Intellectual Property Reform

Intellectual property rights (IPRs) govern the ownership and control of knowledge. A vibrant "knowledge ecology"—one based on a balance between private property rights and the commons—is key to a thriving public sphere, an effective education system, the advancement of the sciences as well as the development of open societies.

IPRs are a powerful means to restrict the access, exchange, and creation of knowledge and knowledge-based goods—or, conversely, to enable equitable access and ensure creativity and innovation. IPRs, most importantly copyright and patents, affect everything from patterns of economic growth, to affordable and free communications on the internet, to the availability and price of textbooks, scientific journals, software and drugs.

Previous/Ongoing Work

Motivated by a concern about the emergence of a new, unbalanced global IP regime in recent years, the Information Program's Intellectual Property Reform Initiative has focused in the past on the reform of the World Intellectual Property Organization (WIPO). As a result of this work, a coalition of groups supported by the Information Program scored several victories - such as the adoption of the WIPO Development Agenda - which have begun to shift the course at WIPO.

Fair Use Rights

In 2010-2011, the Information Program will be focusing on concrete efforts to strengthen fair use rights. Fair use rights (also known as copyright limitations and exceptions) are essential to enabling access to knowledge, especially for disadvantaged groups such as the blind. But these rights are being increasingly curtailed as digital formats and platforms begin to dominate knowledge dissemination. We will be supporting advocacy efforts that will:

• advocate for the adoption of a WIPO Treaty for the Visually Impaired;
• explore the need for international standards for fair use rights in other areas such as digital and distance education, library services and archives; and
• advocate for strong fair use rights in national, regional and multilateral fora.

The Information Program is also concerned about the increasing use of far-reaching private contracts which override statutory fair use rights. There is as yet very little public understanding of the effects that these private arrangements may have on user rights, so we plan to support monitoring and advocacy on this issue in the coming years.

The Enforcement Agenda

Another major area of concern is the current IPR enforcement agenda being advanced at different levels of policy making. The proposed policies are often negotiated in secret and would, if adopted, violate fundamental human rights as well as due process protections. The Information Program will support efforts that will:

• advocate for transparency in the policy making process;
• educate policy makers and the interested public about the threat of widespread "collateral damage" posed by some of the more radical IP enforcement proposals; and
• promote alternative models for the remuneration of creativity.

Grantseekers

If you are considering applying for funding under this initiative, please email the relevant program manager (see link below) with a brief description of your project. They will be able to advise you if your proposal is suitable for funding from OSI, and guide you through the application process from there.

View contact information for this initiative.