[Cc-it] off topic (ma non troppo)

Marco Ciurcina ciurcina a studiolegale.it
Mer 8 Dic 2004 18:32:33 EST

Per chi viene a Torino il 16, se volete, il 17 c'Ŕ un altro evento che
noi sentiamo molto vicino al tema dei creative commons: un convegno sul
conflitto tra proprietÓ intellettuale e diritti umani (vedi sotto).
Purtroppo in inglese...



                             conference on

                       Intellectual Property and 
                        Fundamental Human Rights

jointly organized by:
WIPO Worldwide Academy
University of Turin Law School and Department of Law
International Training Centre of ILO

Padiglione L
Viale Maestri del Lavoro, 10 - 10127 Turin (Italy)
Tel. +39 011 6936.391 - Fax +39 011 6936.469

On the 17 of December 2004


Art. 27 of the Universal Declaration of Human Rights (UDHR) states that 
"everyone has the right freely to participate in the cultural life of 
the community, to enjoy the arts and to share in scientific advancement 
and its benefits" (paragraph 1) and therefore that "everyone has the 
right to the protection of the moral and material interests resulting 
from any scientific, literary or artistic production of which he is the 
author" (paragraph 2).

In Resolutions 2000/7 and 2001/21 the Sub-Commission on Human Rights of 
the United Nations High Commissioner for Human Rights, stated inter
- the right provided by Art. 27, paragraph 2, of the UDHR is subject to 
limitations in the public interest;
- the TRIPS Agreement does not adequately reflect the fundamental
and indivisibility of all Human Rights;
- the social function of intellectual property should be considered in 
the law making process.

While Art. 15 of the International Covenant on Economic, Social and 
Cultural Rights contains equivalent provisions, the Committee on 
Economic, Social and Cultural Rights made a statement on Human Rights 
and intellectual property (E/C.12/2001/15) claiming that intellectual 
property regimes must be consistent with the rights in the Covenant.

A similar conflict is evident in the Charter of Fundamental Rights of 
the European Union where, Art. 17, paragraph 2, states that: 
"Intellectual property shall be protected" but  other provisions 
(particularly Art. 11 on freedom of expression, Art. 13 on freedom of 
arts and scientific research and Art. 14 on freedom of education) 
provide for the individuals to enjoy the freedoms enumerated therein.

The demand for a new balancing between fundamental Human Rights and IP 
protection is also felt in areas as diverse as access to life saving 
drugs and biodiversity. A number of constituencies feels that the 
current status along with some proposed trends in the evolution of the 
intellectual property regime may restrict fundamental freedoms and may 
fail to live up to the expectations of future generations.

Focus on fundamental Human Rights could be an answer to resolving 
these tensions and could constitute a good starting point for a 
rethinking of an intellectual property regime that fosters wealth, 
growth and wellness in the knowledge society while preserving the 
rights and giving appropriate incentives to  innovators.

The purpose of this conference is therefore to discuss the dynamics of 
this phenomenon.


                   Morning session (h. 09,30 - 12,30)

                              Welcome by:
                             George Jadoun
                             ITC ILO Turin

                             Marco Ricolfi
                          University of Turin


                             Kari Tapiola 
                International Labour Organization (ILO)

                            Lawrence Lessig
                         University of Stanford

                             Mpazi Sinjela
                         WIPO Worldwide Academy

                              Eben Moglen
                          Columbia University 

                             Claudio Prado
                     Brasilian Ministry of Culture

                        Discussion and questions

                  Afternoon session (h. 14,00 - 17,00)

                            Jakob Schneider
            UN Office of High Commissioner for Human Rights

                             Paul Torremans
                        University of Nottingham

                              Amaral Weber
            International Plant Genetic Resources Institute

                              Sven Bostyn
                        University of Amsterdam

                        Discussion and questions

Marco Ciurcina <ciurcina a studiolegale.it>

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