November 25, 1996

The Honorable Albert Gore, Jr.
Vice President of the United States
Old Executive Office Building
Washington, DC 20501

Dear Vice President Gore:

The American Association for the Advancement of Science (AAAS) is deeply concerned about recent efforts to impose new intellectual property protection on databases. This matter is of considerable importance to the scientific constituencies that AAAS represents, many of whom have only recently learned of the Draft Treaty on Intellectual Property in Respect to Databases that will be negotiated this December at the World Intellectual Property Organization (WIPO) Diplomatic Conference in Geneva and relevant domestic legislation (HR 3531) introduced during the last session of Congress. As a result, their possible implications for scientific research and communication have been subjected to minimal scrutiny. We are, therefore, concerned about moving the draft treaty forward before all of the stakeholders have had the opportunity to understand it fully and to contribute their voices to the deliberations over its future.

Databases are integral to scientific research and with the growing use of the Internet as a major vehicle for providing access to scientists around the world, they are finding new and exciting applications in research ranging from the Human Genome Project to global climate studies. In fact, in the case of genome databases, researchers are now encouraged by DOE, NIH, and several scientific journals to enter all of their sequence data into these databases prior to publication. We are deeply concerned that the treaty may not only conflict with these trends and applications but may infringe on the full and free flow of information so vital to their success.

We agree with many of the points articulated by the presidents of the National Academy of Sciences, the National Academy of Engineering, and the Institute of Medicine, in their October 9, 1996, letter to the Secretary of Commerce. Specifically, we are troubled that the international treaty does not include adequate provisions for fair use or other public-good exemptions crucial to scientific research and education. Until now, U.S. intellectual property laws have attempted to balance the interests of authors, publishers and content producers with society's need for the free exchange of ideas. Fair use and other public rights to utilize protected works, as confirmed in the Copyright Act of 1976, constitute indispensable legal doctrines for promoting the dissemination of knowledge, while ensuring authors, publishers and copyright owners appropriate protection of their works and economic investments. The preservation and continuation of these balanced rights must be included in any proposals for new intellectual properties with regard to databases.

Other facets of the treaty that we find troubling include the ambiguities with regard to how key terms have been defined. What constitutes a "database," "extraction," "use," and "substantial parts" of the database are all so vague that they could be applied to a wide range of scholarly products that are already subjected to copyright law, including bibliographies, catalogues, and archives of books and journals. Also, the seemingly perpetual protection granted to databases under the treaty seems extreme given the time limits conferred by traditional intellectual property laws.

The American Association for the Advancement of Science is the world's largest federation of scientific and engineering societies, with 283 organizational affiliates that cooperate with the Association on a wide range of activities. In addition, the AAAS enrolls over 143,000 scientists, engineers, science educators, policy makers, and others interested in science and technology worldwide. Founded in 1848, the Association has continually worked to advance science by fostering communication and cooperation among scientists, both of which may be hampered by the treaty's adoption.

At a meeting convened by AAAS on November 6, Dr. Donald Lindberg, Director of the National Library of Medicine, expressed his concern that the protections outlined in the treaty could be used by a company to download a publicly available database on the human genome, "put page numbers on it, and claim that they have put substantial investment in it and own it." Whether or not that proves to be true, the very fact that a leader of one of this country's premier research institutions holds such a concern should give pause to U.S. negotiators on the WIPO treaty. This is a very complicated matter that will impact many activities. Until the concerns we have expressed and others like them can be fully addressed, we urge the Administration to proceed with great caution.

Sincerely,

Richard S. Nicholson
AAAS Executive Officer

For more information about this letter and accompanying activities, please contact the Scientific Freedom, Responsibility and Law Program.