[A2k] Proposal by Ecuador, Peru and Uruguay to WIPO: Limitations and Exceptions Regarding Education

Thirukumaran Balasubramaniam thiru at keionline.org
Wed Jul 18 01:48:43 PDT 2012


http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=211042

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Annex 1:

PROPOSED TEXTS
OBLIGATION TO UPDATE AND EXPAND EXCEPTIONS FOR EDUCATIONAL
PURPOSES, IN PARTICULAR IN THE DIGITAL ENVIRONMENT
ARTICLE 1
Contracting Parties shall update, carry forward and appropriately extend into the digital
environment limitations and exceptions in their national laws which have been
considered acceptable under the Berne Convention, specially under article 10.1 and
10.2, and devise new exceptions and limitations that are appropriate in the digital
network environment to protect educational and research activities.

INTERPRETATION OF THE THREE-STEP TEXT
ARTICLE 2
When applying either Article 9.2 Berne, 13 TRIPS, 10 WCT, or similar provision in any
other multilateral treaty, nothing prevent contracting parties to interpret the three-step
test in a manner that respects the legitimate interests, including of third parties,
deriving from educational and research needs, and other human rights and
fundamental freedoms; and other public interests, such as the need to achieve
scientific progress and cultural, educational, social, or economic development,
protection of competition and secondary markets.
[


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Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)

thiru at keionline.org



Tel: +41 22 791 6727
Mobile: +41 76 508 0997










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