Exceptions and Limitations to Copyright
Statement by India on Exceptions and
Limitations for libraries and archives during the 30th session of the Standing
Committee on Copyright and Related Rights, delivered by Dr. Sumit Seth, First
Secretary ( Economic ) on 1 July 2015.
Thank you
Chair
I've the
honour to put forward India's views on this important issue.
The
deliberations on the exceptions and limitations for libraries and archives are
of crucial importance to India. Knowledge creation is at unprecedented phase
and yet access to the knowledge is far behind in many jurisdictions. In
addition there is an ever increasing trend of digitization of information,
which brings its own challenges such as the need for a bigger infrastructure to
store and disseminate information. In this context, libraries and archives act
as a balancing forces for increased access.
It is
imperative to consolidate and strengthen such balance between ownership and
access which has been reiterated in Art 7 of TRIPS and I quote “the
protection and enforcement of intellectual property rights should contribute to
the promotion of technological innovation and to the transfer and dissemination
of technology, to the mutual advantage of producers and users of
technological knowledge and in a manner conducive to social and economic
welfare, and to a balance of rights and obligations.”
The Kenneth
Cruz studies and its deliberation brought forth the diverse approaches in
national legislation including that of absence of limitations and exceptions in
many jurisdictions.
Added to
that is the complexity of digital form of information with cross border
implications. This brings us to urgent necessity of an international instrument
to work for a more vibrant limitations and exceptions.
The work of
African group, Brazil, Ecuador, Uruguay and India in the past
meetings to get more aligned document on the 11 issues for an equitable balance
relating to limitations and exceptions.
This needs
to be built upon for a consensus among the members. There are suggestions to
stop with exchange of good practices short of a legal instrument. We urge that
if the purpose is that of equitable and affordable access the best way is that
of legal instrument and exchange of good practices does not bring the necessary
urgency to this subject.
It is the
duty of members of developed world to come forward to actualize this as was
done with a universal spirit in the case of Marakkesh Treaty. We do hope
that the members will move forward to a positive road for text-based approach,
keeping the reservations to be deliberated for resolving them.
Thank you.
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