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.
South Centre Supports Debates on Developments in Copyright Law and Access to Knowledge in Africa
By Vitor Ido
A conference “A Right to Research in Africa? A Week of Debates on Copyright and Access to Knowledge” took place on 23-27 January 2023 at the University of Pretoria and the University of Cape Town, South Africa. The gathering of scholars, artists, librarians, researchers and government officials had the objective to discuss the evolution of copyright law and the role of limitations and exceptions (L&Es) to advance research in Africa. The week of debates was co-organized by the South Centre, ReCreate South Africa, Program on Information Justice and Intellectual Property (PIJIP) – American University Washington College of Law, Electronic Information for Libraries (EIFL), the University of Pretoria – Future Africa, the University of Cape Town – IP Unit, the Centre for Intellectual Property and Information Technology Law (CIPIT) – Strathmore University, Wikimedia Foundation and Masakhane.
South Centre Repository of Copyright Limitations and Exceptions
The South Centre is launching a repository of materials on copyright limitations and exceptions (L&Es) for the benefit of the diplomatic community in Geneva and capital-based delegates, with a focus on multilateral negotiations at the World Intellectual Property Organization (WIPO) on this matter, and to support regional and national laws and policies. The South Centre is committed to promoting a public interest-oriented copyright system which enables access to knowledge and is conducive to research, education, preservation, and other public goals. Please feel free to suggest further materials for this repository to Dr. Vitor Ido, Programme Officer of the South Centre (email@example.com).
South Centre – African Union Workshop on WIPO Issues
13-14 December 2022 at the Montreux Room – Centre de Conférences de Varembé (CCV), Geneva
In light of the Recommendations of the AU/AG workshop of December 2019 and the latest developments at SCCR/42, the African Group Coordinator, the South Centre and the African Union Permanent Mission in Geneva proposed a preparatory coordination workshop.
The workshop is co-organized by the South Centre, the African Union Permanent Representation in Geneva and the Permanent Mission of Algeria in Geneva (Coordinator of the African Group for WIPO issues).
The world was unprepared prior to the Covid-19 crisis and remains so for new ones. The Covid-19 response was faulty. Covid-19 recovery has been slow and painful, in particular for developing countries. Read the South Centre opening statement at the WHO, WIPO & WTO Trilateral Symposium 2022: Lessons from Covid-19.
A Breakthrough in Negotiations on Intellectual Property, Protection of Genetic Resources and Traditional Knowledge in WIPO?
By Dr. Viviana Muñoz Tellez
This Policy Brief provides a brief summary of the current negotiations in the World Intellectual Property Organization (WIPO) for an international legal instrument or instruments relating to intellectual property to ensure the balanced and effective protection of genetic resources (GRs), associated traditional knowledge (TK) and traditional cultural expressions (TCEs). The General Assembly in June 2022 took a significant decision to schedule a Diplomatic Conference in 2024 to conclude a treaty on the protection of GRs and associated TK. However broader protection for TK and TCEs is not part of the decision. The 44th session of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), held on 12–16 September 2022, focused on advancing text-based negotiations on these issues and two more sessions will follow. Developing countries must coordinate closely, in parallel to the IGC sessions, to agree on a common negotiating position for the treaty to be concluded no later than in 2024.
Statement by the South Centre to the 2022 Assemblies of the Member States of WIPO
The South Centre is the intergovernmental organization of developing countries based in Geneva that supports developing countries’ efforts to build up a fair and inclusive multilateral system conducive to the achievement of the Sustainable Development Goals (SDGs). We are of the view that a central objective of World Intellectual Property Organization (WIPO) as part of the United Nations (UN) UN system should be to support the achievement of such goals through the promotion of a balanced international intellectual property (IP) system that reflects the interests of countries at different levels of economic and technological development, and in line with the WIPO Development Agenda.
South Centre/KEI/PIJIP Workshop on the L&E work programme and the WIPO broadcasting treaty
27 April 2022, 14:00-16:00 CEST
On Wednesday, 27 April 2022 from 14:00 CEST to 16:00 CEST, the South Centre, Knowledge Ecology International (KEI), and the Washington College of Law’s Program on Information Justice and Intellectual Property (PIJIP) will convene a workshop to prepare for the 42nd session of WIPO’s Standing Committee on Copyright and Related Rights. The workshop will address two themes: 1) Proposal by the African Group for a work programme on exceptions and limitations and 2) Appraising proposals for a WIPO broadcasting treaty in 2022 and its implications on access to culture and knowledge.
The Liability of Internet Service Providers for Copyright Infringement in Sri Lanka: A Comparative Analysis
By Ruwan Fernando
The exclusive rights enjoyed by a copyright owner to reproduce his protected work in any material form, including any permanent or temporary storage in electronic form will have a direct impact on the lawful activities of an internet service provider (ISP). Any transmission of temporary copies of material protected by copyright law by their subscribers or third parties using the networks provided by an ISP may amount to unauthorised reproduction of such protected material. The exclusive rights granted to a copyright owner may, thus, place an ISP in a difficult position that may seriously affect the legitimate services and facilities provided by an ISP such as transmitting, routing and storing of information on their networks. It would be impracticable however, to equate the position of a person who engages in traditional copyright infringement with that of an ISP who may merely provide access to the internet and various services to its subscribers facilitated by its networks.
The making of temporary copies exception was developed in the copyright law to safeguard the legitimate interests of an ISP, which may under certain conditions, exempt an ISP from liability for copyright infringement on the internet initiated by its subscribers or third parties by using the system provided by an ISP. There are laws in force in many countries to limit the liability of an ISP for the infringement of copyright that takes place on its networks. An ISP in Sri Lanka may not enjoy the same privilege for the infringement of unauthorised material initiated by its users or third parties on their networks. The current law is unlikely to provide adequate protection for the legitimate activities of ISPs in an attempt to minimize the vulnerability against copyright infringement claims.
South Centre Semester Report, July – December 2021
The South Centre undertakes policy-oriented research on issues, as defined in its Work Program (https://www.southcentre.int/work-program/), that are relevant to the achievement of the Sustainable Development Goals. It supports the countries of the South to effectively participate in negotiating processes in order to build up a multilateral system that supports and does not undermine development efforts. It also provides policy and technical advice and capacity building in support of countries and institutions of the South. Catalogues of the publications of the Centre can be found at https://www.southcentre.int/publications-catalogues/.
The South Centre expands its reach and impact by leveraging cooperation with other international organizations, research institutions, academia and civil society.
This Semester Report is an account of how the South Centre’s Secretariat has fulfilled the Centre’s mission through the different workstreams for the period July – December 2021.
Statement by the South Centre to the 2021 Assemblies of the Member States of WIPO
The South Centre is the intergovernmental think tank of developing countries based in Geneva. We are of the view that a central goal of WIPO as part of the UN system is to support the achievement of the Sustainable Development Goals. A balanced and flexible international intellectual property system, with adequate safeguards, can be supportive of the SDGs, as set by SDG 3b. Global supply and access to Covid-19 countermeasures can be accelerated with increased cooperation and removal of IP barriers. WIPO should support its Members to reach agreement on a temporary waiver of the TRIPS Agreement.