Archbishop Tomasi: intellectual property in service of common good
The Permanent Representative of the Holy See to the United Nations and Other International
Organizations in Geneva, Archbishop Silvano M. Tomasi, delivered remarks to the World
Intellectual Property Organization during the 49th Series of Meetings of
the WIPO Assemblies. Below is the official text of his speech: September 27, 2011
Mr.
Chairman 1. Let me start by presenting you our congratulations for your election
as the chair of the General Assembly and I extend them to your two vice chairs. My
Delegation is confident that under your leadership we will be able to reach a positive
outcome. 2. Allow me also to express our support for the efforts of the Director
General and his staff in encouraging innovation and creativity over the last year
in all the regions of the world, while promoting a balanced and effective international
intellectual property system. 3. In this and in other fora, the Holy See has argued
that intellectual property deserves protection since it creates incentives for innovation.
Such protection, however, must be tempered to allow the spreading of the benefits
of innovation as widely as possible. The very creative and innovative impact that
IP rights provide should aim primarily at serving the common good of the human
community. Individual persons and associations are called to contribute to the
cultural, economic, political and social life of the civil community to which they
belong. Since all human beings should contribute to society, special attention is
required to make possible also the participation of the most disadvantaged. For this
reason the poor should be helped “to acquire expertise, to enter the circle of exchange,
and to develop their skills in order to make the best use of their capacities and
resources.” Education is the critical strategy to achieve this goal. In fact, it
endows needy people with the basic knowledge which enables them to express their
creativity and develop their talents. In this way they become active protagonists
for their future and no longer merely passive elements in the social order where
the human person “must be and must continue to be, its subject, its foundation and
its end.”
4. Since the last Assemblies, meaningful and hopeful progress has
taken place in various substantive sectors of the Organization, such as the Standing
Committee on the Law of Patents (SCP), the Intergovernmental Committee on Genetic
Resources, Traditional Knowledge and Folklore (IGC). The Strategic Realignment Program
(SRP) has been refined and its progressive implementation shared through informative
briefings offered by the Secretariat. 5. A major success of the Organization has
occurred in the Standing Committee on Copyright and Related Rights (SCCR). After
ten years of a stand-off, a positive and cooperative engagement by Delegations has
led to the SCCR’s recommendation to resume the failed 2000 Diplomatic Conference on
a treaty for the protection of audiovisual performances. My Delegation looks forward
as well to reaching an agreement on the visually impaired and on people with print
disabilities. This agreement will make a significant contribution in mitigating the
difficulty faced by more than 284 million visually impaired people worldwide, about
90% of whom live in developing countries. These are people with limited access to
education and culture, not because they lack thirst of knowledge or because they lack
aspiration to play their part in the material and cultural welfare of the world community,
but because of their disability. 6. The rapid development of technology in the
area of the media is surely one of the signs of advancement in today’s society; it
is also a challenge for the Member States of this Organization that have to undertake
a particular effort to face it. The Holy See, as a practical demonstration of its
commitment and recognizing the lead role played by Copyright, has updated its legislation
in this field by adopting a new law. Such a decision shows the significant role played
by intellectual property in this State. 7. During the last biennium, the Intergovernmental
Committee on Genetic Resources, Traditional Knowledge and Folklore (IGC) undertook
a tremendous effort towards the development of an international protection instrument
and during the last session it has elaborated a proposal for a renewal of its mandate.
The Holy See remains engaged in this Committee and would like to underline a few
elements:
intellectual manifestations of tradition or folklore
deserve recognition first, because they constitute a means of constructing and projecting
the identity of the members of the community concerned and, second, because they are
a common asset of that same community, which has grown by small, anonymous contributions
over many generations; many biological resources bearing great economic and social
usefulness are located in territories inhabited since time immemorial by native communities
within the jurisdiction of countries other than those where industrial development
of genetic material takes place and patents are obtained. Those native communities
already have some knowledge and make use of some of the biological properties protected
by patents. Indigenous Communities' ancestral concern for the soil needs to be considered:
it generates a right to its use and usufruct. This right extends also to the plants
and animals of a territory. Consequently, the biological environment tends to be
closely associated with the culture of local people, and constitutes an integral factor
of their identity and social cohesion. Native populations' rights over the land and
its fruits exist, and have to be protected, even where modern systems of property
protection — both movable and immovable property such as intellectual property—do
not foresee their recognition and protection to a sufficient extent.
Mr
President, I would like to conclude by reaffirming the right to private property
and in particular to intellectual property. This right is under a ‘social mortgage,’
for the satisfaction of essential human needs. It has an intrinsically social function,
which is justified precisely by the principle of the universal destination of goods.
The universal destination of goods represent the sum total of social conditions which
allow social groups and their individual members to arrive at their own fulfilment.
The common good, however, is realized if solidarity prevails. In our globalized world,
an equitable relationship with others is a must since we are all really responsible
for all.