Re: [Patents] WIPO

[Seth Johnson <seth.johnson@RealMeasures.dyndns.org>]

The treaties go into effect through a two-step process: First WIPO passes
some sort of resolution that a treaty is a going concern, then the
participating countries have agreed that if something like 30 countries sign
the treaty, it applies to all participating countries.

After the US Supreme Court "Feist Publications" decision, WIPO freaked out
and tried to get three treaties ratified: the WIPO Copyright Treaty, which
is the anticirumvention treaty for which the DMCA is the US's national
implementation; the WIPO Performances and Phonograms Treaty, which uses the
Civil Code notion of a moral right of integrity (inconsistent with US law)
add the requirement that "DRM Metadata" must be enforced; and a Database
Treaty, which thankfully failed to gain consensus.

Phe Performances and Phonograms treaty got its 30 nations about a year ago
(basically the US and Japan and a lot of smaller nations), and we're
starting to see it being brought to bear.


Seth



> Christian Beauprez wrote:
> 
> Dear Pieter,
> 
> Off the top of my head (please excuse any innaccuracies)
> 
> WIPO is shorthand for the World Intellectual Property Organisation. It is
> the Intellectual property arm of the U.N.
> 
> WIPO and the World Trade Organisation work together on most issues these
> days as  they are founded on similar principles.
> 
> While the EU is not a member of WIPO itself,(at least not on the
> membership documents I have seen) it has however signed the WIPO copyright
> Treaty. It did this as the European Communities, some states get a
> seperate mention. I think this is just a quirk of how the EC/EU signs
> treaties.
> 
> http://www.wipo.int/edocs/notdocs/en/wct/treaty_wct_2.html
> 
> In regards to the power of these Treaties. They are effectively fair play
> restrictions that countries agree on to stop unfair advantages and market
> distortions.  It is up to countries whether to sign up in the first place
> but by doing so they establish a level playing field on key issues of
> intellectual property. The payoff is internationally hightened market
> confidence(this is how it is supposed to work anyway)
> 
> The other side is that they do lose some control over how to set their
> property laws but compromise  is a necessary part of any international
> agreement. If countries breach these agreements they can be taken to a
> review board and sanctions may be issued.
> 
> You may find the WIPO copyright treaty here:
> 
> http://www.wipo.int/documents/en/diplconf/distrib/94dc.htm
> 
> The best thing about these Treaties is that they define computer programs
> as literary works and not inventions, and also make members agree to
> respect authors rights IMHO. Therefore they ensure that the ideas within
> software are no one person's "property" much to the annoyance of the
> pro-patent army.
> 
> Best Wishes,
> 
> Christian
> 
> 
> 
> 
> 
> 
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