Home / Blogs

Introducing Internet Society's Intellectual Property Issues Paper

Konstantinos Komaitis

What made an organization like the Internet Society draft an issues paper on Intellectual Property? What is the aim of this paper? How does the paper relate to overall Internet governance discussions? And, what — if any — impact does it aim to have on the discussions regarding Intellectual Property?

At a time when there is a desire to resolve policy considerations by employing technological measures, the Internet Society, through an issues paper, amongst other things, seeks to chart a path forward: for the Internet Society, it is vital that policy makers develop public policy approaches that are consistent with the principles that have demonstrably worked. For instance, intellectual property enforcement solutions should not be at odds with the underlying architecture of the Internet — technology can assist intellectual property rights in other ways (e.g. identification of the intent of the content creator), but enforcement is not one of them. The Internet is a unique tool for economic and social empowerment and we should ensure that it continues to perform this significant role. However, some policy initiatives over the last 18-24 months (SOPA/PIPA and ACTA) resulted in a highly publicized and deep schism between policy, technology and the various stakeholders.

To this end, the Internet Society believes that it is important to articulate a set of minimum standards for all intellectual property discussions. Multistakeholder participation and inclusion, transparency, the rule of law, respect for the Internet's architecture and upholding the open standards of the Internet, constitute the types of propositions that should be established in intellectual property governance.

Fundamentally, the underlying premise of this paper is neither novel nor new. It is written with the intention to communicate and compile existing ideas that could contribute to the ongoing broad discussions relating to: a) the effect the Internet has on intellectual property rights and, b) the place intellectual property rights should occupy within the Internet ecosystem.

Reflecting on the Intellectual Property discussions thus far, we appear to be lacking such minimum propositions that could help provide a framework for how intellectual property interactions are to be structured, shaped or fashioned. We lack a set of best practices that could provoke forward-looking approaches for how to address this highly contested issue more effectively.

One of the first things we observe is that the realm of intellectual property remains one of the few thematic Internet governance areas that still lacks inclusive structures for stakeholder engagement. This is not to say that multistakeholder discussions relating to intellectual property are not taking place; but such procedural formats are not yet the primary mechanism for discussing intellectual property matters and their potential impact on the Internet. So, although we acknowledge that there is a conscious effort from some stakeholders to end the policy schism and urge the reconciliation of intellectual property with technology, the lack of overall inclusiveness, precludes the emergence of a robust and sustainable way forward.

None of this, of course, is new and the Internet Society's issues paper does not seek to reinvent the wheel. What it seeks to do, however, is to reflect on the many considerations as they have developed from years of policy making and Internet governance processes. It is through these considerations that the Internet community will much better serve the need to promote the open development and use of the Internet for the benefit of all people throughout the world.

So, the time is right to reflect and strategize on how to strengthen the dialogue through inclusiveness, transparent processes, adherence to the rule of law and respect of the Internet's architectural design when talking about intellectual property on the Internet.

The full version of the paper can be found here.

This post first appeared on the Internet Society Public Policy website.

By Konstantinos Komaitis, Policy Advisor for the Internet Society. More blog posts from Konstantinos Komaitis can also be read here.

Related topics: Internet Governance, Law, Policy & Regulation

 
   

Don't miss a thing – get the Weekly Wrap delivered to your inbox.

Comments

To post comments, please login or create an account.

Related Blogs

Related News

Explore Topics

Dig Deeper

IP Addressing

Sponsored by Avenue4 LLC

Cybersecurity

Sponsored by Verisign

Mobile Internet

Sponsored by Afilias Mobile & Web Services

DNS Security

Sponsored by Afilias

Promoted Posts

Buying or Selling IPv4 Addresses?

ACCELR/8 is a transformative IPv4 market solution developed by industry veterans Marc Lindsey and Janine Goodman that enables organizations buying or selling blocks as small as /20s to keep pace with the evolving demands of the market by applying processes that have delivered value for many of the largest market participants. more»

Industry Updates – Sponsored Posts

Why the Record Number of Reverse Domain Name Hijacking UDRP Filings in 2016?

Leading Internet Associations Strengthen Cooperation

i2Coalition to Present Tucows CEO Elliot Noss With Internet Community Leadership Award

Michele Neylon Appointed Chair Elect of i2Coalition

2016 U.S. Election: An Internet Forecast

MarkMonitor Supports Brand Holders' Efforts Regarding .Feedback Registry

US Court Grants DCA Trust's Motion for Preliminary Injunction on .Africa gTLD

Dyn Weighs In On Whois

Season's Greetings - 2015 End of Year Message from DotConnectAfrica

"The Market Has No Morality" Sophia Bekele Speaks on Business Ethics and Accountability

Dyn Comments on ICG Proposal for IANA Transition

DotConnectAfrica on "CONNECTing the Dots: Options for Future Action" at UNESCO, Paris

IBCA Presentation to ICANN GAC on Protection of Geographic Names in New gTLDs

Season's Greetings - 2014 End of Year Message from DotConnectAfrica

Domain Name .Africa Faces Hurdles - Q&A with Sophia Bekele

Afilias Director Wins ICANN's 2014 Leadership Award

DotConnectAfrica Contributes at the 9th IGF in Istanbul, Turkey

Video Interviews from ICANN 50 in London

ICANN London Recap Webinar

DotConnectAfrica Delegates Attend the Kenya Internet Governance Forum