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	<title>Comments on: IP Experts Sign Declaration Seeking Balanced Copyright Three-Step Test</title>
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	<link>http://www.ip-watch.org/2008/07/24/ip-experts-sign-declaration-against-unbalanced-copyright-three-step-test/</link>
	<description>Original news and analysis on international IP policy</description>
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		<title>By: john e miller</title>
		<link>http://www.ip-watch.org/2008/07/24/ip-experts-sign-declaration-against-unbalanced-copyright-three-step-test/comment-page-1/#comment-5017067</link>
		<dc:creator>john e miller</dc:creator>
		<pubDate>Wed, 04 Jul 2012 11:11:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.ip-watch.org/weblog/?p=1172#comment-5017067</guid>
		<description><![CDATA[The above article mentions that the Munich Declaration was adopted in 2008 – there were many signatories in 2008 and 2009 in addition to ‘the original research group’. The current list (English) is available at 

http://www.ip.mpg.de/de/pub/aktuelles/declaration-threesteptest/list_of_supporters.cfm#i34948

There were an additional 8 signers in 2010; 3 signers in 2011; and none so far listed in 2012. At least for the USA, you will not see any signatories from the Law School Faculties of Harvard, Yale, Stanford, UCLA, NYU, etc.

However, these days you can find at least someone who wants to attach provisions of the Munich Declaration to almost any international IP Treaty or Act such as TPPA, ACTA, or the WIPO SCCR Copyright proposal for those with reading disabilities. To the best of my non-lawyerly research, the provisions of the Munich Declaration have never as yet been codified in any domestic or international legislation.

For the upcoming WIPO SCCR 24 discussions, there is a proposed Article I. in SCCR23/7 that mentions:

 “The three-step test should be interpreted in a manner that respects the legitimate interests of third parties, including
– interests deriving from human rights and fundamental freedoms&quot;

The proposed 23/7 instrument is already burdened by endless definitions. The Max Planck - Munich Declaration authors refer to the EU CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION which states at Article 26:

Integration of persons with disabilities

The Union recognises and respects the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community.

This definition of ‘fundamental freedoms’ does little to specify what actual IP rights should be granted to Treaty Beneficiaries at Article B. whose definition of such persons is also yet to be finalized.

One might also anticipate that some persons in Geneva at SCCR 24 will try to introduce elements of the Munich Declaration into the proposed SCCR 23/5 PROPOSAL ON LIMITATIONS AND EXCEPTIONS FOR LIBRARIES AND ARCHIVES.

For those who would oppose these 2 WIPO SCCR instruments, a stall-is-as-good-as-a-win. 

I am sure those opponents would be happy to discuss at length just what-is or could-be or might-be a ‘fundamental freedom’ to be so codified or maybe included as a new ‘Whereas’ in the respective Preambles ... and maybe to carry such discussion to SCCR25 next winter and beyond.]]></description>
		<content:encoded><![CDATA[<p>The above article mentions that the Munich Declaration was adopted in 2008 – there were many signatories in 2008 and 2009 in addition to ‘the original research group’. The current list (English) is available at </p>
<p><a href="http://www.ip.mpg.de/de/pub/aktuelles/declaration-threesteptest/list_of_supporters.cfm#i34948" rel="nofollow">http://www.ip.mpg.de/de/pub/aktuelles/declaration-threesteptest/list_of_supporters.cfm#i34948</a></p>
<p>There were an additional 8 signers in 2010; 3 signers in 2011; and none so far listed in 2012. At least for the USA, you will not see any signatories from the Law School Faculties of Harvard, Yale, Stanford, UCLA, NYU, etc.</p>
<p>However, these days you can find at least someone who wants to attach provisions of the Munich Declaration to almost any international IP Treaty or Act such as TPPA, ACTA, or the WIPO SCCR Copyright proposal for those with reading disabilities. To the best of my non-lawyerly research, the provisions of the Munich Declaration have never as yet been codified in any domestic or international legislation.</p>
<p>For the upcoming WIPO SCCR 24 discussions, there is a proposed Article I. in SCCR23/7 that mentions:</p>
<p> “The three-step test should be interpreted in a manner that respects the legitimate interests of third parties, including<br />
– interests deriving from human rights and fundamental freedoms&#8221;</p>
<p>The proposed 23/7 instrument is already burdened by endless definitions. The Max Planck &#8211; Munich Declaration authors refer to the EU CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION which states at Article 26:</p>
<p>Integration of persons with disabilities</p>
<p>The Union recognises and respects the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community.</p>
<p>This definition of ‘fundamental freedoms’ does little to specify what actual IP rights should be granted to Treaty Beneficiaries at Article B. whose definition of such persons is also yet to be finalized.</p>
<p>One might also anticipate that some persons in Geneva at SCCR 24 will try to introduce elements of the Munich Declaration into the proposed SCCR 23/5 PROPOSAL ON LIMITATIONS AND EXCEPTIONS FOR LIBRARIES AND ARCHIVES.</p>
<p>For those who would oppose these 2 WIPO SCCR instruments, a stall-is-as-good-as-a-win. </p>
<p>I am sure those opponents would be happy to discuss at length just what-is or could-be or might-be a ‘fundamental freedom’ to be so codified or maybe included as a new ‘Whereas’ in the respective Preambles &#8230; and maybe to carry such discussion to SCCR25 next winter and beyond.</p>
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