[artinfo] Fwd: Royal Society of the Arts on Creativity, Innovation and Intellectual Property

Janos Sugar sj at c3.hu
Mon Oct 17 16:01:35 CEST 2005

>On October 13 2005, the Adelphi Charter on Creativity, Innovation 
>and Intellectual Property [1] has been launched at the UK's Royal 
>Society of the Arts. 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 approaching intellectual property policy in the 
>21st century. The Charter was drafted by an International Commission 
>[2] of artists, scientists, lawyers, politicians, economists, 
>academics and business experts. The Charter Office is based at the 
>Royal Society of Arts [3] in London which is concerned with 
>innovation in the arts, sciences and industry.
>[1] www.adelphicharter.org
>[2] www.adelphicharter.org/group.asp
>[3] www.rsa.org.uk
>The full text of the Charter is pasted below.
>For media coverage see here:
>The Economist
>James Boyle
>Gilberto Gil 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
>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

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