PIJIP has created a page for comments submitted by members of the User Rights Network to the U.S. Trade Representative for its GSP Country Practice Review of South Africa. This review is being conducted in response to an IIPA petition critical of South Africa's Copyright Amendments Act.
...I would like to start with the standard of review in this matter. As noted in the Federal Register Notice, and as included in the relevant statutes, the statutory standard is “adequate and effective intellectual property” ... The plain language of the statutes would suggest that this is a minimum standard. South Africa has a full panoply of intellectual property rights statutes that meet the requirements of all relevant international treaties. The inquiry should end there.
[Mike Palmedo and Andres Izquierdo] Our submission demonstrates that it is common for countries to allow the use of copyrighted works for educational purposes – even full works – without the authorization of the copyright owner. We reviewed the copyright laws all the Members of the African Regional Intellectual Property Organization (ARIPO) and the WIPO Group of Latin American and Caribbean Countries (GRULAC) – a total of 38 countries.
On December 2, Wits University hosted a Copyright Indaba where IP experts, academics, authors, creators and other stakeholders debated the issues around the constitutionality of the Copyright Amendment Bill. ReCreate South Africa has posted the following videos of the event.
The USTR has announced that its next GSP review hearing will include consideration of the complaint by the IIPA alleging that South Africa’s adoption of a US style fair use right would violate the adequate and effective intellectual property requirement for GSP (19 U.S.C. 2462(c)(5)) primarily due to passage (but not yet signed into law) Copyright Amendment Act.
Join us at an Indaba where IP experts, academics, authors, creators and other stakeholders will debate the issue around the constitutionality of the Copyright Amendment Bill.
The Karisma Foundation, hosts of the 2020 Global Congress on Intellectual Property in the Public Interest, has announced the dates: August 13-15, 2020. The Congress will be held at the Hilton Hotel, El Laguito, in Cartagena, Colombia.
The Library Copyright Alliance, which consists of three major library associations in the United States, writes to respond to some of the complaints made by the International Intellectual Property Alliance (“IIPA”) to the U.S. Trade Representative concerning the Copyright Amendment Bill.
The U.S. Trade Representative (USTR) has announced an upcoming review of South Africa's eligibility for trade benefits under the General System of Preferences (GSP), a system which allows duty-free imports from developing countries that meet certain criteria. According to the announcement, USTR "is accepting a petition from the International Intellectual Property Alliance based on concerns with South Africa’s compliance with the GSP IP criterion, in the area of copyright protection and enforcement." It will publish a Federal Register Notice requesting comments and announcing the dates of a public hearing.
The current Copyright Act has no provisions for libraries, archives, galleries and museums. As an afterthought, limited provisions were included in Section 13 regulations for libraries and archives. Digitisation is the main form of preserving material in the 21st century. Yet the country’s copyright law doesn’t permit it. This causes serious problems for libraries, archives, museums and galleries. They are currently unable to digitise any of their works without first having to get copyright permission, and to pay high copyright fees.
PIJIP, in its role as chair of the Global Expert Network on Copyright User Rights, will sponsor two events in Brazil to discuss how copyright can promote rights to access educational and research materials. The meetings are being planned at a time when these issues are being discussed in an agenda item of the World Intellectual Property Organization Standing Committee on Copyright and Related Rights. Brazil has also announced a copyright reform process. Details on the meetings, each of which is open to the public, are detailed below.
The 39th Standing Committee on Copyright and Related Rights (SCCR) of the World Intellectual Property Organization (WIPO) concluded with measured progress on the agenda to discuss international instruments on limitations and exceptions amid increasing controversy over the management of the Committee.