Copyright and Related Rights: Creating Intellectual Capital for

Economic Growth and Development: Striking a balance between IP and

Public Policy Issues Dr Susan Isiko Štrba

Presented at the National IP Meeting, 17- 18 October 2013 (Organized by WIPO and the Government of Malawi)

Outline

• Promoting the copyright Industry in developing countries

• Balance between effective protection and lager public interest

• Some policy considerations

• Conclusions

Promoting the copyright Industry in developing countries

• The copyright industry at a glance

– Authors, publishers and book trade in developing countries

– Trade in cultural goods

– Contribution to the economy

• Conducive copyright law and environment

• But need a balance

Balance between effective protection and larger public interest

• Why need to balance

– IP is one tool for economic growth and development

• Level of development

• Need human capacity to innovate/create for development

– Creators are users of IP

– Need access for development

• Private rights v public interest

Balance (2)

• Selected key areas

– Education

– Research

– Libraries and archives

– Information Communications Technology (ICT)

– Special needs

Balance (3)

• Options for balancing

– Use of flexibilities or limitations and exceptions

• In Berne Convention, TRIPS, etc

– Other

• Insufficiency of limitations and exceptions

• Need combination of IP and other solutions

– specific examples

Balance (3) – flexibilities for education and research

• Type of access for education – Access to learning and teaching material for development

• Minimum vs effective education

– Distance education – Quality education

• Research – Research for development

• Available flexibilities – Quotation – Illustration – Fair use or dealing – Compulsory licencing (including outside Berne Appendix) – Parallel importation

Balance (4) – flexibilities for libraries and archives

• Selected flexibilities

– Preservation

– Reproduction and safeguarding

– Library lending

– Parallel importation

• International exhaustion

– Technological protection measures

– Translation

Balance (5) – digital environment

• Access to ICT – Selected issues in the digital environment

– The WIPO internet treaties (WTC, WPPT) • Rights management information

• Technological protection measures

– Regulation of internet services • Policies for Libraries, educational and research institutions

• LDCs net users of ICT

• Protection of computer software (TRIPS) – exceptions

Balance (6) – persons with special needs

• National realities

• International solutions

– Treaty for blind, visually impaired or otherwise print disabled (Marrakesh Treaty)

– First international instrument focusing on access through L&Es in the digital environment

– National policies ahead of international

Balance (7) – other international trends

• Treaty on L&Es for educational and research institutions

• Treaty on L&Es for libraries and archives

• Transition period for LDCs

Policy considerations

• Broad use of flexibilities, at minimum cost

• Openness

– Software

– Educational resources

• Rethinking the framing

– Education and research as development issue

• Knowledge economy

• Social and developmental costs of uneducated citizenry

Policy Considerations (2)

• Capacity building

– Technology vs human capacity

• Illustration with ICT Centre and E-Learning Centre at Uni. Malawi, Zomba

– Different facets

– Use of policy space for capacity building

• Transition periods

• Flexibilities relating to technology

Conclusions

• Need to protect vs access in order to create

• Policy space available to allow access

• Used to build capacity to innovate and create, (and create more)

Thank you

Dr Susan Isiko Štrba

Consultant, Intellectual Property, Trade and Development

isikos@hotmail.com