Standing Committee on Copyright and Related Rights (SCCR)
Balancing the Global Copyright System in the Public Interest: An Analysis of the African Group’s Proposed Instrument on Limitations and Exceptions
South Centre and Centre on Knowledge Governance Working Paper, 1 December 2025
By Faith O. Majekolagbe
The establishment of an international instrument on copyright limitations and exceptions (L&Es) is essential to achieve an appropriate balance between exclusive rights and the overarching public interest in access to copyrighted works and related subject matter. Current international copyright instruments, including the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled, fail to adequately address L&Es for education, research, equitable access for persons with disabilities, and the operations of educational, research, and cultural heritage institutions such as libraries, archives, and museums. The proposed instrument on L&Es by the African Group seeks to establish mandatory minimum L&Es to support education, research, and access to information within the international copyright system, thereby promoting global harmonization and ensuring that copyright law supports, not impedes, development objectives and compliance with human rights obligations. This working paper offers a thorough analysis of the proposed instrument, examining its substantive provisions and potential benefits.
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Building Up a Balanced Global Intellectual Property System: Report of the WIPO Assemblies’ Sixty-sixth Series of Meetings
Health, Intellectual Property and Biodiversity Programme, South Centre
This report reviews the key discussions and outcomes of the 66th Series of Meetings of the World Intellectual Property Organization (WIPO) Assemblies held in July 2025. The Assemblies addressed important governance, oversight, and norm-setting issues. Key developments included the launch of the process to appoint a new Director General, decisions on committee compositions and approval of the 2026/27 Program and Budget. Developing countries advocated for more inclusive participation in governance, balanced priority setting on norm-setting work, and stronger implementation of the Development Agenda.
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South Centre Statement to the 64th WIPO General Assembly (2023)
The South Centre, the intergovernmental organization of developing countries, actively promotes balancing public and private interests in the IP system. In accordance with the mandate of the 2007 Development Agenda (DA) and the Sustainable Development Goals (SDGs), which WIPO as a UN specialized agency must contribute to, development, sustainability and human rights should be at the core of WIPO’s activities. WIPO should remain a Member State-driven, development-oriented organization.
The South Centre remains available to all developing countries’ delegations to provide further information and support on these matters, during and after the Assemblies.
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Broadcasting treaty – South Centre statement at SCCR 43
“We note with concern that the proposed text expands beyond the agreed mandate, under the approach of expanding exclusive rights to broadcasters with narrow limitations and exceptions (L&Es)…”
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South Centre General Statement on L&Es to SCCR 43
13-17 March 2023
The copyright system must be truly balanced. It means it should enable public interest purposes, particularly access to knowledge and education, a fair reward for creators, and real incentives – and not barriers – for creativity and research…
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