IP, research and health in developing areas

A recent press conference reports on the progress of a WIPO and Geneva International Academic Network project launched in 2004. The project aims to encourage health research institutions in developing countries working on diseases relevant there, such as malaria. A key goal is to enable the institutions to obtain maximum benefit from their work - through IP and licensing.

Such projects are an interesting example of the complexities of IP discourse. Even in respect of countries where the TRIPS obligations are under attack, there are initiatives very much based on the value of IP and of commercialising. The involvement of bodies such as WIPO inevitably meant IP would lie at the heart of this project. However, the commitment of others, such as health institutions, to the project is a reminder of the need for subtlely (shown by many, but not all) in considering IP and the consequences of its commercialisation and enforcement.

Human Rights and the Information Society

A theme of our project is the need for interested parties to be involved, and their concerns reflected, in all aspects of creation, implementation and respect for law. The Council of Europe recently echoed this with a Pan-European Forum involving civil society on "Human Rights in the Information Society: Responsible Behaviour by Key Actors."

The meeting was largely focussed on internet content in terms of protection of children. However, consideration of the need for a questionnaire, and then guidelines, on freedom of expression in the information society in EU member states is clearly of interest to us - as was consideration of possible different structures of governance and regulation to bring this about (see my recent conference paper in this regard) .

Also of interest is the apparent commitment to a human rights approach to activity, and legislation and its interpretation - again consistent with our developing theories in respect of IP law; and the call for an independent Human Rights Commission, to assess adequacy of member state practices in respect of human rights and the information society. Another example of human rights inching towards centre stage.

For a further report on the meeting, see http://www.edri.org/edrigram/number3.19/CoE

Spreading the message of IP?

Thanks to ZDnet for details of the US's latest initiatives in countering IP piracy overseas, building on the creation of the Coordinator for International Intellectual Property Enforcement. This includes a network of US intellectual property experts placed throughout the world to encourage better IP protection; and, to ensure this actually happens, establishing a Global Intellectual Property Rights Academy to train foreign judges and the like.

In many respects there is much to be said for such initiatives - many countries struggle to acquire the resources and knowledge to understand and implement, on an ongoing basis, their obligations under TRIPS. That said, there are many shades of grey within IP and TRIPS: such as the difference between organised piracy and activities which at least arguably come within exceptions available under TRIPS. Attempts to introduce balanced IP systems throughout the world, making appropriate use of the exceptions within TRIPS, are welcome; attempts to unduly entrench the views of some developed country IP owners are not.

Progress in access to local loop battle

Ofcom has accepted undertakings from BT as to its future conduct in granting access to infrastructure to competitors, and BT has announced the launch, from January, of a new company "openreach" to deal with providing access to local network exchanges to all service providers (including BT).

These developments auger for at least a ceasefire, and period of reflection, in the ongoing battle over local local unbundling, and how best to encourage competition and innovation in the telecoms sector and beyond. The developments have also prevented, at least for now, an investigation into BT under the Enterprise Act by Ofcom - and the possibility of it being broken up, just as happened in all those old US cases about railroads and, indeed, telecoms.

It remains to be seen how the new arrangements will work in practice. Will there indeed be fair competition, creative innovation, and opportunities for users and potential competitors to participate in the telecoms market, and gain the benefits it can offer in terms of access to information, free expression and enjoyment of property? Hope so - but in the real world I think our competition and human rights research will continue to be relevant in this field for some time.

VOIP and its broader implications

Lots of fairly mainstream press coverage recently, most notably in The Economist (17 September issue) about VOIP and its impact on more traditional forms of telecomunications. It got me thinking about the impact of these developments for those in developing countries or in need in developed countries. Will the opportunities of VOIP, with making a phone call being similar in cost and procedure to sending an email over a mobile account, be the solution for those presently needing mobile phones to contact emergency services or access essential data? Or will those most in need be left behind by fast moving technological shifts?

WIPO and NGOs discuss IP and Development

For the first time, meetings between WIPO and accredited NGOS took place in Geneva on 15 September 2005. This is hoped to be the basis for future dialogue between WIPO and different interested groups. There is clearly an opportunity for such discussions and participants to influence WIPO's direction, consistent with the Geneva Declaration on the Future of WIPO. This could also go some way to addressing the (at least) perception that WIPO is overly focussed on the interests of IP owners, and expansion of IP.

The end of institutions as we know them?

Well, not only has the WTO dispute settlement panel heard a case in public, with NGOs in attendance (long thought to be possible, just as there seemed to be a role for third party amicus briefs - but nice to see it) but the looming UN discussions could lead to significant changes there. Although I can't quite see it happening, interesting to note proposed changes, and hopefully teeth, for the Human Rights Commission. While it might take them a while to reach IP issues, would be good to know they were there....

The world comes to Glasgow

After a spell where it seemed that not so much was happening in our areas (or maybe I was just preparing papers..), the Society of Legal Scholars conference in Glasgow was a real wake up call. A reminder of the values of getting together with colleagues, exchanging ideas and becoming aware of possible new avenues of research.

My own paper was in fact an example of the perils of this, as a few thoughts after a conference earlier in the year led to a roller coaster journey through theories of regulation, innovation and political science, before I concluded that the positive aspects of IP, some form of encouragement of innovation, could not be dealt with by an Innovation Regulator. (Well it seems obvious now..) My working paper will shortly be available on our project website.

Other interesting papers were an overview of software patents by Technollama's Andres Guadamuz, Rob Heverley of East Anglia/Norwich's exploration of law as intermediary in influencing in advance creativity and conduct (I never got to ask him how that tied in with interim interdicts /injunctions and hope to do so at some point), and an insightful analysis by Christopher Stother of Milbank Tweed and Cambridge of the continued objection to parallel importing, and hence the imposition of private barriers to trade, while at least lip service continues to be paid to the need to dispose of public barriers.

All this, and in my home town where it didn't rain all the time!