Library Juice 7:21 - October 8, 2004
2. Terry Tempest Williams muzzled by University 'till after the election
3. BCALA plan to save Clark Atlanta's Library School
4. Moving WIPO in a new direction - documents
Quote for the week:
"What a sad want I am in of libraries, of books to gather facts from! Why
is there not a Majesty's library in every town? There is a Majesty's
jail and gallows in every one."
- Thomas Carlyle, in his journal while on his farm in Craigenputtock,
quoted in _History of Public Libraries in Great Britain, 1845-1965_.
Homepage of the week: Frances Glass
FBI seizes Global Indymedia Servers. Reasons Unknown.
[ this major news sent to the SRRT list by Chuck Munson ]
Cuts Force Clark-Atlanta Library Program to Close
On the Tavis Smiley show on NPR....
"Due to financial cuts, Clark-Atlanta University in Georgia, a
historically black college, is planning to close its well-regarded school
of library and information science. NPR's Tavis Smiley talks with Akilah
Nasokhere a librarian and a Clark-Atlanta graduate and Carol Brey
Casiano, president of the American Library Association."
Core Competencies for support staff at service desks:
[ sent by Doug Morrison to the RUSA list ]
Hennen's American Public Library Ratings 2004
[ from Thomas Hennen to multiple recipients ]
Barbarians at the Gates of the Public Library:
How Postmodern Consumer Capitalism Threatens Democracy,
Civil Education and the Public Good
written by Ed D'Angelo ©2004
[ from Ed D'Angelo to the Anarchist Librarians listserv ]
In ACLU Case, Federal Court Strikes Down Patriot Act Surveillance Power
September 29, 2004
[ sent by Beth Boyson to the ALA Council list ]
Killed: Great Journalism Too Hot to Print
Edited and introduced by David Wallis
June 2004 - ISBN 1560255811
Martyrs for the cause of journalism
By Charles Taylor
(Article in Salon.com about this book)
Interview with Wallis at I Want Media
Radio interview of Wallis with Robert McChesney, on Media Matters
Sept. 19, 2004
[ found surfing ]
Website for scholarly study of children's literature
[ sent by Kay Vandergrift to the JESSE list ]
Anti-Propaganda Tradition in the United States
Bulletin Board for Peace, 29 June 2003
Effective Advertising or Dangerous Delusions?
Lawrence Pintak, University of Michigan
[ found surfing ]
Changes in LIS Education - a bibliography
[ from Bernie Sloan to the JESSE list ]
A good reference tool for world calendarrs and time information.
[ found surfing ]
THE UNAPOLOGETIC BIBLIOKLEPT - We steal books.
Livejournal (a kind of blog) for people who steal books....
[ found surfing ]
"Fall Foliage Celebration"
from a scientific and nature-loving perspective
[ sent by Fred Stoss to the SRRT list ]
2. Terry Tempest Williams muzzled by University 'till after the election
Florida Gulf Coast University Postpones Liberal Utah Speaker's
Convocation address 'till after the election
[ sent by Don Wood to the ALA IFACTION list ]
Date: Thu, 07 Oct 2004 13:48:33 -0500
From: Don Wood <dwood[at]ala.org>
Subject: [MEMBER-FORUM:289] Letters to President William Merwin from
Lane-Zucker and Terry Tempest Williams
October 6, 2004
President William Merwin
Florida Gulf Coast University
Ft. Myers, FL
Dear President Merwin,
This letter follows upon my learning today the unexpected and startling
news that you and the Board of Governors at Florida Gulf Coast University
have voted to break the contract with Terry Tempest Williams regarding her
planned Convocation address and participation in other university-related
events on October 24th-25th, 2004, which were to be a part of The Orion
Society's Open Space of Democracy Tour. This action, undertaken from what
I understand was an explicitly political rationale by appointees of
Florida Governor Jeb Bush was done without prior consultation with any of
the eight co-sponsoring organizations, and at such a late date (months
after the contract was signed and a mere few weeks before the events) that
I am, frankly, stunned.
Contrary to your fears, Terry had absolutely no intention of promoting a
"specific political platform" or a "strident political message." Both
Terry Tempest Williams and The Orion Society, a cultural and educational
501 c (3) nonprofit organization, have very little interest in
one-dimensional political rants. We believe they are unproductive and
contrary to our educational process and principles. The primary goal of
The Open Space of Democracy Tour, and Terry's book by the same name, is to
open, not close, dialogue and to inspire active citizen participation in
our democracy. As we state in the Tour's descriptive materials, The Tour
features "readings and dialogue on questions of American leadership and
values, the qualities of a peaceful and secure homeland, and the
responsibilities of civic engagement."
A vital democracy, not to mention public education, depends on free
speech, free-thinking, dialogue, and participation. The entire history of
The Orion Society's publications and programs demonstrate a profound
interest in offering fresh language and penetrating insights to the
challenges facing our communities, our nation, and the world. Orion has a
strong reputation for the highest quality independent thinking and
educational programming, as evidenced by twenty-seven total nominations
from the Independent Press Awards, the successful conferences and reading
Tours that we have organized with over forty leading colleges and
universities (including two that are enthusiastically hosting separate
stops on the Open Space of Democracy Tour) and, most recently, by the
previous book in our New Patriotism Series (of which Ms. Williams' work is
the latest release) receiving the 2004 Intellectual Freedom Award from the
American Library Association.
A frequent contributor to our publications and participant in our
educational programs, Ms. Williams has proven herself time and again to be
an extraordinary educator and inspirational speaker. Far from talking
down to, or at, people, Ms. Williams opens students' hearts and minds to
new possibilities and transformative actions. As far back as the first
time that Orion worked with Ms. Williams in a university setting (1992 at
Yale), she has proven herself extraordinarily adept at creating an
inclusive and passionate space for dialogue and learning. She is as
passionate, dedicated, and warm as her writings might suggest. Her
opinions are strong, her language rich and textured, and her vision great.
As such there are few better educators around.
Both The Orion Society and Ms. Williams eagerly looked forward to engaging
with the students, faculty, and broader community of Florida Gulf Coast
University on October 24th and 25th. Given the extraordinary level of
interest within the culture in just the questions upon which the Tour is
focusing, Terry's visit afforded an extraordinary opportunity to provide
your students with a profound educational experience. This action by you
and your Board undermines what should be fundamental educational and
democratic values in favor of political expediency.
What is it exactly that you and your Board colleagues fear? Ideas?
Well-articulated passion? Truth? This action is an insult to the
intelligence of your students and faculty and exposes a frailty of
commitment on the part of your administration and Board of Governors.
The Orion Society
Cc: Terry Tempest Williams
Terry Tempest Williams
HC 64 Box 3710
Castle Valley, Utah 84532
6 October 04
President William Merwin
Florida Gulf Coast University
Ft. Myers, Florida
Dear President Merwin:
Democracy is an insecure landscape and today it feels more so. I am deeply
disappointed by your decision to postpone the Convocation at Florida Gulf
Coast University. I was looking forward to addressing the students in the
spirit of conversation and discussing what engagement within a vibrant
The fact that you view my presence as "threatening" to your university
because of statements I have made in print regarding President George W.
Bush is deeply troubling. If our institutions of higher learning can no
longer be counted on as champions and respectors of freedom of speech,
then I fear no voice is safe from being silenced in this country. I
understand this morning the Board of Governors supported your decision by
a vote of 11 to 1, the dissenting vote belonging to the president of the
senate, a faculty member, the only trustee not appointed by Governor Jeb
Bush. As an American writer, I believe that to deny the students their
own Convocation at this point in time, when this is precisely the
conversation we are having now as a nation, is not only a breach of
contract, but more tragically, a breach in democracy.
I appreciated our conversation yesterday. It was important for me to
listen to your concerns. You voiced your discomfort with my "anti-Bush"
statements within the pages of my book, The Open Space of Democracy. You
feared this would be a direct offense to Governor Jeb Bush, the brother of
our president, who appointed the Board of Regents, your own Board of
Trustees, and your donors, many who are supporters of the Bush brothers.
In the name of "political balance" you made up your mind to postpone the
Convocation and all other events associated with it, which also prohibits
me from delivering the "Rachel Carson Distinguished Lecture" the following
Monday, October 25, on Sanibel Island. You conveyed your sense of
responsibility to "advance and protect" your institution and you feared
that what I have said in writing is harmful to your university.
When I asked you what words of mine, in particular, had offended you the
most, you shared them with me. As we read through the text together (pp.
17-19), it became clear that these words had been taken out of context,
that my critique of President George W. Bush was, in fact, a critique of
my own political rhetoric. What I was asking of myself was a deeper
consideration of my own engagement in the democratic process, "...how
might we face the polarity of opinion in our country right now, how we
might take opposing views and blend them into some kind of civil
dialogue." Each of us has the opportunity to engage in reflective
questioning if we choose to move forward as a responsive citizen. By
taking my words out of context and portraying me as "a Bush-basher"
misrepresents me as a writer. The integrity of any writer's work resides
in the dignity and imagination of ideas, not in the one-dimensional
platitudes of a political campaign.
This is the irony of the situation you and I find ourselves in now. I do
not believe either one of us wants to be trapped by ideology. The Open
Space of Democracy is a call for conscious dialogue in times of divisive
political rhetoric that has no heart.
We have missed a rich opportunity for compassionate understanding and
empathy. Censorship betrays the students* intelligence, individual power
of discernment, and their own passionate exploration of ideas as they
prepare to vote. I believe your action has stopped the dialogue around
Convocation at a time when we need it most. Consequently, the student body
of Florida Gulf Coast University is being robbed of the experience of
emancipatory education, the gift of being able to participate in critical
thinking, meaningful dialogue and debate, the very process inherent in an
Carlo Maria Martini, a member of the College of Cardinals at the Vatican,
in a letter to writer Umberto Eco regarding the nature of democracy,
wrote, "The delicate game of democracy provides for a dialectic between
opinions and beliefs in the hope that such exchange will expand the
collective moral conscience that is the basis of orderly cohabitation."
The students of Florida Gulf Coast University have a copy of The Open
Space of Democracy in hand. Perhaps this is what matters most. It is my
sincere hope that the students will create their own terrain of dialogue
and dissent, creativity and conversation. Democracy invites us to take
risks. It asks that we vacate the comfortable seat of certitude, remain
pliable, and act, ultimately, on behalf of the common good. Democracy's
only agenda is that we participate...
I look forward to full participation in this ongoing discussion,
President Merwin, and await a future invitation to speak at Florida Gulf
You will find my honorarium for $5000 returned to you with a request that
it be given to students at The Center for Environmental and Sustainability
Education with the idea that it could be used to create a forum for
freedom of speech, whereby this discussion in the name of "the open space
of democracy" can continue.
Terry Tempest Williams
cc: The Orion Society, The Steven Barclay Agency, The Eagle
RE: TFOE [MEMBER-FORUM:289] Letters to President William Merwin
from Laurie Lane-Zucker and Terry Tempest Williams (fwd)
Date: Today 04:10:15 pm
From: "Dwyer, Jim" <JRDwyer[at]csuchico.edu>
To: <tfoe[at]ciesin.columbia.edu>, <SRRTAC-l[at]ALA.org>,
In your letters you may wish to note that Ms. Williams was recently
appointed as the first Annie Clark Tanner Fellow in Environmental
Studies at the University of Utah, merely the leatest award in a long
and distinguished career. See the August 13, 3004 issue of the Chronicle
of Higher Education (or as I prefer to call it, the "Chronically Higher
Educated") p. B15.
3. BCALA plan to save Clark Atlanta's Library School
---------- Forwarded message ----------
Date: Mon, 27 Sep 2004 17:02:51 -0400
----- Original Message -----
From: "Jackson, Andrew P" <Andrew.P.Jackson[at]QueensLibrary.org>
With the recent news that ALA President Carol Brey-
Casiano and CAU Alum and BCALA member Akilah
Nosakhere were interviewed by Tavis Smiley, I am
updating you on a the CAU SLIS closure situation.
In a September 13th memo, (see below), the Ad Hoc Atlanta Alumni
Group, the BCALA Executive Board is asked to serve as a fiscal conduit for
funds to be raised by the CAU SLIS Steering Committee, towards saving Clark
Atlanta University's Graduate School of Library and Information
Studies. The following facts are submitted as we review this request for
considerationand a decision.
a) At this time, the CAU Board of Trustees is committed to provide
scholarships, faculty and curricula needs for the SLIS Class of
2005 to complete its requirements for graduation.
b) There are three individual groups: 1) an ad-hoc Atlanta
based group of local library alumni, The CAU Alumni Support Group.
2) an Atlanta based community based group, The Coalition of Metropolitan
Atlanta Concerned Citizens (COMACC) and 3) The CAU Alumni, an official
national organization of alumni recognized by the University, which has
not take a position regarding the proposed closing of the library school.
NOTE: BCALA would be serving as fiscal conduit for #1, The CAU Alumni
Support Group. Note: BCALA Treasurer Stanton Biddle, also a CAU Alumni,
indicated without the approval of CAU, no entity is authorized to raise
or accept funds in its name. Therefore, this could produce legal problem
c) All efforts to meet with President Broadnax or the Board of
Trustees by representatives of ALA, BCALA, COMACC and the SLIS
Alumni Steering Committee and other parties to discuss the reversal
of the closure decisionhave been unsuccessful.
d) President Broadnax and the Board of Trustees have not been
approachedon these pledges and fundraising efforts on behalf of
the CAU SLIS or if such fundraising efforts are successful, if it
will affect the closure decision.
e) Based on feedback I've received about the July 27th open
meeting regarding the Future of Library School Education in
Georgia, one could draw two conclusions:
1) The closure of Clark Atlanta University's School of Library and
Information Studies is final. No budgeting is proposed for the school
beyond June 2005. However, there is always hope that this decision will
2) An alternative to the CAU SLIS was announced at that meeting,the
creation of an Atlanta-based SLIS from Valdosta State University with a
facility in the Atlanta area offering online courses for new students or
those who have yet to complete their graduation requirements by June 2005.
Although currently unaccredited, Dr. Koehler, Director of the Voldosta
SLIS indicated the program could receive ALA accreditation within two
In a recent conversation with Interim Dean of Clark Atlanta University's
Graduate School of Library and Information Studies, Dr. Anita O'Neal,
we discussed the closure of the graduate school. Dr. O' Neal was very
pleased BCALA has been and continues to be involved in this matter. She
thanks the Caucus for its efforts thus far and asks that we continue to
Dr. O'Neal and I discussed the above areas of concern. Although her hope
is that the decision to close is reversed, at this time, there is nothing
to suggest the administration or board will change its decision. Based
on that, she was also reluctant to endorse a massive fundraising effort
without some agreement with CAU administration and board of trustees these
funds will impact on the closure decision. She also agrees that if closure
is averted,an endowment would be more beneficial in the long run than a
At my request, Dr. O'Neal accepted an invitation to speak with the Executive
Board and at the General Membership Meeting at the January 2005 Mid-Winter
Meeting in Boston to update us on any changes or progress in the status of
This request is submitted to you for open discussion and recommendations
as to whether we should or should not accept the request to serve as
a fiscal conduit for pledge and fundraising efforts on behalf of CAU SLIS
by the CAU Alumni Steering Committee.
Respectfully submitted: Andrew P. Jackson, (Sekou Molefi Baako)
To: Andrew P. Jackson, BCALA President and Executive Board
From: Akilah Nosakhere, Ad Hoc Atlanta AU/CAU Alumni Group
CC: Dr. Ismail Abdullahi, Clark Atlanta University School of
Library and Information Studies
Date: September 13, 2004
Re: Joint Fundraising Initiative for the CAU SLIS
Last August we learned the Clark Atlanta University School of Library and
Information Service was in danger of being closed due to financial
difficulties at CAU. This announcement was a total surprise to the alumni
and the library world. The news touched off a national campaign to save
the historic library school from closure. A national rally was organized
in Atlanta in a show of support and solidarity for the school. Letters of
support for the SLIS, petitions, and financial donations were sent to
Clark Atlanta University President Dr. Broadnax pleading with him
reconsider his recommendation to close the library school that has educated
generations of black librarians.
In spite of efforts by SILS faculty, CAU colleagues, the SLIS alumni,
national and international supporters, on October 16, 2003, the Clark
Atlanta University Board of Directors voted to close the historic
school of Library and Information Service without conferring with library
While some have accepted the fate of the CAU SLIS, there is still hope the
school can survive beyond the May 2005 closure date. Many alumni and
library education supporters are ready to raise funds for the library
school with the hope that the CAU Board of Directors will reconsider its
decision to end the 62-year old program.
BCALA can play an important role in this critical fundraising effort
by agreeing to serve as the 'fiscal conduit' for the campaign. Therefore,
the ad hoc Atlanta Alumni group and Dr. Ismail Abdullahi (SLIS faculty
member) request that BCALA sponsor a fundraising committee consisting of
AU/CAU SLIS Alumni and library educators so that we can begin this important
worldwide campaign to save our beloved school. Thank you.
4. Moving WIPO in a new direction - documents
[Fwd: Joint Library PR on WIPO Declaration]
Date: 09/28/04 09:57 am
From: Sam Trosow <strosow[at]uwo.ca>
To: PLGNet-L List <PLGNet-L[at]listproc.sjsu.edu>,
SRRT Action Council <srrtac-l[at]ala.org>
Here is a press release from the American Association of Law Libraries,
the American Library Association, the Association of Research Libraries,
and the Special Library Association endorsing the Geneva Declaration on
the Future of the World Intellectual Property Association. You can view
the declaration along with background information, and add your name to
the statement at:
I think the declaration is an extremely positive development and I am
quite pleased to see the major library associations endorse it. Under
the leadership of Argentina, Brazil and other developing countries, a
"Development Agenda" is being promoted at WIPO that seeks to turn the
corner on the one-sided expansion of intellectual property rights
without regard for the public interest that has plagued WIPO in recent
years. It's because of WIPO that the DMCA was passed so quickly in the
US with such little thought about its negative implications, and now
similar measures are being pushed in Canada. Looking over the list of
signators gathered already, the broad-based support on an international
level for a new progressive agenda is very evident.
University of Western Ontario
September 27, 2004
Four major U.S. library associations today endorsed the Geneva
Declaration on the Future of the World Intellectual Property
Organization. Together, the American Association of Law Libraries, the
American Library Association, the Association of Research Libraries
and the Special Libraries Association represent the views of over
90,000 librarians and millions of library users throughout the United
States and abroad.
The Geneva Declaration calls for the development of a new agenda for
the World Intellectual Property Organization (WIPO) that recognizes
the importance of intellectual property for the future of humanity
while stressing the importance of balance in the laws and policies
governing such intellectual property. WIPO must move beyond its
original agenda of simply protecting intellectual property to develop
a new agenda that promotes both international development and
establishes new approaches to supporting innovation and creativity.
In recent years, our library organizations have been concerned about a
number of trends that have combined to limit access to knowledge.
These include, among others:
" the lengthening of the copyright term which substantially delays
works from entering the public domain;
" the development of legal protections for technological protection
devices without consideration of whether the circumvention of such a
measure would be done for a lawful purpose; and,
" the efforts to develop new protections for databases containing
facts and other public domain material.
Our organizations believe that these recent efforts to expand
intellectual property rights have gone too far and must be brought
back into balance. The development of a new agenda will give WIPO the
opportunity to take a leadership role in re-crafting the necessary
balance. In doing so, we urge WIPO to affirmatively seek to balance
the rights of creators with the rights of users. This may call for the
rollback of recent expanded protections or the development of new user
rights to counterbalance them. We also urge WIPO to deal creatively
with the issues raised by digital technology to provide appropriate
levels of protection while also supporting the rights of users to
effectively use the new technologies.
We believe that as WIPO seeks to develop its new agenda, it should:
" promote the development of a robust and expanding public domain,
allowing new works to enter the public domain following a fair and
reasonable period of exploitation by the original creator; and,
" establish accepted limits on the rights of copyright owners that
permit reasonable uses for legitimate purposes.
The development of digital technology has created a fundamental
challenge to the copyright system. The creation of a new agenda is an
opportunity for WIPO to move beyond a protectionist approach to craft
balanced solutions to today s issues. Our organizations look forward
to working with WIPO and the international library community to
develop an agenda that will both promote the protection of
intellectual property and, at the same time, encourage access to
knowledge and international growth and development.
The American Association of Law Libraries (AALL) is a nonprofit
educational organization with over 5000 members nationwide who respond
to the legal information needs of legislators, judges and other public
officials, corporations and small businesses, law professors and
students, attorneys, and members of the general public. AALL s mission
is to promote and enhance the value of law libraries, to foster law
librarianship and to provide leadership and advocacy in the field of
legal information and information policy.
Contact: Robert L. Oakley (202-662-9160)
The American Library Association (ALA) is a nonprofit educational
organization of over 64,000 librarians, library trustees, and other
friends of libraries dedicated to improving library services and
promoting the public interest in a free and open information society.
Contact: Lynne Bradley (202-628-8410)
The Association of Research Libraries (ARL) is a nonprofit
organization of 123 research libraries in North America. ARL programs
and services promote equitable access to and effective use of recorded
knowledge in support of teaching, research, scholarship, and community
Contact: Prue Adler (202-296-2296)
The Special Libraries Association (SLA) The Special Libraries
Association (SLA) is a nonprofit global organization for innovative
information professionals and their strategic partners. SLA serves
more than 12,000 members in 83 countries in the information
profession, including corporate, academic and government information
specialists. SLA promotes and strengthens its members through
learning, advocacy, and networking initiatives.
Contact: Doug Newcomb (703-647-4923)
IFLA Position on Geneva Declaration on the Future of WIPO
Date: 09/29/04 10:06 am
From: Winston Tabb <wtabb[at]jhu.edu>
** High Priority **
In recent weeks IFLA, through its Committee on Copyright and Other Legal
Matters, IFLA has been actively engaged with a large number of
organizations and individuals in preparing a Declaration on the Future
of WIPO. This Declaration is being published today in Geneva timed to
coincide with the opening of the WIPO General Assembly.
Our collective concern is that WIPO has thus far inadequately protected
and promoted the balance between users and owners of information that is
fundamental for fair and effective intellectual property regimes.
IFLA's position paper highlights adverse ways in which libraries and
our users have been particularly affected by the direction that WIPO and
its member states have taken in the past 30 years. We urge you to
familiarize yourself with this statement, and to use it to inform your
own governments about changes we want them to help us make in the future
directions of WIPO.
The Declaration (in Englsih, French and Spanish) and lsit of charetr
signatories can be found at
Dean of University Libraries and Sheridan Director
Johns Hopkins University
3400 N. charles St., MSEL
Baltimore, MD 21218
A Development Agenda for WIPO
Date: Tuesday 10:25:41 am
From: "Mincio, Danielle" <Danielle.Mincio[at]bcu.unil.ch>
CC: Sjoerd.Koopman[at]ifla.nl, raseroka[at]mopipi.ub.bw, Alex.Byrne[at]uts.edu.au,
wtabb[at]jhu.edu, Daisy.McAdam[at]ses.unige.ch, Genevieve.Clavel[at]slb.admin.ch,
corpa[at]hei.unige.ch, muller[at]hei.unige.ch, sinikka.sipila[at]fla.fi,
You'll find below a message of Third World Network reporting an
important decision of the WIPO to take care of the developing
countries adopted by he WIPO General Assembly on 4 October.
DEVELOPING COUNTRIES' PROPOSAL FOR ESTABLISHING A
DEVELOPMENT AGENDA FOR WIPO
A major development of potentially great significance took place at
the General Assembly of the World Intellectual Property Organisation
(WIPO), held in Geneva on 27 September to 5 October 2004: the
presentation of a proposal by several developing countries to
establish a "Development Agenda" for WIPO.
The proposal (which has the document number WO/GA/31/11, dated August
27 2004) was originally submitted by Argentina and Brazil. It was
co-sponsored by Bolivia, Cuba, Dominican Republic, Ecuador, Iran,
Kenya, Sierra Leone, South Africa, Tanzania and Venezuela. On 4
October, Egypt announced it was also joining as a co-sponsor.
Below is the full version of the proposal.
The proposal was discussed extensively by the Assembly in formal and
informal sessions on 30 September, 1 and 2 October and a decision
welcoming it was adopted by the WIPO General Assembly on 4 October.
Reports on the debate and the decision will be issued by TWN Info
With best wishes
Proposal by Argentina and Brazil for the Establishment of a
Development Agenda for the World Intellectual Property Organization
Submitted to the 40th Series of Meetings of the Assemblies of the
Member States of WIPO and to the 31st Session of the WIPO General
27 September -5 October 2004
I - DEVELOPMENT, THE MOST IMPORTANT CHALLENGE FACING THE
At the dawn of a new Millennium, development undoubtedly
remains one of the most daunting challenges facing the international
community. The importance of facing up to this challenge has been
widely acknowledged in many international fora at the highest level.
The United Nations adopted the Millennium Development Goals, which
established a firm commitment by the international community to
address the significant problems that affect developing countries and
LDCs. The Programme of Action for the Least Developed Countries for
the Decade 2001-2010, the Monterey Consensus, the Johannesburg
Declaration on Sustainable Development and the Plan of Implementation
agreed at the World Summit on Sustainable Development, the
Declaration of Principles and the Plan of Action of the first phase
of the World Summit on the Information Society, and most recently the
São Paulo consensus adopted at UNCTAD XI, have all placed development
at the heart of their concerns and actions. This has also been the
case in the context of the current Doha round of multilateral trade
negotiations of the World Trade Organization (the "Doha Development
Agenda"), which was launched at the WTO's 4th Ministerial Conference,
in November 2001.
II - THE DEVELOPMENT DIMENSION AND INTELLECTUAL PROPERTY PROTECTION
Technological innovation, science and creative activity in general
are rightly recognized as important sources of material progress and
welfare. However, despite the important scientific and technological
advances and promises of the 20th and early 21st centuries in many
areas, a significant "knowledge gap", as well as a "digital divide",
continue to separate the wealthy nations from the poor.
In this context, the impact of intellectual property has been widely
debated in past years. Intellectual property protection is intended
as an instrument to promote technological innovation, as well as the
transfer and dissemination of technology. Intellectual property
protection cannot be seen as an end in itself, nor can the
harmonization of intellectual property laws leading to higher
protection standards in all countries, irrespective of their levels
The role of intellectual property and its impact on
development must be carefully assessed on a case-by-case basis. IP
protection is a policy instrument the operation of which may, in
actual practice, produce benefits as well as costs, which may vary in
accordance with a country's level of development. Action is therefore
needed to ensure, in all countries, that the costs do not outweigh
the benefits of IP protection.
In this regard, the adoption of the Doha Declaration on the TRIPS
Agreement and Public Health at the 4th Ministerial Conference of the
WTO represented an important milestone. It recognized that the TRIPS
Agreement, as an international instrument for the protection of
intellectual property, should operate in a manner that is supportive
of and does not run counter to the public health objectives of all
The need to integrate the "development dimension" into policy-making
on intellectual property protection has received increased
recognition at the international level. Also in the framework of the
WTO, paragraph 19 of the WTO's Doha Ministerial Declaration, in
setting a mandate for the TRIPS Council in the context of the Doha
Development Agenda, refers explicitly to the need to take fully into
account the development dimension.
III - INTEGRATING THE DEVELOPMENT DIMENSION INTO WIPO'S ACTIVITIES
As a member of the United Nations system, it is incumbent
upon the World Intellectual Property Organization (WIPO) to be fully
guided by the broad development goals that the UN has set for itself,
in particular in the Millennium Development Goals. Development
concerns should be fully incorporated into all WIPO activities.
WIPO's role, therefore, is not to be limited to the promotion of
intellectual property protection.
WIPO is accordingly already mandated to take into account
the broader development-related commitments and resolutions of the UN
system as a whole. However, one could also consider the possibility
of amending the WIPO Convention (1967) to ensure that the
"development dimension" is unequivocally determined to constitute an
essential element of the Organization's work program.
We therefore call upon WIPO General Assembly to take immediate action
in providing for the incorporation of a "Development Agenda" in the
Organization's work program.
IV - THE DEVELOPMENT DIMENSION AND INTELLECTUAL PROPERTY
NORM-SETTING: SAFEGUARDING PUBLIC INTEREST FLEXIBILITIES
WIPO is currently engaged in norm-setting activities in various
technical Committees. Some of these activities would have developing
countries and LDC's agree to IP protection standards that largely
exceed existing obligations under the WTO's TRIPS Agreement, while
these countries are still struggling with the costly process of
implementing TRIPS itself.
The current discussions on a draft Substantive Patent Law
Treaty (SPLT) in the Standing Committee on the Law of Patents are of
particular concern. The proposed Treaty would considerably raise
patent protection standards, creating new obligations that developing
countries will hardly be able to implement. In the course of
discussions, developing countries have proposed amendments to improve
the draft SPLT by making it more responsive to public interest
concerns and the specific development needs of developing countries.
A consideration of the development dimension of intellectual property
must be quickly brought to bear on discussions in the SCP. If
discussions on the SPLT are to proceed, these should be based on the
draft treaty as a whole, including all of the amendments that have
been tabled by developing countries. Moreover, Members should strive
for an outcome that unequivocally acknowledges and seeks to preserve
public interest flexibilities and the policy space of Member States.
Provisions on "objectives and principles", reflecting the content of
Articles 7 and 8 of the TRIPS Agreement, should be included in the
SPLT and other treaties under discussion in WIPO.
While access to information and knowledge sharing are regarded as
essential elements in fostering innovation and creativity in the
information economy, adding new layers of intellectual property
protection to the digital environment would obstruct the free flow of
information and scuttle efforts to set up new arrangements for
promoting innovation and creativity, through initiatives such as the
Creative Commons'. The ongoing controversy surrounding the use of
technological protection measures in the digital environment is also
of great concern.
The provisions of any treaties in this field must be balanced and
clearly take on board the interests of consumers and the public at
large. It is important to safeguard the exceptions and limitations
existing in the domestic laws of Member States.
In order to tap into the development potential offered by the digital
environment, it is important to bear in mind the relevance of open
access models for the promotion of innovation and creativity. In this
regard, WIPO should consider undertaking activities with a view to
exploring the promise held by open collaborative projects to develop
public goods, as exemplified by the Human Genome Project and Open
Finally, the potential development implications of several of the
provisions of the proposed Treaty on the Protection of Broadcasting
Organizations that the Standing Committee on Copyright and Related
Rights is currently discussing should be examined taking into
consideration the interests of consumers and of the public at large.
V - THE DEVELOPMENT DIMENSION AND THE TRANSFER OF TECHNOLOGY
The transfer of technology has been identified as an
objective that intellectual property protection should be supportive
of and not run counter to, as stated in Articles 7 and 8 of the TRIPS
Agreement. Yet, many of the developing countries and LDCs that have
taken up higher IP obligations in recent years simply lack the
necessary infrastructure and institutional capacity to absorb such
Even in developing countries that may have a degree of
absorptive technological capacity, higher standards of intellectual
property protection have failed to foster the transfer of technology
through foreign direct investment and licensing. In effect,
corrective measures are needed to address the inability of existing
IP agreements and treaties to promote a real transfer of technology
to developing countries and LDCs.
In this regard, a new subsidiary body within WIPO could
be established to look at what measures within the IP system could be
undertaken to ensure an effective transfer of technology to
developing countries, similarly to what has already been done in
other fora such as the WTO and the UNCTAD. Among these measures, we
note with particular interest the idea of establishing an
international regime that would promote access by the developing
countries to the results of publicly funded research in the developed
countries. Such a regime could take the form of a Treaty on Access to
Knowledge and Technology. It is also important that clear provisions
on transfer of technology be included in the treaties currently under
negotiation in WIPO.
VI - THE DEVELOPMENT DIMENSION AND INTELLECTUAL PROPERTY ENFORCEMENT
Intellectual property enforcement should also be approached in the
context of broader societal interests and development-related
concerns, in accordance with article 7 of TRIPS. The rights of
countries to implement their international obligations in accordance
with their own legal systems and practice, as clearly foreseen by
Article 1.1 of TRIPS, should be safeguarded.
In setting up the Advisory Committee on Enforcement (ACE) in 2002,
the WIPO General Assembly clearly rejected a "TRIPS-plus" approach to
enforcement matters, by deliberately deciding to exclude all
norm-setting activities from the Committee's mandate. In undertaking
any future work under its mandate, the ACE should be guided by a
balanced approach to intellectual property enforcement. The ACE
cannot approach the issue of enforcement exclusively from the
perspective of right holders, nor have its discussions focus narrowly
on curbing the infringement of IP rights. Such discussions are
important, but the ACE must also give consideration to how best to
ensure the enforcement of all TRIPS-related provisions, including
those that would impute obligations to right holders as well.
Particular attention should be paid to the need to ensure that
enforcement procedures are fair and equitable and do not lend
themselves to abusive practices by right holders that may unduly
restrain legitimate competition. In this regard, we note that Article
8 of TRIPS states that corrective measures may be necessary to curb
practices that may adversely affect trade and the international
transfer of technology. One should also bear in mind the related
provision of Article 40 of TRIPS, which addresses anti-competitive
practices in contractual licenses. All of these provisions of the
TRIPS Agreement should be adequately brought into WIPO's framework.
VII - PROMOTING "DEVELOPMENT ORIENTED" TECHNICAL COOPERATION AND ASSISTANCE
WIPO is the main multilateral provider of technical
assistance in the field of intellectual property. By virtue of the
1995 agreement with the WTO, it plays an important role in providing
developing countries with technical assistance to implement the TRIPS
agreement. As a United Nations specialized agency, WIPO has an
obligation to ensure that its technical cooperation activities are
geared towards implementing all relevant UN development objectives,
which are not limited to economic development alone. These activities
should also be fully consistent with the requirements of UN
operational activities in this field - they must be, in particular,
neutral, impartial and demand-driven.
Programs for technical cooperation in IP related matters should be
considerably expanded and qualitatively improved. This is important
to ensure that in all countries the costs of IP protection do not
outweigh the benefits thereof. In this regard, national regimes set
up to implement international obligations should be administratively
sustainable and not overburden scarce national resources that may be
more productively employed in other areas. Moreover, technical
cooperation should contribute to ensuring that the social costs of IP
protection are kept at a minimum.
WIPO's legislative assistance should ensure that national laws on
intellectual property are tailored to meet each country's level of
development and are fully responsive to the specific needs and
problems of individual societies. It also must be directed towards
assisting developing countries to make full use of the flexibilities
in existing intellectual property agreements, in particular to
promote important public policy objectives.
VIII - A MEMBER-DRIVEN ORGANIZATION OPEN TO ADDRESSING THE CONCERNS
OF ALL STAKEHOLDERS, IN PARTICULAR CIVIL SOCIETY
A balanced system of intellectual property protection should service
the interests of all sectors of society. Given the broad public
policy implications of intellectual property, it is crucial to
involve a commensurately broad range of stakeholders in the
discussions on intellectual property, both at the national and
international levels, including in all norm-setting activity.
Currently, in WIPO, the term NGO is used to describe both public
interest NGOs and user organizations. This creates confusion and does
not seem consistent with existing UN practice, as implemented in most
of the UN specialized agencies. It is thus necessary, in WIPO, to
take appropriate measures to distinguish between user organizations
representing the interests of IP right holders and NGOs representing
the public interest.
Subsequently, WIPO should foster the active participation of public
interest non-governmental organizations in its subsidiary bodies to
ensure that in IP norm-setting a proper balance is struck between the
producers and users of technological knowledge, in a manner that
fully services the public interest.
IX - CONCLUSION
A vision that promotes the absolute benefits of intellectual property
protection without acknowledging public policy concerns undermines
the very credibility of the IP system. Integrating the development
dimension into the IP system and WIPO's activities, on the other
hand, will strengthen the credibility of the IP system and encourage
its wider acceptance as an important tool for the promotion of
innovation, creativity and development.
"WIPO DEVELOPMENT AGENDA": ISSUES AND MEASURES TO BE CONSIDERED
Without prejudice to further initiatives, the following proposals,
inter alia, could be considered by the General Assembly for the
implementation of the suggested "WIPO Development Agenda".
1) Adoption of a high-level declaration on intellectual property and
The Declaration could be adopted by the General-Assembly itself or by
a specially convened international conference on intellectual
property and development. The Declaration should address the
development concerns that have been raised by WIPO Member States and
the international community at large.
2) Amendments to the WIPO Convention
In order to ensure that development concerns are fully brought into
WIPO activities, the Member States may consider the possibility of
amending the Convention Establishing the World Intellectual Property
Organization (1967). The amendment would explicitly incorporate the
development dimension into WIPO's objectives and functions. Since
Article 4 ("Functions") of the WIPO Convention relates its Article 3
("Objectives"), paragraph (i) of Article 3 of the WIPO Convention
could be amended to read as follows:
"(i) to promote the protection of intellectual property throughout
the world through cooperation among States and, where appropriate, in
collaboration with any other international organization, fully taking
into account the development needs of its Member States, particularly
developing countries and least-developed countries"
3) Treaties under negotiation
Treaties under negotiation in WIPO, such as the SPLT,
should include provisions on the transfer of technology, on
anticompetitive practices as well as on the safeguarding of public
interest flexibilities. Moreover, those treaties should include
specific clauses on principles and objectives. The language provided
in Articles 7 and 8 of the TRIPs Agreement is an adequate starting
point, taking into account, however, that WIPO treaties do not
expressly deal with "trade-related issues".
4) Technical cooperation
We urge the Program and Budget Committee, in its next sessions, to
establish consistent pluriannual programs and plans for cooperation
between WIPO and developing countries aiming at strengthening
national intellectual property offices, so that they may effectively
become an acting element in national development policy. Those
programs should be guided, moreover, by the principles and objectives
set out in Section VIII above.
5) Intellectual property and transfer of technology
We propose the creation of a Standing Committee on Intellectual
Property and the Transfer of Technology, for the consideration of
measures to ensure an effective transfer of technology to developing
countries and LDCs.
6) Joint WIPO-WTO-UNCTAD international seminar on intellectual
property and development
WIPO could jointly organize an international seminar with the WTO and
UNCTAD on intellectual property and development, with the active
participation of all relevant stakeholders, including public interest
NGOs, civil society and Academia.
7) Participation of civil society
WIPO must take the appropriate measures to ensure the wide
participation of civil society in WIPO's activities, changing WIPO's
terminology with regard to NGOs.
8) Working Group on the Development Agenda
Without prejudice to the previous proposals, a Working Group on the
Development Agenda could be established to further discuss the
implementation of the Development Agenda and work programmes for the
Organization on this matter, reporting to the 41st WIPO General
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