[wos] Adelphi charter

[John Howkins]

On October 13th, the Adelphi Charter on Creativity, Innovation and
Intellectual Property was launched by the UK's Royal Society of Arts (RSA).

The Adelphi Charter promotes a new, fair, user-friendly and efficient way of
handing out intellectual property rights in the 21st century.
 
It sets out new principles for copyrights and patents.
 
It calls on governments to ensure everyone has access to ideas and
knowledge, and that intellectual property laws do not become too
restrictive. 
 
It calls upon governments to adopt the Adelphi principles and the Adelphi
public interest test.

The Charter was drafted by an international commission of artists,
scientists, lawyers, politicians, economists, academics and business
experts.  Members include Gilberto Gil, musician and Minister of Culture,
Brazil; Lawrence Lessig, Chair, Creative Commons; Vandana Shiva,
environmentalist; Sir John Sulston, Nobel Laureate, who mapped the human
genome; James Boyle, Duke Law School; Cory Doctorow, EFF; James Love,
CP-Tech; and Louise Sylvan, Deputy Chair, Australian Competition and
Consumer Commission.  The Charter¹s Director is John Howkins.
 
For more information, see www.adelphicharter.org
<http://www.adelphicharter.org <http://www.adelphicharter.org> >.

For media coverage of the launch, see:

* The Financial Times, ŒCall to Restrict Stifling Patents¹
http://news.ft.com/cms/s/bb476a86-3c53-11da-94fb-00000e2511c8.html
<http://news.ft.com/cms/s/bb476a86-3c53-11da-94fb-00000e2511c8.html>
 
* The Economist, ŒFree Ideas¹
,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.html
> 
 
* Interview with 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>
 
* Slashdot: 
http://yro.slashdot.org/yro/05/10/16/2156221.shtml?tid=99&tid=17
<http://yro.slashdot.org/yro/05/10/16/2156221.shtml?tid=99&amp;tid=17>
 
* There was broadcast coverage by BBC and Channel Four News
 
****************************************************************************
*****
[text] 
 

The Adelphi Charter on Creativity, Innovation and Intellectual Property

Humanity¹s 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 law¹s 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.
 
We call upon governments and the international community to adopt these
principles.

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 countries¹
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 people¹s 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