by Dr. Mugwena Maluleke, President of Education International (EI) and General Secretary of the South African Democratic Teachers’ Union (SADTU) On 21 May 2025, the Constitutional Court in South Africa will consider the constitutionality of the Copyright Amendment Bill passed…
QUT News, 22 February 2024 22nd February 2024 The role of intellectual property rights in technology transfer to developing countries and least developed countries to achieve the UN Sustainable Development Goals (SDGs) is a major theme of a new international…
PIJIP Director Sean Fiil-Flynn and North-West University Professor Klaus Beiter submitted comments to the U.S. Treade Representative related to the annual review of the eligibility of sub-Saharan African countries to receive the benefits of the African Growth and Opportunity Act (AGOA). Their submission counters claims made by the International Intellectual Property Alliance regarding South Africa’s compliance with international copyright treaties.
[Faith O. Majekolagbe and Giulia Priora] Abstract: There has been a renewed interest in the adoption of an international instrument on copyright and educational uses at the World Intellectual Property Organization since the COVID-19 pandemic which necessitated an unprecedented large-scale switch to digital education in many countries and brought to the fore the need to address copyright barriers to educational activities in physical and digital settings at the international level. This chapter primarily considers various legal models for copyright limitations and exceptions, specifically the fair use, fair dealing, and exhaustive list models, that could be explored and/or adopted in developing an appropriate international instrument on copyright limitations and exceptions for educational uses. It then draws lessons from the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled to buttress the need for an international instrument on educational uses of copyrighted works.
[Andrés Izquierdo] The Group of Latin American and Caribbean Countries (GRULAC), delivered a statement supporting initiatives and proposals aimed at expanding and facilitating education, research, and the preservation of cultural heritage in developing countries. GRULAC also advocated for the implementation of WIPO’s Development Agenda (DA) recommendations and the fulfillment of the Sustainable Development Goals (SDGs) established by the United Nations. The statement was delivered by the Bolivarian Republic of Venezuela delegation speaking on behalf of GRULAC during the World Intellectual Property Organization’s (WIPO) General Assembly 2023.
[Andrés Izquierdo] On July 6, 2023, Germán Umaña Mendoza, the Colombian Minister of Commerce, Industry, and Tourism, delivered a compelling opening statement on behalf of Colombia during the General Assembly of the World Intellectual Property Organization (WIPO). In his address, Minister Umaña advocated for the establishment of multilateral regulations that would incorporate flexible copyright provisions, enabling enhanced access to education and technological advancements. He also emphasized the need to safeguard cultural expressions and ensure accessibility to digital economies, with the aim of achieving a harmonious equilibrium between sustainable development, trade, intellectual property, investment, and services. Minister Umaña's is a significant call to action, urging stakeholders to advance a balance in IP rights.
[Nirmalya Syam and Shirin Syed] Abstract: Least developed countries (LDCs) benefit from specific flexibilities under the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), including an extended transition period for implementation of the agreement. These flexibilities cease to apply when countries graduate from the LDC category. Cambodia, Djibouti, Senegal and Zambia are among the countries that have recently started the graduation process, which consists of a series of stages over several years and involves analysis of quantitative and qualitative information, including the expected impacts of graduation. In that context, this study analyses the policy and developmental implications for these countries of no longer benefitting from the LDC-specific provisions of the TRIPS Agreement.
[Electronic Information for Libraries] At WIPO’s Standing Committee on Copyright and Related Rights (SCCR/43) that took place in April 2023, delegations were invited to send written comments on the latest version of the draft treaty for the protection of broadcasting organizations presented at the meeting (Second Revised Draft Text for the WIPO Broadcasting Organizations Treaty, document SCCR/43/3). While the text presented at SCCR contained improvements that were welcome e.g. the section on limitations and exceptions (L&Es) was expanded to include uses for teaching and research, as well as preservation of the programme material carried by the signal, the changes don’t go far enough.
[Martin Senftleben] Abstract... The rights reservation option following from the regulation of text and data mining in the EU (Article 4 of the Directive on Copyright in the Digital Single Market) could serve as a basis for a remuneration system focusing on the use of human creations for AI training purposes. Considering legal and practical difficulties arising from this approach, however, it is preferable to follow an alternative path and introduce a levy system that imposes a general payment obligation on providers of generative AI systems.
[Andrés Izquierdo] On May 25th, the 35th Program and Budget Committee (P&B) of the World Intellectual Property Organization (WIPO) adopted new language concerning copyright limitations and exceptions (L&E) for the copyright sector at WIPO. Initially put forward by Colombia, this proposal received strong support from the African Group, leading to its adoption.
[Teresa Nobre] As the summer approaches, we are taking stock of the latest developments in copyright policy debates. The scene-stealer “Generative AI” is prompting a copyright comeback in the EU bubble, forcing everyone to take a position (including us). Yet the conversations that deserve the attention of copyright experts in the months to come are not limited to ChatGPT and its peers, or even to Brussels for that matter. Just when our hopes were fading, international copyright policy-making is back in action in Geneva, and the next chapter of the discussions looks promising!
[Shweta Mohandas] Day 1: Member states delivered opening statements and deliberated on the progress, substantive provisions, and method of work on the draft broadcasting treaty text. This blog post summarises positions and contentions that supported: 1)The need for balance between rights of broadcasters and that of users and researchers 2) Questions around fixation and signal piracy 3) Need for consensus and towards a diplomatic conference.