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Doctorow: India’s amazing statement on IP and international development

A 2005 Boingboing post by Cory Doctorow:

India’s amazing statement on IP and international development

POSTED BY CORY DOCTOROW, APRIL 15, 2005 7:52 AM | PERMALINK
Earlier this week at the UN World Intellectual Property Organization (WIPO), there was a meeting to talk about how to reform the org to make it into a humanitarian agency that promotes development, not monopoly rights for publishing and pharmaceutical companies.India’s statement from the floor was so good it should be taught in universities. Check it out:

The real “development” imperative is ensuring that the interest of Intellectual Property owners is not secured at the expense of the users of IP, of consumers at large, and of public policy in general. The proposal therefore seeks to incorporate int international IP law and practice, what developing countries have been demanding since TRIPS was forced on them in 1994.The primary rationale for Intellectual Property protection is, first and foremost, to promote societal development by encouraging technological innovation. The legal monopoly granted to IP owners is an exceptional departure from the general principle of competitive markets as the best guarantee for securing the interest of society. The rationale for the exception is not that extraction of monopoly profits by the innovator is, of and in itself, good for society and so needs to be promoted. Rather, that properly controlled, such a monopoly, by providing an incentive for innovation, might produce sufficient benefits for society to compensate for the immediate loss to consumers as a result of the existence of a monopoly market instead of a competitive market. Monopoly rights, then, granted to IP holders is a special incentive that needs to be carefully calibrated by each country, in the light of its own circumstances, taking into account the overall costs and benefits of such protection.

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To the extent possible under law, Stephan Kinsella has waived all copyright and related or neighboring rights to C4SIF. This work is published from: United States. In the event the CC0 license is unenforceable a  Creative Commons License Creative Commons Attribution 3.0 License is hereby granted.