A/HRC/28/57 property regimes. This report emphasizes human knowledge as a global public good and recommends that States should guard against promoting the privatization of knowledge to an extent that deprives individuals of opportunities to take part in cultural life and enjoy the fruits of scientific progress (ibid., para. 65). B. International regulation of copyright 15. “Intellectual property” is an umbrella term encompassing a number of distinct legal regimes that create private property rights related to intangible assets. Specific legal regimes pertaining to copyrights, patents, trademarks, industrial designs, trade secrets, etc., each regulate different forms of intellectual property, defining the types of creations it applies to, the rules for determining whether specific material qualifies for legal protection and which types of conduct will be considered to infringe the owner’s exclusive rights, and establishing the legal penalties for such acts. 16. Legal protection of copyright interests originated in Europe centuries ago at the municipal and national levels. Because printing press technology enabled mass reproduction of written materials, those laws originally related to the reprinting of books and sheet music. As technology advanced, other genres such as visual art and musical performances, came to be included. 17. Bilateral agreements between European States constitute the first supranational lawmaking on copyright. The 1886 multilateral Berne Convention for the Protection of Literary and Artistic Works was initially signed by fewer than a dozen countries; nevertheless, its geographic sweep was significant as it also applied to the colonies of signatory nations. Today, the Berne Convention has 168 contracting parties. In 1994, the World Trade Organization (WTO) announced its Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Incorporating most elements of the Berne Convention by reference, the TRIPS Agreement establishes a new enforcement mechanism based on international dispute resolution and trade sanctions. It applies to all WTO members, although least developed countries have until at least 2021 to comply. 18. The Berne Convention and TRIPS Agreement are supplemented by several international conventions regulating copyright and related rights, administered by WIPO. The International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations was agreed in 1961; the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, jointly known as the Internet Treaties, in 1996. International law-making on the topic of copyright continues within WIPO, as well as through bilateral and multilateral trade agreements. 19. Considerable concern is expressed today about an apparent democratic deficit in international policymaking on copyright. Of particular concern is the tendency for trade negotiations to be conducted amid great secrecy, with substantial corporate participation but without an equivalent participation of elected officials and other public interest voices. For example, the recent negotiations around the Anti-Counterfeiting Trade Agreement and the Trans-Pacific Partnership have involved a few countries negotiating substantial commitments on copyright policy, without the benefit of public participation and debate. In contrast, treaty negotiations in WIPO forums are characterized by greater openness, participation, and consensus-building. Regardless of the forum, concern is often expressed that powerful parties may use international rule-making to restrict domestic policy options, advancing private interests at the expense of public welfare or human rights. 5

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