DMWG Position on Proposed World Intellectual
Property Organization Action (1996)
Ocotber 30, 1996
Dr. Michael Nelson
Office of Science and Technology Policy, The White House
In response to the memorandum from Gibbons on the WIPO Database
Protection issue, the Data Working Group of the Subcommittee on Global
Change Research (SGCR) prepared this letter for me, as Chairman of the
Subcommittee, to send to OSTP. I believe that it contains information
and thoughtful suggestions that could be useful to you as you prepare
for the November 1 meeting.
The full and open availability of global change related data and
information is of critical importance to the SGCR and its U.S. Global
Change Research Program. As you aware, there is now under consideration
a U.S. negotiating position for a treaty under the World Intellectual
Property Organization (WIPO) to provide database makers intellectual
property protection.
This treaty language, if adopted in its present form could have
serious implications on the global change program. It appears, for
example, that it could increase federal resource requirements,
compromise the educational, scientific, research, public policy and
other fair uses of databases, restrict the availability of federal data
and information, and help undercut the US international position on the
full and open access to data and information about our Earth.
It is therefore recommended that the domestic review of the
referenced intellectual property database restrictions include
evaluation by librarians, the National Academy of Science, those
concerned with the invasion of personal privacy by databases, and
others prior to finalizing the position of the government in this broad
and important area. These reviews should address the impacts of
specific treaty language. These reviews should address the impacts of
specific treaty language on environmental data exchange, environmental
data costs, U.S. legislation, and litigation.
However, if immediate action is required which precludes adequate
review, it is suggested that, as a minimum, the U.S. position on the
treaty include the following specific exceptions:
"Educational, scientific, research, public policy and other fair
uses of databases."
"The works, data or other materials produced in whole or part with
governmental resources whether in databases or not."
Thank you for your consideration and help on this critical
matter.
R. Corell
Subcommittee on Global Change Research
