Research and Capacity Building for A2K
The panel description and speaker bios are here. Please post your comments below the summary…
Lea Shaver, A2K Program Director at the Information Society Project at Yale Law School, introduced the panel. Slides
Sudhir Krishnaswamy
1. Institutions
In the early 1990s IP education in India was very weak. The bar was small and low quality. TRIPS provided a shock to the system. India realized it had been ill-equipped in these negotiations. The bar made IP teaching mandatory, and there is now some form of IP class in all of India’s law schools.
However, IP was taught as if there was an accepted, simple answer. Even as we have finally begun to problematize the discussion in law schools, WIPO has pushed education in management and technology curricula.
At the same time, corporate education programs on IP (e.g. by Microsoft) has become increasingly prevalent
2. Intellectual Frameworks
Because the growth of IP education followed trips, it was largely thought of in terms of a North/South opposition. And the solution to this opposition was to give power to the government.
3. Consequences for A2K
The challenge in India is nether the institutions nor the intellectual frameworks support A2K.
Hong Xue
The capacities that China needs to engage in IP
1. Capacity to Access Accurate Information.
A couple examples. A report has gained wide circulation in China that 90% of software was pirated. But 60% of computers are sold through OEMs! It turns out the survey had been distributed by industry. Similarly, many people in China, particularly, the Chinese government, believe that open source software has vulnerabilities, perhaps intentionally inserted to break open networks.
2. The Capacity to Create a New Development Model.
We should not assume the same development paths will work everywhere.
3. Capacity to take part in global A2K movement
Why is China less involved in A2K then, say, India? Language barriers. Potentially oposition from government. Additionally, a weak civil society.
Nagla Rizk
A2K in the context of Egypt: A pyramid. At the top, Egypt’s involvement in the international arena. Egypt has been very active in the international arena promoting a development agenda.
But within the country (the middle of the pyramid), there is a fragmentation in the implementation agencies, and incoherent policies. Important issues fall between the cracks, and the government often ends up adoptinig maximalist policies.
Finally, the real world (the base of the pyramid). A lot goes on outside the IP system altogether. We need research on what happens here. How does this relate to the governmental policies, and how does it relate to the A2K movement. What we’ve found is that IP-maximalist policies are not enforced at the ground.
So a provacative question: are the on-the-ground practices promoting A2K (regardless of their compliance with the official law).
The crucial elements of capcity building: The Networking is key. Awareness of Issues and Attracting students.
Pedro Paranagua
What we do at FGV. [Slides] FGV has tried to implement a new model of research: solution focused, peerly made, multidiscipliiary, and with credible results.
We work in several fora — national, regional, and international. Classes: student presentations, lecturers, guests, notes taken on a wiki, all done with open educational materials.
First post-graduate IP program in Brazil focused on the public interest. Online courses. Just launched new course on IP & Development.
Multipe programs, like free culture program, the Open Business program. The A2K program. We have permanent representation at WIPO. We take notes and report back in portugues
[lots of beautiful slides flashing by too fast to record!]
What are we working on? Development Agenda. ACTA. Need collaboration between public interest NGO, consumers, academics
Questions
What is the role of student movements in this capacity building discussion?
Pedro - In Brazil, there is a private organization that was suing students for copying educational materials in Brazil. Some of the student unions were sued. They created a counter movement, saying that copying books is a right. They were very active, but they did fade away over time as exams came around. At the Center for Technology and Society we engage students in a lot of research.
Nagla - We do have a Free Culture chapter at my university
Sudhir - there is no doubt that such a movement is important. A lot of my own interests in this came about as a student. There were student fellowships in the program I was in — and today, all the leading IP scholars have come from that program.
Hong - There is not currently a huge student mobilization in China. But 80% of the Chinese population is under 25, so there is a lot of opportunity here.
What are the best ways to create fair policies for development in developing countries? Do we need more “research” than having the narratives that have already been presented around muic, e.g.?
Nagla - I agree that we should start from the base of the pyramid. Go from the bottom up, not the top down.
Sudhir - I think there is a need and important role in intellectual work that will go into translating concerns and narratives into viable legal proposals. My assessment is that at least in the developing world it is at the legal level that we are weakest
Building technical capacity. For example, patent examiners?
Sudhir - Technical capacity is what, for example, WIPO generall focuses on. But the point of my presentation was to push beyond that.
How can A2K activists can work in countries without a longstanding democratic tradition? For exmaple, in Brazil, where the political institutions are more closed, we have gone to the judiciary. How do other countries do it?
Sudhir - In India, the experience has been mixed. It is not clear that the courts are so receptive, so for us it may be that parliament and executive bodies are the better target for us.
Be sure to check out this initiative as well…
http://a2k3.org/2008/09/a2k-academy-launch/
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