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    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

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    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

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    Copyright Law Reform in Brazil: Anteprojeto or Anti-project?

    A balancing of the rights of authors and consumers, the re-introduction of a private copying exception, a remixing permission and a new regulatory agency for copyright issues are among the core points the Brazilian Ministry of Culture has planned for the new copyright law. But at the Third Conference on Copyright and the Public Interest in São Paulo a month ago, the Ministry emphasised that the bits and pieces shown to the audience were not from an actual law draft (”anteprojeto”) but only a preliminary proposal for formulating such a draft. The bill still has not been published to date. The delay in releasing the bill for public consultation now threatens the work of more than two years on the reform.


    Take Two: China’s Proposed Regulations For Patent-Involving National Standards

    The Standards Administration of China patent policy proposal fails to strike the desired balance and undervalues the intellectual property included in a standard. If implemented as worded, it will discourage the contribution of innovative technologies for use in national standards and the participation of patent holders, writes George Willingmyre.


    28 April 2009

    2009 World Telecom Policy Forum: All About The ITU Mandate

    By Monika Ermert for Intellectual Property Watch @ 5:28 pm

    LISBON - The role of information and communications technology (ICTs) in boosting global economic recovery plus the greening and convergence of ICTs were made top issues of the 4th World Telecom Policy Forum (WTPF) in Lisbon held on 22-24 April.

    The WTPF is held by the ITU every four years to allow the debate on current issues in telecommunication policy and the passage of non-binding opinions on these issues. In 2009, the forum focussed on internet-related public policy matters, next-generation networks, ICTs and climate change, security, new internet addresses, and the reform of the international telecommunications regulations.

    The most controversial topic for the 144-year-old United Nations organisation remains how much it should cover internet governance topics, including internet resource management currently in the hands of the Internet Corporation for Assigned Names and Numbers (ICANN), and other issues currently debated at the UN-led Internet Governance Forum (IGF).

    “It is about the mandate,” Richard Beaird, acting United States coordinator for international communications and information policy, confirmed to Intellectual Property Watch. The discussion has been going on for years, he added.

    The ITU has undertaken several projects over the years that target internet-related issues. The protection of children online, part of the 2007 cybersecurity agenda, is one of the newest and - according to statements by a number of member states - most non-controversial additions.

    Yet there is significant potential for new tasks to be taken up by the ITU following the wide range of issues addressed in the six opinions (the format for decisions made at the forum) and additional background papers by the ITU secretary general last week. These also focussed on emerging regulatory issues like internet neutrality, identity management, privacy and various aspects of security.

    With regard to the next-generation networks that the ITU has said before will become the “successor” to the internet, the non-profit Internet Society (ISOC) insisted on the contrary that the end-to-end based “internet model” must be preserved as a guarantee of innovation.

    On internet protocol version 6 (IPv6), the next wave of internet addresses that will become necessary when the current shorter IPv4 numbers run out, the ITU is still working on a model to become a registry for some member states.

    The United States took exception in its written statement for the forum to the addition of data protection and privacy in the report of the ITU secretary general. And Germany said cybercrime is an issue to be tackled primarily by national governments and not the ITU.

    ITU’s Internet Mandate

    “There is no internet without a telephone line,” Touré said at the press conference, in answer to the frequently repeated journalist question about “his ambitions” with regard to internet governance. He added at the same time the standard answer that he does not want to take over ICANN, the internet technical coordinating body.

    In his report which included the six opinions, however, Touré said that “substantive discussions, some of which suggest very significant changes in the present governance mechanisms for the internet, on these issues continue.” It is “necessary to create an environment that enables governments, on an equal footing, to carry out their roles and responsibilities in international public policy issues pertaining to the internet,” he said.

    “The management of internet resources, international internet interconnection [that is, tariffs and accessibility], the importance of the creation of internet exchanges and registries, the multilingual internet and diversity of participation in the internet and of the IP network identifiers” should be further discussed by a dedicated ITU working group, according to Touré`s report.

    The forum opinion on “internet-related public policy issues,” one of six opinions passed by member states during this year’s forum, led to the most controversial debates between member states. Syria and France had a face-off in the final plenary about who was in charge of the process of “enhanced cooperation,” a process adopted by the 2003-2005 World Summit of the Information Society without a commonly accepted definition of the concept.

    The discussion was initiated by a UN Department of Economic and Social Affairs (UNDESA) statement delivered by IGF Secretary Markus Kummer. UNDESA is the institutional home of the IGF, which is not an organisation but a UN forum. The statement reported on the answers of various internet governance organisations to questions by UNDESA about their efforts with regard to enhanced cooperation.

    Most organisations thought of the process as “facilitating and contributing to multi-stakeholder dialogue” and that the purpose of such cooperation would range from “information and experience-sharing, consensus-building and fundraising to technical knowledge transfer and capacity building,” reported Kummer.

    The “thematic focuses of the cooperation arrangements covered by these organisations are very much in line with those being discussed at the IGF and here at the WTPF,” Kummer said, quoting the answers to the UNDESA questionnaire. “Some of these cooperative arrangements have already taken place among these core organisations, and more are being developed with other partners and these organisations.”

    Nabil Kisrawi, Syria`s permanent representative to the ITU, said that enhanced cooperation must be handled by a dedicated working group of the ITU Council, and ITU administrative body consisting of elected member state representatives, and not by the IGF. Enhanced cooperation was not taken up in two-and-a-half years after the WSIS and it was in the opinion of many Arab states an issue for member states to tackle, he said.

    Bertrand de la Chapelle, special envoy for the information society at French Ministry of Foreign and European Affairs, said that enhanced cooperation was not the exclusive responsibility of the ITU Council working group, but that all international organisations should equally contribute.

    Governments Divided over ITU Role in Critical Internet Resources

    How deeply member states are divided about ITU’s role in internet governance became clear from their plenary statements at the forum. Algeria recommended “to set up a supreme authority for the management of internet resources under the auspices of the United Nations, with technical support from the ITU and to establish “a regional (African) institute for internet governance, in liaison with ITU and the relevant services of the United Nations“ and an “telecommunication standardisation institute.“

    According to Algeria, this is necessary to ensure “that the developing countries, in particular from Africa, have a say in important decisions concerning development of the internet, its resources and its use.”

    Not only countries from the South agree on a bigger role for ITU. Marder Naum, deputy minister of the Russian Ministry of Telecom and Mass Communications, said the ITU should do more than discuss internet-related public policy matters in dedicated working groups, it also should look for implementation.

    More than a mere “advisory role“ for governments on internet resources would be welcome, according to Peter Voss, head of division, international ICT policy, at the German Federal Ministry of Economics and Technology. But the German government like its colleagues from other western industrialised countries does not favour bigger institutional changes with regard to internet governance.

    “In our opinion, the existing procedures to shape the global internet have resulted in quite adequate decisions and results,” said Voss. And while a bigger role for governments in ICANN was requested, Voss also expressed his hope “that in the future the various organisations that are active in the field of internet governance will cooperate more closely rather than work side by side or even against each other.”

    “This objective is in line with what we believe was the objective of the initiatives that were taken by Secretary General Touré last year at the ICANN conference in Cairo and at the IGF in Hyderabad,” said Voss. Touré had made highly critical comments on both occasions and described the IGF as possibly becoming a waste of time because of its non-decision-making role.

    ITU, the Multi-stakeholder Organisation

    Touré applauded the WTPF format that allowed discussion without the need to formal negotiating of resolutions (as WTPF only passes “opinions“) and also embraced the multi-stakeholder concept for the ITU in general and the WTPF format especially.

    “This is the only forum in the world where you have member states, the private sector, international organisations, NGOs all sitting in the same manner, just in alphabetical order, on equal footing, working hand in hand. That is the culture of ITU in general for the last 145 years.”

    Germany’s representative had in fact argued during the plenary session that his government “believed that the restructuring of various decision-making processes regarding internet governance will not get the global political support that is necessary unless companies, the civil society and user groups are adequately involved in the decision-making process.”

    Wolfgang Kleinwaechter, an expert on internet governance issues who was representing International Association for Media and Communication research (IAMCR), said: “Civil society was not allowed to make an oral statement here at the WTPF in Lisbon. I was told that we could only make written statements by the person in charge of procedural questions.” This contradicts the multi-stakeholder model, Kleinwaechter argued.

    Author Tapscott Appeals to Member States to Change IP System

    A fervent appeal to change the IP system came from well-known book author Don Tapscott. Tapscott said during the Strategic Dialogue on the financial crisis that preceded the WTPF that the world was not just in an economic crisis.

    “We are in the very early days of a profound change,” said Tapscott, “where many of our institutions, like the global financial system, have taken us to a certain point, but are no longer able to take us forward.”

    The global financial system, for example, needs more than a fresh infusion of capital and some new regulation. Rather, “it needs a whole new operating model, based on integrity, transparency, sharing of intellectual property. We should open source risk management. There should be a ‘Linux of risk management’,” he said, referring to the open source software.

    With regard to the defence of the recording industry by regulation like France’s emerging three-strikes policy, he warned: “This is totally futile and it goes against the interest of Europe. We have to rethink IP. Sadly the system that brought you Elvis and the Beatles is collapsing, not because of pirates, but because of its own failure to adapt,” he said. Global governance in general has to be rethought too, he said.

    The Portuguese host’s Magellan project delivering 500,000 government and telecommunications company-subsidised mini-laptops to schoolchildren around the country was declared a model of how to react to the economic and crisis and a first idea for a greater “digital Marshall” plan favoured by the ITU Secretary General who announced it would present details for such a plan at the World Telecommunications conference in Geneva later this year.

    Monika Ermert may be reached at info@ip-watch.ch.


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    Comments

    1. 2009 World Telecom Policy Forum: All About The ITU Mandate says:

      [...] April 29th, 2009 · No Comments The role of information and communications technology (ICTs) in boosting global economic recovery plus the greening and convergence of ICTs were made top issues of the 4th World Telecom Policy Forum (WTPF) in Lisbon held on 22-24 April.Complete info at IP-Watch. [...]


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    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.