Subject: Information Ownership

friends

there have been a number of wishful responses to this original question 
of whether there is "some kind of global court or tribunal where 
disputes about who owns what information can be arbitrated".

unfortunately, no matter what we think should - in an ideal world - be the 
basis on which information is available, there is a simple answer to the
question - namely the "trips agreement" that my namesake in the us embassy
in bangkok cited in objecting to the proposed thai legislation protecting
the traditional knowledge of healers 

to give it its full name, the "trips agreement" is the "agreement on 
trade-related aspects of intellectual property rights, including trade in 
counterfeit goods" which is annex 1c of the world trade agreement that
established the world trade organization, and that completed the 
uruguay round of the general agreement on tariffs and trade and was 
signed in marrakesh, 15 april 1994

you can find the full text of the trips agreement on the world wide web at
http://itl.irv.uit.no/trade_law/documents/freetrade/wta-94/art/iia1c.html
and in a slightly more organized, and copyrighted, format at
http://cerebalaw.com/gatttext.htmocuments/freetrade/wta-94/art/iia1c.html

the french version of the trips agreement can be found at
http://www.juris.uqam.ca/docjur/intl/omc/propintel.htma-94/art/iia1c.html
and a spanish version at http://www.sice.oas.org/root/trade/ronda_ur/26.stm.htma-94/art/iia1c.html

to give a sense of the scope of the agreement, i have attached the table
of contents of the agreement - from the web site that does not explicitly
make a copyright claim

as you can see, part iii deals with enforcement and part v with dispute 
prevention and settlement. the overall thrust of the agreement is
heavily weighted towards treating information and knowledge as commodities 
and to upholding the rights of those who can demonstrate ownership of
that information or knowledge on the terms specified within the agreement

if an argument is to be made - and to prevail in law - as to the need and/or
importance of alternative approaches to intellectual property - to rights of
access to and ownership of information and knowledge that, for example,
respect traditional knowledge and wisdom that may not have been documented
or claimed in the manner proscribed by the trips agreement, the arguments
will need to contend with the world trade organization and the trips 
agreement - and with the power and resources of the likes of microsoft
and intel and time-warner and pharmaceutical companies and the many other 
powerful corporations that have steadily, and for the most part effectively,
been lobbying for the forms of intellectual property rights upheld by the 
trips agreeement

in addition to the role / jurisdiction of the wto and the trips agreement, the
world intellectual property organization administers a substantial number of
international treaties relating to intellectual property, and signed an
cooperative agreement with the wto concerning the trips agreement

robert pollard
information habitat - where information lives
infohabitat@igc.apc.org

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TABLE OF CONTENTS

     Part I: General Provisions and Basic Principles

     Part II: Standards Concerning the Availability, Scope and Use of
Intellectual Property Rights

               1.Copyright and Related Rights 
               2.Trademarks 
               3.Geographical Indications 
               4.Industrial Designs 
               5.Patents 
               6.Layout-Designs (Topographies) of Integrated Circuits 
               7.Protection of Undisclosed Information 
               8.Control of Anti-Competitive Practices in Contractual Licences

     Part III: Enforcement of Intellectual Property Rights

               1.General Obligations 
               2.Civil and Administrative Procedures and Remedies 
               3.Provisional Measures 
               4.Special Requirements Related to Border Measures 
               5.Criminal Procedures

     Part IV: Acquisition and Maintenance of Intellectual Property Rights
and Related Inter-Partes Procedures

     Part V: Dispute Prevention and Settlement

     Part VI: Transitional Arrangements

     Part VII: Institutional Arrangements; Final Provisions