The Internet and new information technologies present a number of complex issues regarding intellectual property rights. Authors and creators have an interest in protecting unauthorized commercial exploitation of their own works, but also in obtaining access to the works of others. Firms that sell computing equipment and software may seek protection for those works, but also may need the right to reverse engineer or develop products that are interoperable with works owned by others. Citizens benefit from the economic incentives of copyright laws, but also from fair ("innocent") use exemptions in several national copyright systems. The free flow of information is essential for a variety of purposes, including the exercise of free speech and the ability of innovate and create. Education use presents special issues, including those involved in distance learning.
Mechanisms to protect copyrighted works on the Internet should not unduly restrict the ability of educators to share information with students in ways that are equivalent to current practices involving more conventional teaching methods.
There are important conflicts between privacy and certain technologies that protect copyrighted materials. Privacy is a social good. Society should avoid mechanisms to protect copyright that are unreasonable intrusions on personal privacy, particularly when less intrusive mechanisms are technologically feasible.
Governments should provide copyright exceptions that address such issues as fair or innocent use, private copying, library uses, research and private study, and exceptions that are essential for reverse engineering and other techniques needed for the development of interoperable products. Consumer rights in the digital world should not be less than traditional rights in older publishing and other information technologies. Consumer rights for fair uses of copyrighted materials should not be alienated by coercive or unfair contracts. Legislation to implement WIPO treaties should address these concerns.
Governments should ask the WTO to expand Article 13 of the TRIPS regarding exceptions to copyrights. The language is currently too narrow, and does not even include the language in Article 30 concerning patents, that permits governments to consider the legitimate interests of third parties.
Electronic commerce raises profound and fundamental challenges to national policies that seek to restrict parallel imports of goods. Government should provide for international exhaustion of rights for copyrights, patents and trademarks, as is permitted under Article 6 of the WTO/TRIPS agreement, so that consumers can benefit from the free flow of goods. Governments can require that goods be labeled or identified as parallel imports, if such requirements benefit consumers and do not present unreasonable restrictions on trade in parallel goods.