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Coffee and Intellectual Property
cervesaebraciator writes "A 'Coffee Branding Workshop,' sponsored by the World Intellectual Property Organization, was held recently in Arusha City, at which the Director General of the Tanzania Coffee Board presented a paper titled 'Supporting the Coffee Sector with added Value Products Through Intellectual Property and Branding.' The paper encouraged the use of intellectual property claims, including trademarks, copyrights, patents, and designs, as sources of income which can be used to support agriculture in Africa. The Director General claimed that '[Intellectual property rights] are the basis for today's knowledge based economy and international competitiveness.' This is no doubt related to a broader effort to advance western style intellectual property in Africa through claims of the benefits it offers agriculture. Promoting western style intellectual property law as a means of third world development is a popular strategy for WIPO, the only branch of the UN to have significant wealth deriving from contributions independent of Member States. On a related note of interest to Slashdotters, there is a history of tension between WIPO advocates and FOSS advocates." I hope they take advantage of the marketing possibilities offered by civet-processed coffee.
But you're actually making part of our argument for us. There is no such thing as "intellectual property" and when people use the word they conflate a number of laws wanting us to think of them as similar when in fact they have almost nothing in common.
Copyright - automatic, lasts a long time, applies to execution of ideas only.
Patents - not automatic, lasts a relatively short time, applies to ideas themselves rather than to execution
Trademark - not automatic, lost if not defended, can last indefinitely - applies to neither ideas nor execution.
In fact trademarks are not a law of benefit to trademark holders at all (at least not in it's intention), it's intention is to be a consumer protection law - so that when you buy something you can trust it's the real thing (what you describe is a case for proper trademark enforcement which most FOSS people have no problem with whatsoever - indeed I've never met one who did).
These things are radically different sets of laws with completely different goals and implement in very different (often completely contradictory) manners. Trademarks can't be called a property by any reasonable measure and in fact unlike the others cannot be said to even enable market-forming, they are purely there to protect consumer's interests - not those of trademark HOLDERS but those of ordinary citizens. They are also highly restricted because they apply to words - so they don't get turned into a form of censorship. This is why a trademark is limited to a certain field of endeavour (a trademark on the name windows in computing cannot be enforced on companies that make glass panes to fit into holes in your wall or vice versa), and why they are lost if not defended and if (despite defending them) they become common-usage terminology (this is why Johnson and Johnson lost the trademark on "band-aid", "kleenex" was lost in the same way).
There is no way to lose your copyright before it expires. You can sue somebody for violating a patent even if a billion other people did it and you never sued any of them before.
See - these things are completely separate things and should be discussed and debated separately. When we discuss patent reform, throwing copyright into the discussion will only confuse the issue since they are almost entirely opposite in their structure. If we discuss trade-mark enforcement we have literally NOTHING to gain by conflating patent and copyright issues with that.
I live in Africa and I've lived through some of the problems you describe. I contracted malaria in Nigeria and know the fear of wondering whether the malaria tablets the doctor prescribed and the pharmacy sold me are actually the real thing or just repackaged aspirins. I'm in favor of strong trademark enforcement to prevent such things. At the same time I'm in favor of radical patent reform and possibly even abolishment.
I really hope my country remains firm and refuses to allow software patents forever, because that is a MAJOR industrial advantage for us. A US company cannot sue us for patent infringement (which every program in the world does) but we COULD sue them - and since they cannot then blackmail us - they leave us alone. We're one of the last countries where a software company doesn't have to compile a huge stockpile of patents just to survive.
Unicode killed the ASCII-art *
But Monsanto plants can and do breed with other plants. Monsanto has sued people who have not paid for use of their patents when those peoples crops became tainted. Sure a lot of people pay for and use them, but it's absurd to patent something that is self replicating in the field. The way you describe it, a patent is not needed because only the producer has the secret recipe. And this is entirely beside the points raised by those "scare-mongering" about GMO foods.