A MANIFESTO ON WIPO AND THE FUTURE OF INTELLECTUAL…

    A MANIFESTO ON WIPO AND THE FUTURE OF
           INTELLECTUAL PROPERTY

                                JAMES BOYLE1

                                 ABSTRACT
         In this Manifesto, Professor Boyle claims that there are
     systematic errors in contemporary intellectual property policy and
     that WIPO has an important role in helping to correct them.

                             I. INTRODUCTION
         Intellectual property laws are the legal sinews of the information
age; they affect everything from the availability and price of AIDS drugs, to
the patterns of international development, to the communications
architecture of the Internet. Traditionally, those laws have been made as
state-facilitated contracts among affected industries. To the extent that "the
public interest" ever figured in those discussions, it was assumed to be
limited to the eventual ability to purchase the `products' ­ drugs, films,
books ­ whose creators and distributors receive their incentives from
intellectual property rights. Yet intellectual property rights are not ends in
themselves. Their goal is to give us a decentralized system of innovation in
science and culture: no government agency should pick which books are
written or have the sole say over which technologies are developed.
Instead, the creation of limited legal monopolies called intellectual property
rights gives us a way of protecting and rewarding innovators in art and
technology, encouraging firms to produce quality products, and allowing
consumers to rely on the identity of the products they purchased. The laws
of copyright, patent and trademark are supposed to do just that ­ at least in
some areas of innovation ­ provided the rights are set at the correct levels,
neither too broad nor too narrow.
         The World Intellectual Property Organization, or WIPO, has built
itself around the attempt to promote and harmonize intellectual property
laws internationally, though the organization's actual responsibility within
the UN system is significantly broader: "promoting creative intellectual
activity and . . . facilitating the transfer of technology related to industrial
1
 James Boyle © 2004. This manifesto is published under the terms of a
Creative Commons Attribution-NonCommercial-ShareAlike License.
http://creativecommons.org/licenses/by-nc-sa/2.0/. James Boyle is William
Neal Reynolds Professor of Law at Duke Law School and the cofounder of the
Center for the Study of the Public Domain. The ideas presented here are his
alone and should not be attributed to any organization with which he is
connected.
2004            DUKE LAW & TECHNOLOGY REVIEW                           No. 9



property to the developing countries in order to accelerate economic, social
and cultural development." WIPO is only 34 years old, but its history
stretches back 120 years, to the treaties of Paris and Berne. During that
period, WIPO and the international secretariats that were its precursors have
done work of great value. But times have changed since 1883, and even
since WIPO itself was founded in 1970; at the same time, some of the oldest
lessons of intellectual property law have apparently been forgotten or
ignored. WIPO has a uniquely influential role to play in setting innovation
policy worldwide. But fundamental changes need to be made in both role
and attitude if the organization is to serve its real goal ­ the promotion of
innovation in science, technology and culture for the benefit of the peoples
of the world.

A. The Maximalist `Rights Culture' and the Loss of Balance
·   As intellectual property protection has expanded exponentially in
    breadth, scope and term over the last 30 years, the fundamental
    principle of balance between the public domain and the realm of
    property seems to have been lost. The potential costs of this loss of
    balance are just as worrisome as the costs of piracy that so dominate
    discussion in international policy making. Where the traditional idea
    of intellectual property wound a thin layer of rights around a carefully
    preserved public domain, the contemporary attitude seems to be that the
    public domain should be eliminated wherever possible. Copyrights and
    patents, for example, were traditionally only supposed to confer
    property rights in expression and invention respectively. The layer of
    ideas above, and of facts below, remained in the public domain for all
    to draw on, to innovate anew. Ideas and facts could never be owned.
    Yet contemporary intellectual property law is rapidly abandoning this
    central principle. Now we have database rights over facts, gene
    sequence, business method and software patents, digital fences that
    enclose the public domain together with the realm of private property . .
    . the list continues. And while these rules differ from nation to nation,
    the pressure is to harmonize them only upwards, adopting the strongest
    protections of facts, the longest copyright terms, the greatest scope of
    patentability.
·   Intellectual property policy is in the sway of a maximalist "rights-
    culture" which leads debates astray. The assumption seems to be that
    to promote intellectual property is automatically to promote innovation
    and, in that process, the more rights the better. But both assumptions
    are categorically false. Even where intellectual property rights are the
    best way to promote innovation, and there are many areas where they
    are not, it is only by having rules that set the correct balance between
    the public domain and the realm of private property that we will get the




                                     2
2004            DUKE LAW & TECHNOLOGY REVIEW                           No. 9



    innovation we desire. Yet trade treaties require very high "floors" of
    international intellectual property protection while rarely imposing
    "ceilings," even though too much intellectual property protection is just
    as harmful, and as distorting of trade flows, as too little. This
    asymmetry is reflected in the international policy-making process.
·   As an organization that specializes in the subject, WIPO should be
    comparatively immune from the fallacy that intellectual property policy
    should always aim towards stronger rights. But since the alternative is
    to make intellectual property policy through trade organizations in
    which the developing countries have even less influence, in many areas
    states have used WIPO to join, rather than to restrain, the intellectual
    property rights arms-race. This is deeply unfortunate, because it
    abdicates the role that WIPO could and should have. In fact, the
    maximalist agenda is not good policy even for the developed world. It
    represents the interests and attitudes of a remarkably narrow range of
    businesses, and does so with little democratic scrutiny; participation by
    civil society in the formulation of intellectual property policy has been
    far narrower than in any field of comparable importance. To have the
    specialized agency within the United Nations that is responsible for
    maintaining the correct balance in the intellectual property system, buy
    into this narrow and biased maximalist rights culture would be little
    short of a tragedy.

B. WIPO and International Development: One-Size (`Extra Large')
Fits All?
·   The history of development in intellectual property is one of change.
    The countries that now preach the virtues of expansive minimum levels
    of intellectual property protection, did not themselves follow that path
    to industrial development. Intellectual property protections changed
    over time, responding to the internal and external economic and
    technological context. Even within industries in particular developed
    countries, patterns of use of intellectual property typically vary as the
    industry matures and develops. Compare the freewheeling beginnings
    of Silicon Valley to its current well-stocked legal departments, for
    example. Given this history, one would expect that international
    intellectual property agreements, whether made through trade treaties or
    in the context of WIPO, would be highly sensitive to the idea that "one
    size does not fit all" when it comes to intellectual property policy and
    developing countries ­ who themselves are hardly a homogeneous
    group. Though WIPO and the Trade Related Aspects of Intellectual
    Property Rights (TRIPS) both make claims to flexibility, critics have
    pointed out that the actual practice has been to push the developing
    countries to adopt `TRIPS-plus' levels of protection ­ while progress on




                                     3
2004            DUKE LAW & TECHNOLOGY REVIEW                            No. 9



    making humanitarian and regional exceptions, even ones clearly
    contained in international agreements, has been grudging. Again and
    again one finds the same assumptions: Rights are always the best path
    to innovation. More rights means more innovation. International
    treaties should set minimums (but not worry about maximums). One
    size fits all. And it is "extra large."
·   This "one size fits all" attitude has been widely condemned, in both the
    developed and developing world. In the words of the UK Commission
    on Intellectual Property, "Intellectual property systems may, if we are
    not careful, introduce distortions that are detrimental to the interests of
    developing countries. Developed countries should pay more attention
    to reconciling their commercial self-interest with the need to reduce
    poverty in developing countries, which is in everyone's interest. Higher
    IP standards should not be pressed on developing countries without a
    serious and objective assessment of their impact on development and
    poor people. We need to ensure that the global IP system evolves so
    that the needs of developing countries are incorporated and, most
    importantly, so that it contributes to the reduction of poverty in
    developing countries by stimulating innovation and technology transfer
    relevant to them, while also making available the products of
    technology at the most competitive prices possible." Yet because the
    debate on intellectual property policy is so narrow ­ both in terms of
    intellectual assumptions and groups participating ­ the "one size fits
    all" attitude is often the one that dominates.
·   Even where flexibility and exceptions are built into the international
    regime, developing countries often lack the technical and legal
    expertise to take full advantage of them. In intellectual property law,
    exceptions and limitations are deeply important. They are part of the
    policy rather than merely a suspension of it. Thus it is just as important
    to WIPO's mission to enable developing countries to make use of the
    flexibility built into the system as it is to persuade them to adopt and
    implement the latest draconian digital rights management legislation.
    In practice, however, the resources flow only one way.

C. WIPO in an Online World: Fighting Rather than Embracing the
Net?
·   WIPO now presides over the harmonization of a set of laws that
    regulate the citizen-publishers of cyberspace as well as protecting
    traditional publishers from competitors in the same industry. The reach
    of the law is markedly different: it regulates more people directly,
    regulates them with different effects, through different means, and
    implicating different norms. The acts that triggered intellectual
    property protection were once the preserve of major industrial concerns.




                                      4
2004            DUKE LAW & TECHNOLOGY REVIEW                            No. 9



    Those who were regulated knew the law intimately. They were well-
    represented, both as the law was made and as it was applied, and they
    were on guard against a well-understood set of economic threats from
    their horizontal competitors. But the new citizen-publishers of the Net
    are not well-represented in domestic and international councils and
    their interests are most certainly not limited to "passive consumption."
    They cannot meet the threat of a lawsuit or prosecution by turning to in-
    house lawyers. Can we therefore apply the assumptions of the last 120
    years to the policy process that makes these rules? Or are we to say
    that their work, their contribution to culture and debate, is somehow
    unimportant?
·   Intellectual property rules not only affect a different audience, they also
    directly implicate different values. More than ever, they have direct
    and measurable impact on privacy protection, freedom of expression,
    the design of the communications infrastructure and access to education
    and cultural heritage. If the policy process was ever merely a
    technocratic effort to facilitate the interests of affected industries, it
    cannot claim to be so any more. Yet policy making has been slow to
    keep up with these changes, both in process, and content.
·   Debates at WIPO frequently seem blind to the change in the level of
    "spillover" of the agreements it promotes. Rules that were made to stop
    one Victorian publisher from copying another's book did little to put
    practical constraints on an anonymous letter writer campaigning on
    women's suffrage. But the practical and technological effects of
    intellectual property regulation of the Internet might very well have
    effects on a modern-day human rights activist seeking anonymity, or a
    whistle-blower trying to reveal some corporate misdeed. This does not
    mean that we should give up regulating the Internet. But it does mean
    that we must do so with far more sensitivity to the effects of that
    regulation ­ regulation that is increasingly inscribed in technological
    form.
·   The communications technology possessed by millions of citizens has
    capacities for reproduction and distribution that were once reserved to
    the giants of industry. This fact has been featured in debates over
    intellectual property policy largely as an appeal to the threat of
    unauthorized distribution and piracy. But it also presents another
    paired risk, one that has, sadly, not received as much attention; that our
    intellectual property rules actually hamper the ability of the Internet to
    generate intellectual activity, encourage new methods of innovation,
    and distribute culture and education worldwide. The Internet is the
    most democratic speech technology yet invented, one with the greatest
    potential of allowing freedom of expression to those who do not own a
    printing press or a television station. It allows us to dream of offering,




                                      5
2004            DUKE LAW & TECHNOLOGY REVIEW                            No. 9



    to a truly global audience, access to the educational, cultural and
    scientific materials of the world. Our intellectual property rules need to
    embrace this fact, rather than legislating that the Internet become like
    some more familiar and less democratic medium.
·   Policy makers have had 20/20 vision about the dangers of almost
    costless copying, but have been blind to its benefits ­ both to traditional
    content companies and to the larger society. In fact, it is remarkable to
    consider that the areas where the Internet has succeeded most readily ­
    for example as a giant distributed database of facts on any subject under
    the sun ­ are traditionally those in which there are little or no
    intellectual property rights. The software on which the Internet runs is
    largely open source, another Internet-enabled method of innovation to
    which policy makers have been slow to adapt. The Internet offers us
    remarkable opportunities to achieve the real goals that intellectual
    property policy ought to serve: encouraging innovation and facilitating
    the dissemination of cultural and educational materials. Yet policy
    making has focused almost entirely on the Internet's potential for illicit
    copying. An example demonstrates the point.
·   Copyright term limits are now absurdly long. The most recent
    retrospective extensions, to a term which already offered 99% of the
    value of a perpetual copyright, had the practical effect of helping a tiny
    number of works that are still in print, or in circulation. Estimates are
    between 1% and 4%. Yet in order to confer this monopoly benefit on a
    handful of works, works that the public had already "paid for" with a
    copyright term that must have been acceptable to the original author
    and publisher, they deny the public access to the remaining 96% of
    copyrighted works that otherwise would be passing into the public
    domain. Before the Internet, this loss ­ though real ­ would for most
    works have been largely a theoretical one. The cost of reprinting an
    out-of-print book or copying and screening a public domain film was
    often prohibitive. But once one adds the Internet to the equation, it
    becomes possible to imagine digitizing substantial parts of the national
    heritage as it emerges into the public domain, and making it available to
    the world. Now this is truly fulfilling the goals of copyright:
    encouraging creativity, and encouraging access. It has positive effects
    on education, on development and on creativity. Instead, the process of
    international "harmonization" grinds on, relentlessly extending
    copyright terms retrospectively, locking up cultural and educational
    materials that could and should be available to the world. The "loss"
    caused by copyright here rivals and exceeds any possible loss from
    "piracy"; yet one will listen in vain for this loss to be mentioned in
    international debates on the subject. There are many other instances;
    the erosion of copyright formalities has massive unintended negative




                                      6
2004             DUKE LAW & TECHNOLOGY REVIEW                            No. 9



    effects in the online context, for example, but the maximalist "rights
    culture" seems to be oblivious to all of them.

D. Blindness to Alternatives: In and Out of the System
·   Even when the system of intellectual property works just as it is
    supposed to, it clearly will not solve certain pressing human problems.
    A pharmaceutical innovation policy that relies solely on patent
    incentives for example, will never supply adequate medicines for the
    diseases of the global poor. By choosing to focus our innovation policy
    in the pharmaceutical area solely on the provision of patent incentives,
    we are choosing to have children die of malaria and sleeping sickness.
    This is not a criticism of drug companies, or even of the current system
    of patents ­ both are working as they are designed to. It is a criticism
    of the belief that this system is the only way to produce innovation. It
    is thus incumbent on organizations such as WIPO to be more hospitable
    to proposals that attempt to reform, or to supplement the intellectual
    property system, or to offer alternatives to it. It is tragic that it has
    taken 120 years for us to return to the exploration of mechanisms for
    encouraging innovation ­ such as state sponsored prize systems whose
    products are distributed at marginal cost ­ that were widely discussed
    and even sometimes practiced in the years before the Paris and Berne
    conventions. Sadly, that history ­ and the many thoughtful criticisms
    of the limits of intellectual property policy that it was part of ­ seem to
    be lost to contemporary debates in WIPO. The rights culture is myopic,
    but it also suffers from historical amnesia.
·   Alternatives can also exist within the current system ­ using the rights
    currently provided. Open source software and collaborative efforts in
    science and medicine have shown that there are many ways to produce
    high quality innovation, innovation that the intellectual property system
    should facilitate and encourage in the same way it encourages more
    traditional, proprietary methods. Yet policy-makers have sometimes
    seemed either uncomprehending or actively hostile to such attempts, as
    if the intellectual property system required fidelity to a certain business-
    model of innovation. A perfect example is the remarkable hostility
    shown by some national governments to a recent proposal that WIPO
    explore the potential of these open and collaborative efforts. The
    proposal was warmly received by WIPO staff. Yet it was squashed by
    pressure from companies pursuing a different business model, who
    were able to rely on the language of the "rights culture" to convince
    state decision makers that only `closed source' models were legitimate.
    One high ranking US official in the Patent and Trademark Office even
    argued that such a meeting would be contrary to WIPO's goal, which is
    "to promote intellectual-property rights. To hold a meeting which has




                                       7
2004             DUKE LAW & TECHNOLOGY REVIEW                            No. 9



    as its purpose to disclaim or waive such rights seems to us to be
    contrary to the goals of WIPO." The level of ignorance revealed by
    such a comment is lamentable. The open source software community
    uses intellectual property to achieve its remarkable level of innovation;
    without copyright, the General Public License would be unenforceable.
    People who develop the software get rights under that license, and
    agree to limitations, just as in a patent pool or any other deal. Saying
    that this flourishing and imaginative use of intellectual property rights
    is somehow outside the world of intellectual property is like saying that
    the only legitimate use of real property is to sit on it and let no one in,
    on any terms. It is absurd. Again, the `rights culture' imposes a
    blindness that curtails our imagination just when it should be most
    active.

       II. THE GUIDING PRINCIPLES OF RATIONAL AND HUMANE
                  INTELLECTUAL PROPERTY POLICY
         If we are to have an intellectual property policy that genuinely
promotes innovation, international development and human well-being, we
need to expose the assumptions of the maximalist rights culture to the
democratic scrutiny they have so sorely lacked. More than 50 years ago,
environmentalists taught us to see beyond a disconnected set of problems in
the natural world ­ polluted streams and air, disappearing wetlands ­ to a
larger interconnected system called the environment. Successful
development could only proceed if it were sustainable; the environmental
impact must be part of the analysis. Similarly, both nationally and
internationally, we need to recover the traditional insight of our intellectual
property laws; that it is not rights that generate progress, but the balance
between rights and the public domain, a balance that is highly context
dependent. One size cannot fit all.
        This argument has implications far beyond WIPO, of course, but it
also implies the need to reorient WIPO's mission in the coming century.
WIPO has made some halting steps towards this in its most recent Medium
Term Plan, but if it is to fulfil its goal of encouraging intellectual activity,
and serving the citizens of the world, it must abandon the tunnel vision of
the maximalist rights culture and adopt the following seven principles.

1. Balance
        Intellectual property policy must maintain a balance between the
realm of protected material and the public domain. When WIPO documents
speak of "balance" they generally refer to a balance between producer and
consumer, or developed and developing nations. But the intellectual
property system depends on a different, and neglected, kind of balance.
Science, technology and the market itself depend on a rich "commons" of




                                       8
2004            DUKE LAW & TECHNOLOGY REVIEW                            No. 9



material available to all, just as they also depend on the incentives provided
by intellectual property rights. Too many rights will slow innovation as
surely as too few. The WIPO secretariat should be required to perform an
"Intellectual Environmental Impact Statement" on each new proposal for
the expansion of rights, detailing its effects on the public domain, and the
commercial, innovative, artistic and educational activities that depend on
the public domain.

2. Proportionality
         Each piece of intellectual property legislation imposes costs as well
as benefits on the public. Extending the copyright term retrospectively, for
example, denies a twenty year swath of culture to the public in order to
benefit the tiny minority of works that are still being exploited
commercially. Any other regulation that enforced massive costs for tiny
benefits would be subject to intense scrutiny. Intellectual property
regulation through WIPO should be no exception. A formal, detailed and
specific statement of costs and benefits should accompany any proposed
action.

3. Developmental Appropriateness
        The history of intellectual property law over which WIPO has
presided is actually one of considerable change, with a considerable
variation in the rules both over time and space, at different moments of
economic development. In tune with this history, WIPO needs to be a
counterforce to the tendency to impose `one size fits all' solutions
worldwide, not the place where "TRIPS-plus" standards are to be pursued.

4. Participation and Transparency
         Intellectual property law always had implications beyond the
regulation of competitors in the same industry, but today those implications
are so great and so pressing that they demand a much more participatory
and transparent procedure. WIPO needs to continue the welcome steps it
has already taken to increase the participation of civil society groups in the
discussion and debate. When intellectual property implicates everything
from access to essential medicines and free speech to education and online
privacy, it cannot be made according to the assumptions of a narrow coterie
of lawyers and industry groups.

5. Openness to Alternatives and Additions
         Intellectual property is a remarkable human invention, but it cannot
solve all problems. A pharmaceutical innovation system built on patents,
for example, will not cure the diseases of the global poor. To solve those




                                      9
2004             DUKE LAW & TECHNOLOGY REVIEW                             No. 9



problems, and others like them, we must think more imaginatively about
alternative and additional methods of encouraging and organizing
innovation. WIPO, which has long had expertise in thinking about the
limits of intellectual property, and which has certainly presided over
developments far outside of the narrow range of copyright, patent and
trademark, should become the most prominent global institution in which
those alternative methods are proposed and debated. WIPO's goal cannot
be the narrow one of creating bigger and bigger intellectual property rights.
In the words of the agreement between WIPO and the UN, its goal is the
broader one of "promoting creative intellectual activity and . . . facilitating
the transfer of technology related to industrial property to the developing
countries in order to accelerate economic, social and cultural development."
In the long term, we must come to understand that the requirement of a
level playing field in international trade is not that each country adopt a
uniform set of intellectual property rights, but that each country bear its fair
share of global research and development expenses ­ however, that process
is organized in a particular sector or area. The answer to the child with
sleeping sickness or malaria cannot be "our tools cannot solve your
problems." WIPO must be the institution in which we join, rather than
fight, the search for alternatives.

6. Embracing the Net as a Solution, Rather than a Problem
         From the mid-1990's onwards, the tendency in international
intellectual property has been to treat the Internet as a threat rather than an
opportunity. Despite the fact that the Net has demonstrated again and again
the possibility of generating, through dispersed collaborative networks,
innovation and intellectual activity of exactly the kind WIPO is supposed to
foster, policy makers have focused only on the threat of illicit copying.
WIPO should establish a standing committee which focuses on two key
issues: the barriers that traditional intellectual property erects against global
educational and cultural access (for example, through overly long copyright
terms retrospectively extended), and the ways in which the traditional rules
of intellectual property need to be rethought when they are applied to the
citizen-publishers of cyberspace. WIPO must work with the new medium,
rather than seeking to cripple it in order to make it more like the old media
in which traditional intellectual property rights arose.

7. Neutrality
        Within the realm of existing intellectual property rights, our policy
must be neutral between different methods of using those rights to
encourage innovation. For example, both closed source, proprietary and
open source, collaborative software developers use the intellectual property
system to generate innovation of global worth. It is not WIPO's job to pick




                                       10
2004             DUKE LAW & TECHNOLOGY REVIEW                             No. 9



winners in this competition between different methods of innovation.
WIPO should be as concerned about the impact of software patents on open
source software development, as it is about the impact of software piracy on
closed source software development. Intellectual property rights are tools,
and WIPO needs to respond creatively and flexibly to the new ways in
which those tools can be used, not view any new method of innovation as
somehow illegitimate.

                              III. CONCLUSION
         The ideas proposed here are not radical. If anything they have a
conservative strand ­ a return to the rational roots of intellectual property
rather than an embrace of its recent excesses. Patents, for example, have a
restricted term and were always intended to work to fuel the public domain.
Copyrights were intended to last only for a limited time, to regulate texts,
not criminalize technologies, to facilitate rather than to restrict access. Even
the droits d'auteur tradition was built around the assumption that there were
social and temporal limitations on the author's claims; natural right did not
mean absolute right. Neither Macaulay and Jefferson, nor Le Chapelier and
Rousseau would recognize their ideas in the edifice we have erected today.
In the name of authorial and inventive genius, we are creating a
bureaucratic system that only a tax-collector or a monopolist could love.
But genius is actually less likely to flower in this world, with its regulations,
its pervasive surveillance, its privatized public domain and its taxes on
knowledge. Even if the system worked exactly as specified, it could not
solve some of the most important human problems we face, and it would
likely hamper our most important communications technology. And now
we foist that system on the world, declaring that anyone who does not have
exactly the same legal monopolies as we do is distorting trade. True,
WIPO's power to undo these trends is limited at the moment. Trade
negotiations have become the preferred arena for expanding rights still
further. But if these trends are to be reversed there will need to be an
international, informed, democratic debate about the trajectory we are on.
WIPO's role in that debate is a central one. It should embrace that role,
rather than seeking to jump onto the bandwagon of ever-expanding rights.



                                AFTERWORD
         This manifesto is my attempt to bring greater democratic scrutiny to
bear on some pressing problems in international intellectual property policy.
It was prepared for a Meeting on the Future of WIPO, convened in Geneva
in September 2004 by the Open Society Institute, the Consumer Project on
Technology and the Duke Center for the Study of the Public Domain, but it
represents my views alone. It attempts to compress into a few pages, for a




                                       11
2004             DUKE LAW & TECHNOLOGY REVIEW                            No. 9



non-specialist audience, problems that have had lengthy tomes devoted to
them; in the process a lot of issues get short shrift or are ignored altogether
because I felt they receive adequate attention elsewhere. I owe gratitude to
a number of people for their comments on, though not necessarily their
agreement with, this work. Thanks go to Arti Rai, Jennifer Jenkins, Larry
Lessig, Sisule Musungu, Yochai Benkler, Justin Hughes, Cory Doctorow,
Anthony So, Jamie Love, Bernt Hugenholtz, Wendy Seltzer, Vera Franz,
Darius Cuplinskas and Terry Fisher.
Suggested Further Reading:
·   James Boyle, The Second Enclosure Movement and the Construction
    of the Public Domain, 66 LAW & CONTEMP. PROBLS. 33 (2003),
    available at:
    http://www.law.duke.edu/shell/cite.pl?66+Law+&+Contemp.+Probs.
    +33+(WinterSpring+2003).
·   SISULE MUSUNGU & GRAHAM DUTFIELD, MULTILATERAL
    AGREEMENTS AND A TRIPS-PLUS WORLD: THE WORLD
    INTELLECTUAL PROPERTY ORGANISATION (WIPO) (2003),      available
    at http://www.geneva.quno.info/pdf/WIPO(A4)final0304.pdf.
·   Jerome Reichman & Keith Maskus, The Globalization of Private
    Knowledge Goods and the Privatization of Global Public Goods, 7 J.
    INT'L ECON. L.279-320 (2004), available at
    http://www3.oup.co.uk/jielaw/hdb/Volume_07/Issue_02/jqh018.sgm.
    abs.html.




                                      12