gerloff/">Karsten Gerloff</a>)

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<html>
<head>
<meta name="author-name" content="Georg C.T. Greve"/>
<meta name="author-link" content="/about/ggreve/greve.html"/>
<meta name="publication-date" content="2009-05-01"/>
<title>FSFE - Written intervention to the CDIP/3 on ICTs and the Digital Divide</title>
<meta name="author-name" content="Karsten Gerloff"/>
<meta name="author-link" content="/about/gerloff/gerloff.html"/>
<meta name="publication-date" content="2010-01-27"/>
<title>FSFE -Statement by the Free Software Foundation Europe
submitted at WIPO SCP/14 on January 25, 2010</title>
</head>
<body>
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<a href="/projects/un/">United Nations</a> / <a href="/projects/wipo/">WIPO</a>
</p>
<h1>FSFE's written intervention to the CDIP/3 on ICTs and the Digital Divide</h1>
<h4>Third Committee on Development and Intellectual Property (CDIP), Geneva, 27 April - 1 May 2009</h4>
<h1>Statement by the Free Software Foundation Europe at WIPO SCP/14</h1>
<h4>Standing Committee on the Law of Patents, Fourteenth Session, Geneva, January 25, 2010 to January 29, 2010</h4>
<p>With regards to the project on IP, Information and Communication Technologies (ICT) and the Digital Divide, the Free Software Foundation Europe would like to make a couple of suggestions, beginning with a reference to the United Nations Conference on Trade and Development (UNCTAD) Information Economy Report 2007-2008.</p>
<p>The Free Software Foundation Europe would like to congratulate you on your
election to the Chair of this very important committee, as well the
two Vice-Chairs. We are confident that under your able guidance,
discussions will be productive, inclusive and balanced. We would also
like to congratulate Mr Pooley on his new office as Deputy Director
General of WIPO, and wish him success in his work.</p>
<p>The report emphasises how growth and innovation enabled by Information and Communication Technologies (ICTs) across all of economy outweighs growth and innovation in the ICT sector itself.</p>
<p>We thank the Secretariat once more for the preparation of the Report
on the Internation Patent System (SCP/12/3 Rev 2), which is an
excellent and comprehensive document. We welcome the evidence-based
approach which is permeates large parts of this important document. We
also commend the Secretariat for its hard work in preparing the
preliminary studies now before this committee.</p>
<p>The second point we would like to highlight is the role of Open Innovation Models, which are responsible for the majority of innovative leaps, as also shown in the studies of Prof. Eric von Hippel, Professor and Head of the Innovation and Entrepreneurship Group at the MIT Sloan School of Management.</p>
<p>We note in particular that the report on the international patent
system (SCP/12/3 Rev 2) states a clear economic rationale for the patent
system, describing it as one among several tools to promote innovation
and development. The report invites us to consider where this
particular tool can be productively applied; but also to think about
where other regulations — or indeed the absence of regulation –
would do more to promote innovation and development.</p>
<p>From this we can derive two important principles that should guide our work: Maximising ICT ubiquity and availability will maximise innovation and development across all sectors of economy and secondly we need to protect the ability of all people around the world to innovate. This translates into a necessity to avoid the creation of an “innovative glass ceiling” through barriers to market entry in the form of barriers to access to standards, ICTs, and other prerequisites for an open, competitive market.</p>
<p>In the light of these considerations, we strongly support the proposal
made by Brazil to create a working program in this committee for the
discussion of limitations and exceptions, and their effectiveness in
addressing development concerns.</p>
<p>Free Software offers unique benefits both in terms of ubiquity of technologies, as well as in facilitating innovation through extensive rights for all users, all of which are thereby enabled as potential innovators for the type of leapfrogging innovation described by Prof von Hippel and the UNCTAD Information Economy Report.</p>
<p>Getting the relationship between patents and standards right will be
key to safeguarding and promoting innovation in the technology
sector.</p>
<p>FSFE would therefore suggest to harness the full potential of ICTs and the WIPO Technical Assistance activities by ensuring explicit provision of Free Software competency through the project in the spirit of the inclusive, balanced approach mandated by the Development Agenda and the referenced World Summit on the Information Society (WSIS).</p>
<p>In order to make use of the broad selection of tools we have available
to promote innovation, we believe that this committee’s work programme
should include a discussion of open and collaborative approaches to
innovation. We note the support which groups such as the International
Chamber of Commerce have just now expressed for these approaches. The
committee would also be enriched by a discussion of Open Standards as
an approach to enabling innovation and lowering the bar to market
entry.</p>
<p>For this, FSFE would like to offer its support through the network facilitated by our legal department. With over 190 participants across 27 countries and four continents spanning a broad spectrum of interests engaging in Free Software, the network appears to be the largest legal support structure for Free Software in the world. On the network, the world’s leading experts from the academic and private sector work on state of the art issues and develop best practices for commercial development and deployment of Free Software.</p>
<p>With regard to the so-called Anti-Counterfeiting Trade Agreement
(ACTA) that is being negotiated in Mexiko this week, we urge the SCP
to call on the negotiating countries to disclose the drafts for this
agreement, so that its consequences for the patent system can be
discussed, and we do not duplicate efforts. FSFE strongly objects to
the intransparent manner and secrecy in which the negotiations for
ACTA are being conducted. Such intransparency and secrecy are not
conducive to building confidence into the outcome of this negotiation
process.</p>
<p>We believe that access to this information would be useful for WIPO and its Member States and would suggest to foresee creation of a channel for this kind of information as part of the project.</p>
<p>With these preliminary remarks, we would like to conclude our
statement. We are looking forward to making more specific comments at
the time the preliminary studies are discussed.</p>
</body>
<timestamp>$Date: 2007-09-29 19:47:41 +0200 (Sat, 29 Sep 2007) $ $Author: gerloff $</timestamp>

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<a href="/projects/un/">United Nations</a> / <a href="/projects/wipo/">WIPO</a>
</p>
<h1>Statement on the relation between standards and patents at WIPO SCP/15</h1>
<h1>FSFE -Statement on Free Software and technology transfer at WIPO SCP/14</h1>
<h4>Standing Committee on the Law of Patents, Fourteenth Session, Geneva, January 25, 2010 to January 29, 2010</h4>
<p id="introduction">Summary: Most people and countries at WIPO seem to think of technology transfer as the process whereby a company from an industrialised country licenses its patents to a government or company in a developing country, and perhaps gives the licensees a hand in actually using the invention which the patent describes to do something useful. This is too limited. Free Software does a great job of taking skills from, in principle, any part of the planet to any other. This is what the statement below refers to as “absorptive capacity” - being able to actually do something with the technology you receive. It’s a whole lot better than being given a paper that says “you’re allowed to use our patent”, and then not knowing what to do with it.</p>