[A2k] CIS Intervention on Future Work of the WIPO Advisory Committee on Enforcement

Pranesh Prakash pranesh at cis-india.org
Thu Dec 1 07:13:40 PST 2011


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Thank you, Chair.

I just wanted to point out that some of the proposals on future work
could be worded better to reflect their true meaning.  For instance,
one of the proposal calls for control of the problem of "parallel
import".  However, "parallel importation" is actually allowed by both
the TRIPS Agreement and by various other instruments such as the Berne
Convention?

Indeed, calling “parallel import” a problem is like calling
"exceptions and limitations" a problem.  This is a view that has been
firmly rejected here at WIPO, especially post the adoption of the WIPO
Development Agenda.  This, quite obviously, could not have been the
intention of the proposal framers.

Further, the link between some of the proposals and the Development
Agenda could be made clearer.  It has been established that the
Development Agenda is not just something for the Commitee on
Development and Intellectual Property (CDIP) to consider, but for all
committees to make an integral part of their work.

I would also like to underscore the importance of evidence-based
policy-making.

Lastly, I would like to mention that a report has already been
commissioned by WIPO on intermediary liability, which was written by
Prof. Lilian Edwards and was released in a side-event during SCCR 22
in June 2011.  If the ACE is still going ahead with a study or an
event, I would suggest that the UN Special Rapporteur on Freedom of
Expression and Opinion, who in his report to the UN Human Rights
Council dealt in some depth with intermediary liability, be involved
or invited.

Thank you.

- -- 
Pranesh Prakash
Programme Manager
Centre for Internet and Society
W: http://cis-india.org | T: +91 80 40926283

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