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The limits of global governance

Presentation to APrIGF “IP: ACTA & Other Controversies” Plenary. The limits of global governance. Agenda. Introduction to InternetNZ Global Governance: Multilateral, plurilateral The Limits to Global Governance Where does intellectual property fit? ACTA PublicACTA Thoughts for the future.

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The limits of global governance

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  1. Presentation to APrIGF “IP: ACTA & Other Controversies” Plenary The limits of global governance

  2. Agenda • Introduction to InternetNZ • Global Governance: Multilateral, plurilateral • The Limits to Global Governance • Where does intellectual property fit? • ACTA • PublicACTA • Thoughts for the future

  3. Introduction to InternetNZ • To protect and promote the Internet for New Zealand • Membership-based and open to all • InternetNZ holds the delegation for the .NZ domain (and operates it through two subsidiaries) • Some of the proceeds fund our policy and international work

  4. Global Governance types Global governance: • ICANN’s coordination of names & numbers Multilateral governance: • The World Trade Organisation, WIPO Plurilateral governance: • ACTA, Trans-Pacific Partnership

  5. Limits to global governance Subsidiarity is a useful concept • Do things globally that must be done globally • Do the rest locally Today’s trend is to globalise governance even where it isn’t especially useful to do so. • Drivers to globalised governance • Dangers of plurilateral approaches • Benefits of national autonomy

  6. Where does IP law fit? New Zealand’s point of view: • TRIPs was the most that is needed • Opposed to ACTA requiring changes to law • Not signed the WIPO Internet treaties • Concerned IP is at the point of being over-protected Should IP law remain a matter of national choice? What does the ACTA case show?

  7. ACTA (and TPPA) The Anti-Counterfeiting Trade Agreement • Rhetoric of “enforcement” not “tighter standards” • Reality quite different – they can’t be separated • ACTA is a plurilateral approach to global norm-setting • In the end, the teeth were drawn from ACTA • Part of a wider push by IP-producing countries to extract more wealth from IP-consuming countries • TPPA is posing similar challenges

  8. PublicACTA • A public event in Wellington before the Wellington Round of ACTA negotiations (April 2010) • Audience perspective- and participation-led • Designed to pull together community concerns and recommendations to how ACTA might become citizen- and user-friendly • Prepared and released “The Wellington Declaration” • Associated petition got 11,000 signatures • Model of community engagement putting real pressure on the host government (NZ)

  9. For the future • Pressure to tighten intellectual property law won’t go away • The evidence will continue to be lacking • To protect citizen-friendly approaches, we need either: • True multi-lateral or global governance • Leaving IP law as matters of national competence (but neither is likely) • Over-globalisation is as problematic as under-globalisation • The approach should be based on the problem we are trying to solve: and on being open.

  10. Thanks Our website: internetnz.net.nz Jordan Carter Policy Advisor jordan@internetnz.net.nz

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