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- From: Jozef Halbersztadt <halber@idea.net.pl>
- To: patents@aful.org
- Subject: European Consitution
- Date: Wed, 04 Jun 2003 08:36:37 +0200
The European Convention is finalising its work on the constitution.
http://european-convention.eu.int/docs/Treaty/cv00725.en03.pdf
A good time to take a position is running away. The project carries one
sententece that should be of interest of the list members and should not
not be left in silence.
In Article II-17 (Right to property) the standard statement on
possessions is followed by a special paragraph: Intellectual property
shall be protected.
I just read a disclaimer
http://www.wsis-ipr.org/ipr-disclaimer.html
"(...) This working group deals with copyright, patent, and trademark
and related issues. The IPR name should be viewed as a mere convenience
to regroup those issues under the very short acronym IPR ( that may also
stand for "Intellectual Productions Rights" ). We also encourage
everyome involved in the WSIS to use the word "intellectual property"
with utmost precaution."
Are we not in right moment to initiate a campaign to replace
"intellectual property" with "intelletual production" and move it from
Article II-17 to II-13?"
Article II-13
Freedom of the arts and sciences
The arts and scientific research shall be free of constraint. Academic
freedom shall be respected.
Proposed rough draft of the second paragraph:
The public domain, copyright, patents and the other exclusion rights
each one in own way are crucial to innovations, the spread of knowledge
and culture, the access to our past, and promotion of the Progress of
Science and Art. The law should guard a balance between support of free
competition, public domain and protection of the Intellectual Production
Rights as copyright and patents.
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