Integrating intellectual property rights and development policy
[Posted September 18, 2002 by corbet]
The London-based Commission on Intellectual Property Rights has issued
its
final report on intellectual property law and developing countries. There is much to be found there in favor of free
software and freedom of access to information in general. With regard to
DMCA-like legislation, the report recommends:
Where suppliers of digital information or software attempt to
restrict 'fair use' rights by contract provisions associated with
the distribution of digital material, the relevant contract
provision may be treated as void. Where the same restriction is
attempted through technological means, measures to defeat the
technological means of protection in such circumstances should not
be regarded as illegal.
Concerning software for use in government:
Developing countries and their donor partners should review
policies for procurement of computer software, with a view to
ensuring that options for using low-cost and/or open-source
software products are properly considered and their costs and
benefits carefully evaluated. Developing countries should ensure
that their national copyright laws permit the reverse engineering
of computer software programmes beyond the requirements for
inter-operability, consistent with the relevant IP treaties they
have joined.
The full report covers a much wider range of topics, such as drugs,
traditional knowledge, agriculture, etc. Reading the whole thing is a
substantial commitment of time, but worth the trouble for those who are
interested in these topics. Those wanting a rather shorter experience can
read The
Economist's coverage of the report.
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