[A2k] SCCR33: Statement of Asia and the Pacific Group on Copyright Exceptions and Limitations

Thiru Balasubramaniam thiru at keionline.org
Thu Nov 17 05:36:21 PST 2016


Position Statement by India on behalf of the Asia and the Pacific
Group on Exceptions and Limitations at the 33rd session of the
Standing Committee Copyright and Related Rights at WIPO on 17 November
2016, delivered by Dr. Sumit Seth, First Secretary (Economic Affairs)

Thank you Mr. Vice Chair

India has the honour to deliver this position statement on behalf of
the Asia Pacific Group.

At the outset Asia Pacific Group would like to place on record its
sincere appreciation for Professor Seng from Singapore for his
detailed study on Exceptions and Limitations for Educational

Limitations and exceptions are essential requisites for all norm
setting exercises and understandings in national and international
fora. These provisions are vital for achieving the desired balance
between interests of the right holders and public welfare in
scientific, cultural, and social progress especially in developing and
least developed countries. This balance of interests is reflected in
Art 7 of TRIPS which stresses "the need to maintain a balance between
the rights of authors and the larger public interest, particularly
education, research and access to information".

Libraries and archives are two vital institutions of society, mostly
operating on a non-commercial basis. In most developing and least
developed countries they are often the predominant, if not the only
source of material for students and academics.

In fact people in all countries irrespective of their level of
development have benefited from exceptions and limitations for
libraries and archives. An agreement on exceptions and limitations for
libraries and archives would allow these benefits to be extrapolated
for the good of all mankind instead of restricting them to individual

Such an agreement would require uniformity and balance at a national
level including the harmonization of domestic laws and policies which
would also contribute to safeguarding and promoting the legitimate
interest of all stakeholders. We also support sharing national
experience of the Member States.

Members of the group also wish to reiterate their previous proposal of
appointing a facilitator or "friend" of the Chair like other WIPO
Committees, who could take this process forward in an intensive and
focused manner.

Thank you Mr. Vice Chair

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