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Subject: Discussione delle licenze Creative Commons

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  • From: Marco Ciurcina <ciurcina AT studiolegale.it>
  • To: cc-it AT lists.ibiblio.org
  • Subject: [Cc-it] off topic (ma non troppo)
  • Date: Thu, 09 Dec 2004 00:32:33 +0100

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


http://zope0.itcilo.org/masters/turin-ip/2004/news

-----------

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


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


When:
On the 17 of December 2004


Why:

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
alia
that:
- 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
nature
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.


Program

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

Welcome by:
George Jadoun
ITC ILO Turin

Chairman:
Marco Ricolfi
University of Turin


Speakers:

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 AT studiolegale.it>





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