The parties to this treaty,
Seeking to enhance participation in cultural, civic and educational affairs, and sharing of the benefits of scientific advancement,
Recognizing the importance of knowledge resources in supporting innovation, development and social progress, and of the opportunities arising from technological progress particularly the Internet,
Mindful of the need to overcome disparities in wealth, development, and access to knowledge resources,
Recognizing the importance of protecting and supporting the interests of creative individuals and communities,
Determined to create the broadest opportunities to participate in the development of knowledge resources,
Concerned about private misappropriation of social and public knowledge resources,
Recognizing further the importance of knowledge resources that are created for the benefit of all, and the need to protect and expand the knowledge commons,
Determined to protect, preserve and enhance the public domain, which is essential for creativity and sustainable innovation,
Seeking to control anticompetitive practices,
Concerned technological measures that restrict access to knowledge goods will harm authors, libraries, education institutions, archives, and persons with disabilities,
Recognizing the need for greater disclosure of knowledge, and for new incentives to create and share knowledge resources without restrictions on access,
Encouraged by the success and potential of new methods of creating and sharing knowledge,
Mindful of the need for public and private investments in knowledge resources,
Concerned over insufficient public support for knowledge resources,
Conscious of the importance of the global information networks in expanding access to knowledge,
Mindful of the benefits of open access to scientific research and data,
Recognizing the benefits of greater transparency of knowledge resources and technologies,
Recognizing the need for global action to protect and enhance access to knowledge resources,
Seeking to promote the transfer of technology to developing countries,
The Objectives of this treaty are to protect and enhance [expand] access to knowledge, and to facilitate the transfer of technology to developing countries.
Members shall give effect to the provisions of this Agreement. Members may, but shall not be obliged to, implement in their law more extensive measures to promote access to knowledge than are required by this Agreement, provided that such measures do not contravene the provisions of this Agreement. Members shall be free to determine the appropriate method of implementing the provisions of this Agreement within their own legal system and practice.
Members will designate representatives to a Conference of the Parties (CoP), which will administer this agreement. The Conference of the Parties shall meet at least once every two years.
The Conference of the Parties shall designate an Executive Board (EB) shall designate a permanent secretariat and make arrangements for its functioning.
The Secretariat functions shall include:
A work that has been lawfully acquired by a library may be lent to others without further transaction fees to be paid by the library.
Members agree that the exclusive economic rights of copyright owners (including but not limited to reproduction, distribution, display, performance, adaptation and communication to the public), shall not apply to:
Facts and works lacking in creativity, should not be subject to copyright or copyright-like protections.
Members agree that for works protected under Article 9 through 13 of the TRIPS agreement, not to extend the term of protection beyond the minimum required term [retroactively].
For countries that have previously extended terms of protection for works protected by Article 9-13 of the TRIPS agreement, beyond the terms required the TRIPS agreement, such protection shall be converted to a sui generis system of protection that includes the following features:
For works when the term of protection is based upon anything other than the life of a natural person, or in any case for any work for which the author has alienated all economic rights,
Note for (d) 1 and (d) 2.
These provisions are based upon amendments offered by Michel Rocard in the European Parliament’s second reading of the software patent directive. The justification was as follows:
A knowledge commons committee (KCC) is established to promote cooperation and investment in databases, open access journals and other open knowledge projects that expand the knowledge commons.
The best practices will include such topics as support for open access journals, open access archives/repositories, interoperability, etc.
Works created by government employees and by contractors conducting essential public functions shall enter the public domain.
Members that provide free access to archives of public broadcasting works to their own residents agree to extend such access on a reciprocal basis to residents of other members who offer similar access. Article 5-5 - Access to Government Information
Excerpts from the NIH/HapMap license
2. You may access and conduct queries of the Genotype Database and copy, extract, distribute or otherwise use copies of the whole or any part of the Genotype Database's data as you receive it, in any medium and for all (including for commercial) purposes, provided always that:
A committee on open standards (COS) shall be established.
Members agree to develop procedures for compulsory licensing of essential interfaces for knowledge goods.
Members agree that some licensing practices and conditions pertaining to intellectual property rights restrain competition and have adverse effects on trade and impede the transfer and dissemination of technology. Members agree to specify in their legislation licensing practices or conditions that in particular cases constitute an abuse of intellectual property rights having an adverse effect on competition in the relevant market.
A Committee on the Control of Anticompetitive Practices (CCAP) is established. The CCAP shall meet at least once very two years to address the following issues:
A Committee on Technology Transfer (CTT) is created. The CTT shall survey members on the mechanism that are most useful in the transfer of knowledge and technology to developing countries.
Members agree to facilitate and encourage the participation of students and researchers in university programmes of another Member as well as the ability of scientists, engineers and researchers, in general, to participate in conferences or gain experience at firms in another Member. This facilitation and encouragement should be extended to visa and other administrative requirements.
Members agree to eliminate visa restrictions that limit the ability of students to study at universities in another nation, or restrict the ability of scientists or engineers to participate in conferences or gain experience at firms in another nation.
Members agree that with regard to access to publicly funded research, participation in research consortium, benefits of tax credits, or other areas of support for research or the licensing of intellectual property derived from public funding, any advantage, favour, or privilege granted by a Member to the nationals of any other country shall be accorded immediately and unconditionally to the nationals of all other Members.