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<nettime> fwd: Draft final declaration of the Beijing Summit on IP

----- Forwarded 

From: James Love <james.love@cptech.org>
To: random-bits@lists.essential.org
Subject: [Random-bits] Draft final declaration of the Beijing Summit on IP
Date: Mon, 17 Mar 2003 17:54:52 +0100

                         ORIGINAL:  English
                        DATE:  March 13, 2003

                   AND THE KNOWLEDGE ECONOMY

                 Beijing, April 24 to 26, 2003

                   prepared by the Co-Chairs

         DRAFT DECLARATION (Prepared by the Co-Chairs)

1. We, the Heads of State and Government, assembled in
Beijing, China, for the first Summit organized by the World
Intellectual Property Organization (WIPO) and hosted by the
Government of the People?s Republic of China:

2. Reiterating that the economic, social and cultural
development of all nations is a major challenge for the
international community;

3. Recognizing that creativity and cultural diversity,
including multilingualism, are essential to human progress and
technological advancement and that intellectual property is an
important factor in fostering creativity and invention;

4. Recalling that the United Nations (UN) Millennium
Declaration was adopted in 2000 at the UN Millennium Summit
with the aim, inter alia, of creating an environment which is
conducive to development;

5. Convinced that intellectual property should be a tool for
achieving economic, social and cultural development, the
promotion and dissemination of science and technology, the
stimulation of economic growth and the closing of the
knowledge gap, and not an end in itself;

6. Conscious of the fact that information and communication
technologies, as well as science and technology, are evolving
rapidly, presenting the prospect of the knowledge economy and
an information society, but that the benefits of this progress
are not yet available to all;

7. Noting the entry into force of the WIPO Internet Treaties
that are aimed at resolving some of the intellectual property
issues resulting from the rapid evolution of information and
communication technologies;

8. Noting the importance of transparency in the legislative,
administrative and judicial process on intellectual property
matters and encouraging the widest possible participation of
all stakeholders in discussions on public policy goals and the
formulation of a policy relating to intellectual property
based on those discussions;

9. Desiring to enable innovators, researchers and
entrepreneurs, particularly small and medium-sized
enterprises, and academic institutions, to use the
intellectual property system for the benefit of society;

10.Conscious that there are both costs and benefits attached
to the protection of intellectual property rights;

11.Recognizing the efforts made in combating counterfeiting
and piracy, which are serious issues, and noting the
importance of adequate and effective legal measures and
remedies to protect intellectual property rights;

12.Mindful of all the treaties administered by WIPO as well as
the on-going discussions on issues relating to intellectual
property regimes;

13.Noting the importance of on-going discussions in WIPO and
in other fora on subjects such as the information society, the
environment, social development and public health, and their
relationship to intellectual property and the knowledge

14.Recalling the Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS Agreement) and the Doha
Declaration on the TRIPS Agreement and Public Health;

15.Mindful of the purposes and principles of the United
Nations system aimed at ensuring the social, economic and
cultural development of all nations and, in this connection,
appreciating the role of WIPO as the specialized agency of the
United Nations with specific expertise, and leadership mandate
in the field of intellectual property, appreciating the
significant achievements WIPO has made in the field of
intellectual property, and welcoming the efforts of WIPO to
bring the intellectual property system closer to the general

16.Celebrating today World Intellectual Property Day which
commemorates the entry into force of the Convention
Establishing WIPO in 1970;

Hereby resolve as follows:

17.We undertake, and also urge all relevant stakeholders, to
cooperate in promoting the use of intellectual property for
development, prosperity and cultural diversity, as well as for
maximizing the benefits of human ingenuity and inventiveness
for the good of humankind as a whole;

18.We further undertake to encourage measures that would
facilitate the transfer of technology, the promotion of
investment and capacity building;

19.We are determined to encourage creative and innovative
activity so as to further develop the knowledge economy for
the benefit of all peoples;

20.We affirm the need for all countries to implement their
intellectual property systems in accordance with their
international rights, obligations, and flexibilities,
including those relating to their levels of development and
public policy goals;

21.We emphasize the need for a balance between the interests
of the holder of intellectual property rights and those of the
public at large, consistent with intellectual property laws
and international agreements, and also emphasize the need to
curb unfair competition and anti-competitive practices;

22.We are determined to continue combating counterfeiting and
piracy in accordance with existing multilateral obligations
and our respective national laws and regulations that
implement those obligations;

23.We condemn biopiracy and the misappropriation of
traditional knowledge.  We are committed to combating them and
finding appropriate and effective solutions for the protection
of genetic resources, traditional knowledge and folklore;

24.We support WIPO in promoting international cooperation
among governments and all relevant stakeholders and in making
intellectual property more accessible and affordable;

25.We underscore the importance of maintaining a dialogue at
all useful levels for further addressing issues related to
intellectual property, and undertake to make efforts to
enhance public awareness and education on intellectual

26.We encourage efforts to enhance technical and financial
cooperation in favor of developing countries, least-developed
countries and countries in transition to a market economy for
supporting them to build their capacity and develop
appropriate infrastructure, including human resources, to
effectively reap the benefits of the intellectual property
system; and

27.We invite all people in all countries from every sector of
society to join us in developing a shared vision of the
important role of intellectual property in the knowledge
economy and to use it as a powerful tool for economic, social
and cultural development.


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