Adelphi Charter

The Adelphi Charter on Creativity, Innovation and Intellectual Property ( , Innovation and Intellectual Property Adelphi Charter on Creativity ) is the result of a project of the London district commissioned Adelphi based Royal Society of Arts was (RSA) performed and purposes, a good Define Intellectual Property Policy . The charter was adopted on October 13, 2005.

As a result, it has influenced the reflection on intellectual property legislation, in particular the Copyright for Creativity - A Declaration for Europe .

Adelphi Charter on Creativity, Innovation and Intellectual Property

The Adelphi Charter reads in (unauthorized) translation:

Humanity's ability to generate new ideas and knowledge is its greatest strength. It is the source of art, science, innovation and economic development. Without it, individuals and societies come to a standstill.

This creative ability needs access to ideas, knowledge acquisition and culture of other people of the present and the past. Likewise, in the future, others will use what we have created. Human rights challenge us to ensure that everyone can use and pass on information and knowledge so that individuals, groups and societies can develop their potential.

Creativity and investments must be recognized and rewarded. Today, as in the past, legislation on intellectual property must aim to ensure both the transfer of knowledge and the remuneration for innovation.

The expansion of intellectual property law over the past 30 years has resulted in a legal practice that has lost all meaningful relation to modern technical, economic and social developments. This rupture threatens the creativity and innovation chain on which we and future generations depend.

We therefore urge governments and the international community to uphold these principles:

1. Laws regulating intellectual property must serve the achievement of creative, social and economic goals rather than being the goal themselves.

2. These laws and regulations must serve the basic human rights to health, education, work and cultural life and are subordinate to these.

3. The public interest demands a balance between public rights and private rights. It also requires a balance between free competition, which is essential for economic dynamism, and the monopoly rights granted by intellectual property laws.

4. The protection of intellectual property should not be extended to abstract ideas, facts or data.

5. Patents may not be extended to mathematical models, scientific theories, software, teaching methods, business processes, medical diagnostic, therapeutic or surgical methods.

6. Copyrights and patents must be limited in time and their validity limited to what is appropriate and necessary.

7. Governments must allow a wide range of copyright regimes to promote access and innovation, including non-proprietary models such as open source licensing and free access to scientific literature.

8. Intellectual property legislation must take into account the social and economic conditions of developing countries.

9. Governments should apply these rules in making decisions about intellectual property law:

• The presumption speaks fundamentally against the creation of new areas in the protection of intellectual property, the expansion of existing privileges and the extension of the term of protection.

• The burden of proof in these cases lies with the proponents of a change.

• Changes are only allowed if a thorough analysis clearly shows that they promote fundamental rights and prosperity.

• The public should be involved throughout and an understandable, objective and transparent assessment of the public benefits and harm should be carried out.

RSA, Adelphi, London, October 13, 2005

Authors

The charter was drawn up by an international commission composed of experts in the fields of art, culture, human rights, law, economics, natural and engineering sciences, the public sector and education.

Among the commissioners at the time of publication were:

• James Boyle - William Neal Reynolds Professor of Law, Duke Law School, and Faculty Co-Director, Center for the Study of the Public Domain , Duke University
• Lynne Brindley - Chief Executive, British Library
• William Cornish - Former Herchel Smith Professor of Intellectual Property University of Cambridge
• Carlos Correa - Center for Interdisciplinary Studies on Industrial Property and Economics University of Buenos Aires ; and South Center Switzerland
• Darius Cuplinskas - Director, Information Program Open Society Institute
• Carolyn Deere - Chair, Board of Directors, Intellectual Property Watch ; and Research Associate, Global Economic Governance Program , University of Oxford and University College Oxford .
• Cory Doctorow - Staff Member, Electronic Frontier Foundation ; and writer
• Peter Drahos - Professor of Law, Director of the Center for Competition and Regulatory Policy, and Head, RegNet, The Australian National University
• Bronac Ferran - Director, Interdisciplinary Arts Arts Council England
• Michael Jubb - Director, UK Research Libraries Network
• Gilberto Gil - Minister of Culture, Brazil ; and musician
• Lawrence Lessig - Chair, Creative Commons ; Professor of Law and John A. Wilson Distinguished Faculty Scholar Stanford Law School
• James Love - Executive Director, Consumer Project on Technology ; and Co-Chair, Transatlantic Consumer Dialogue (TACD) Committee on Intellectual Property
• Hector MacQueen - Professor of Private Law and Director, AHRB Research Center on Intellectual Property and Technology Law University of Edinburgh
• John Naughton - Professor of the Public Understanding of Technology, Open University ; Fellow of Wolfson College, Cambridge University ; and columnist, ' The Observer '
• Vandana Shiva - physicist, philosopher, environmental activist and writer.
• Sir John Sulston - Nobel Laureate ; former Director, Wellcome Trust , Sanger Institute
• Louise Sylvan - Deputy Chair, Australian Competition and Consumer Commission

Leader was John Howkins and research coordinator Jaime Stapleton.

Web links

• RSA Homepage (English)
• The Adelphi Charter (English)
• Free Ideas The Economist , October 13, 2005
• Bill Thompson: Copyright for the digital age BBC News , October 17, 2005
• Olga Drossou, Stefan Krempl , Andreas Poltermann: The wonderful increase in knowledge. How open innovation is revolutionizing our world . Heise Zeitschriften Verlag , 2006

Individual evidence

1. ↑ RSA How to find us, accessed August 21, 2016.
2. ↑ James Boyle: Protecting the Public Domain. The Guardian , October 14, 2005, accessed September 16, 2013.
3. ↑ Copyright for Creativity Coalition C4C: Copyright for Creativity - A Declaration for Europe (English)
4. ↑ Royal Society of Arts: Promoting innovation and rewarding creativity. 2006, ISBN 978-0-901469-59-5 , pp. 7-8
5. ↑ Consumers International : Freeing Ideas - The Adelphi Charter on Creativity, Innovation and Intellectual Property ( Memento of the original from 23 August 2016 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Training Workshop on Copyright and Access to Knowledge, Bangkok, June 5, 2006