[Eurchap] Fwd: The Adelphi Charter on Creativity, Innovation and Intellectual Property

[Michel J. Menou]

-----Original Message-----
From: incom-l-bounces at incommunicado.info
Subject:  The Adelphi Charter on Creativity,Innovation and
Intellectual Property 


On October 13th, the Adelphi Charter on Creativity, Innovation and
Intellectual Property was launched at the UK's Royal Society of the
Arts. 
 
The Adelphi Charter responds to one of the most profound challenges of
the 21st century: How to ensure that everyone has access to ideas and
knowledge, and that intellectual property laws do not become too
restrictive. The Charter sets out new principles for copyrights and
patents, and calls on governments to apply a new public interest test.
It promotes a new, fair, user-friendly and efficient way of handing out
intellectual property rights in the 21st century.
 
The Charter was drafted by an international commission of artists,
scientists, lawyers, politicians, economists, academics and business
experts.  For more information, see  <http://www.adelphicharter.org>
www.adelphicharter.org.

For media coverage of the launch, see:

* The Economist
<http://www.economist.com/business/displayStory.cfm?story_id=5032375>
http://www.economist.com/business/displayStory.cfm?story_id=5032375
* James Boyle in the Guardian
<http://education.guardian.co.uk/higher/comment/story/0,9828,1591467,00.
html
>
http://education.guardian.co.uk/higher/comment/story/0,9828,1591467,00.h
tml
* Gilberto Gil in the Guardian
<http://www.guardian.co.uk/g2/story/0,3604,1591933,00.html>
http://www.guardian.co.uk/g2/story/0,3604,1591933,00.html

************************************************************************

The Adelphi Charter on Creativity, Innovation and Intellectual Property 
 
Humanity's capacity to generate new ideas and knowledge is its greatest
asset. It is the source of art, science, innovation and economic
development. Without it, individuals and societies stagnate. 
 
This creative imagination requires access to the ideas, learning and
culture of others, past and present.
 
Human rights call on us to ensure that everyone can create, access, use
and share information and knowledge, enabling individuals,communities
and societies to achieve their full potential.
 
Creativity and investment should be recognised and rewarded.The purpose
of intellectual property law (such as copyright and patents) should be,
now as it was in the past, to ensure both the sharing of knowledge and
the rewarding of innovation.
 
The expansion in the law's breadth, scope and term over the last 30
years has resulted in an intellectual property regime which is radically
out of line with modern technological, economic and social trends.
 
This threatens the chain of creativity and innovation on which we and
future generations depend.
 
1.  Laws regulating intellectual property must serve as means of
achieving creative, social and economic ends and not as ends in
themselves. 
 
2.  These laws and regulations must serve, and never overturn, the basic
human rights to health, education, employment and cultural life.
 
3.  The public interest requires a balance between the public domain and
private rights. It also requires a balance between the free competition
that is essential for economic vitality and the monopoly rights granted
by intellectual property laws.
 
4.  Intellectual property protection must not be extended to abstract
ideas, facts or data.
 
5.  Patents must not be extended over mathematical models, scientific
theories, computer code, methods for teaching, business processes,
methods of medical diagnosis, therapy or surgery.
 
6.  Copyright and patents must be limited in time and their terms must
not extend beyond what is proportionate and necessary. 
 
7.  Government must facilitate a wide range of policies to stimulate
access and innovation, including non-proprietary models such as open
source software licensing and open access to scientific literature. 
 
8. Intellectual property laws must take account of developing countries'
social and economic circumstances.
 
9.  In making decisions about intellectual property law, governments
should adhere to these rules:
 
* There must be an automatic presumption against creating new areas of
intellectual property protection, extending existing privileges or
extending the duration of rights.
 
* The burden of proof in such cases must lie on the advocates of change.
 
* Change must be allowed only if a rigorous analysis clearly
demonstrates that it will promote people's basic rights and economic
well-being.
 
* Throughout,there should be wide public consultation and a
comprehensive, objective and transparent assessment of public benefits
and detriments.
 
We call upon governments and the international community to adopt these
principles.
 
Adelphi . London . 13 October 2005
 
www.adelphicharter.org

-- 

=================================================================
Dr. Michel J. Menou
Consultant in ICT policies and Knowledge & Information Management
Adviser of Somos at Telecentros board http://www.tele-centros.org
Member of the founding steering committee of 
Telecenters of the Americas Partnership http://www.tele-centers.net/
B.P. 15
49350 Les Rosiers sur Loire, France
Email: Michel.Menou at wanadoo.fr
Phone: +33 (0)2 41511043
http://www.ucl.ac.uk/ciber/peoplemenou.php
==================================================================



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