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Info Service on Intellectual Property Issues (June09/02) It was first published by SUNS and is reproduced here with permission. Regards
Geneva, 28 May (Asmeret Asghedom) -- Developing countries, at the eighteenth session of the WIPO Standing Committee on Copyright and Related Rights (SCCR), showed support for a mandatory international instrument on minimum exceptions and limitations (E&L) to copyright to infuse balance into the present copyright system which in recent years has titled in favour of rights holders. It received broad support from developing countries and public interest groups. The text of the proposed treaty is one that was proposed by the World Blind Union (WBU) at last November's SCCR meeting. The proposed treaty is intended to facilitate and enhance access to protected works for the blind, visually impaired, and other reading-disabled persons. The proposed treaty is historic in WIPO, as it proposes carving out minimum E&L in the interest of the public, as opposed to giving more rights to the right-holders, which is usually the subject of discussion at the SCCR. The issue of E&L gained momentum following a proposal by Brazil, Chile, Nicaragua and Uruguay at the sixteenth SCCR meeting (in July 2008) that the SCCR be committed to creating mandatory minimum E&L through means it deems appropriate. The sixteenth session of the SCCR was the first meeting to formally include the E&L on the Committee's agenda. In a note attached to their proposal, the proponents of the treaty state that by undertaking such an initiative, "WIPO would act in accordance with the efforts undertaken by the UN to address the need for enhancing access to knowledge for the most vulnerable or socially prioritized sectors". "Establishment of formal negotiations on limitations and exceptions would contribute to the broader aims of the Development Agenda, particularly the ones related to norm-setting," the note further adds. Generally, the proposed treaty received strong support from developing countries and public interest groups. Some countries proposed launching negotiations on the basis of the proposed treaty. The African Group sought an even more ambitious action on E&L, suggesting a broader treaty framework that would reflect the Development Agenda and include elements such as access to knowledge in the areas of education, research and transfer of technologies. In
introducing the proposed treaty on Wednesday, It added that the success of the IP system relies on the balance between public and private interest and that the best way to broker the balance was to develop E&L. It also said that there were 37 million blind people and 124 million people with low vision worldwide. 90 % of the visually impaired persons (VIP) live in developing countries, it added. Developing countries showed broad support for discussions on mandatory international instruments on minimum exceptions and limitations (E&L) to copyright, including the proposed treaty in the SCCR. India
was also supportive of the proposed treaty, stressing the need to move
forward to have international binding obligations in the area of E&L.
Developed countries were more cautious in their interventions. While they were in favour of finding solutions for the reading disabled, there was no explicit support for an international legally-binding instrument on the matter or on other E&Ls. In fact, more studies and national solutions were stressed upon. Germany, on behalf of Group B (composed of developed countries), said the issues were complex as it included a mix of legal, business and economic issues, thus, the solution would also be complex. It said that there was a need to find effective, practical and timely solutions for the VIP, adding that it would need further time to consider the document. The
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