presentation to aprigf ip acta other controversies plenary l.
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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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Presentation Transcript
agenda
Agenda
  • Introduction to InternetNZ
  • Global Governance: Multilateral, plurilateral
  • The Limits to Global Governance
  • Where does intellectual property fit?
  • ACTA
  • PublicACTA
  • Thoughts for the future
introduction to internetnz
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
global governance types
Global Governance types

Global governance:

  • ICANN’s coordination of names & numbers

Multilateral governance:

  • The World Trade Organisation, WIPO

Plurilateral governance:

  • ACTA, Trans-Pacific Partnership
limits to global governance
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
where does ip law fit
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?

acta and tppa
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
publicacta
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)
for the future
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.
thanks
Thanks

Our website: internetnz.net.nz

Jordan Carter

Policy Advisor

jordan@internetnz.net.nz