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  4. <meta name="author-name-1" content="Karsten Gerloff"/>
  5. <meta name="author-link-1" content="/about/gerloff/gerloff.html"/>
  6. <meta name="publication-date" content="2010-11-24"/>
  7. <title>FSFE - Statement on the project on "IP and competition policy" at WIPO CDIP/6</title>
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  10. <p id="category">
  11. <a href="/projects/un/">United Nations</a> / <a href="/projects/wipo/">WIPO</a>
  12. </p>
  13. <h1>Statement on the project on "IP and competition policy" at WIPO CDIP/6</h1>
  14. <h4>Committee on Development and Intellectual Property: <a href="">Sixth Session</a>, Geneva, November 22, 2010 to November 26, 2010. </h4>
  15. <p id="introduction">Summary: Competition policy is
  16. crucial in maintaining open and competitive markets. Any project in this field should take into account the perspectives of users and consumers.</p>
  17. <h2>Intervention by Free Software Foundation Europe (FSFE)</h2>
  18. <p>Thank you, Mr Chairman.</p>
  19. <p>As this is the first time we take the
  20. floor, we would like to congratulate you on your able guidance of
  21. this very important meeting.</p>
  22. <p>Free Software Foundation Europe would like to briefly remark on
  23. the project on "IP and competition policy". We appreciate the
  24. efforts that WIPO is making to explore this very important topic,
  25. and are glad to see the project progress. Competition policy is
  26. crucial in maintaining open and competitive markets, and provides
  27. an important element of balance to the exclusivity created by
  28. copyright and patents. We believe that this is a valuable project
  29. to investigate the complex relationship between copyright,
  30. patents, and competition policies.</p>
  31. <p>As regards past work under this project, we have taken note in
  32. particular of the seminar organised by WIPO in the framework of
  33. this project on October 25 here in Geneva, with the title
  34. "Enforcing Antitrust Law with Reference to Intellectual Property
  35. Assets: New Developments and Perspectives".</p>
  36. <p>The seminar's agenda comprised the session on institutional
  37. perspectives, and one on business perspectives. As we reviewed the
  38. agenda, we were surprised to see that the event did not include
  39. the perspectives of the third set of stakeholders in competition
  40. policy: users and consumers.</p>
  41. <p>The industry perspective was provided by Microsoft, Boehringer
  42. Ingelheim, Philips and Qualcomm. Speaking as we do from the
  43. background of software, we would note that Microsoft in particular
  44. has been convicted of anticompetitive practices in high-profile
  45. cases in the United States and Europe. While this would certainly
  46. endow the company with some experience on the subject, it seems
  47. inappropriate to place them as the sole source of input on the
  48. intricacies of competition policy in the software market. This
  49. would clash directly with Recommendation 23 of the Development
  50. Agenda, which calls for the promotion of pro-competitive licensing
  51. policies. We would have wished that a broader set of perspectives
  52. had been taken into account in organising the seminar.</p>
  53. <p>We would encourage member states to look to the Secretariat for
  54. assurances that the project as a whole is indeed taking into
  55. account the perspectives of users and consumers. We also hope that
  56. user and consumer stakeholders will be invited to provide their
  57. perspectives during the further course of the project. Free
  58. Software Foundation Europe will be very happy to support WIPO by
  59. providing expert input and assist WIPO and its member states in
  60. exploring this very important topic.</p>
  61. <p>Thank you, Mr Chairman.
  62. </p>
  63. </body>
  64. <timestamp>$Date: 2007-09-29 19:47:41 +0200 (Sat, 29 Sep 2007) $ $Author: gerloff $</timestamp>
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