On Thursday afternoon, 11 December 2014, Bangladesh delivered the following powerful intervention on behalf of the Asia and the Pacific Group on limitations and exceptions for libraries and archives. This group includes nations such as Bangladesh, Iran, India, Pakistan, Malaysia, Singapore, South Korea and Thailand. The Asia and Pacific Group stressed that copyright limitations and exceptions were assured to developing countries and LDCs to ensure a more balanced and efficient international copyright system anchored in Article 7 of the WTO TRIPS Agreement,
This balance of interests is also secured in Art. 7 of TRIPS agreement which reads, “the protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.”
Bangladesh reminded the Committee of the Asia and the Pacific Group’s proposal to “appoint a facilitator or friends of chair like other WIPO Committees to shape up the text at hand into a full-fledged working text.” On the subject of libraries and archives, the Asia and the Pacific Group noted,
Every country, either developed or developing, domestically has benefitted immensely from the exceptions and limitations for libraries and archives. However, instead of keeping the benefits isolated to individual countries, an agreement on exceptions and limitations for libraries and archives would enable us to share the benefits for the common good of mankind. Such an agreement will require a degree of uniformity and balance at national level, including the harmonization of domestic laws and policies.
Here follows the statement in full.
Asia and the Pacific Group Statement on Ex. and Lim. for libraries and archives, Agenda Item 6Mr. Chairman,
I am taking the floor on behalf of the Asia and the Pacific Group.
Mr. Chairman,
We welcome the offer of the new DDG to continue the work of WIPO on the exceptions and limitations for the libraries and the archives. The exceptions and limitations for libraries and archives are crucial for the Members of our group. The limitations and exceptions are integral parts of all norm-setting exercises and understandings in different national and international fora. These provisions are assured to the developing countries and the LDCs for a more balanced and efficient international copyright system and for the benefit of right holders as well as for the society as a whole. This balance of interests is also secured in Art. 7 of TRIPS agreement which reads, “the protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.” We, in principle, recognize the importance of respecting the benefit of right holders in a balanced manner and this balance of interests requires a consideration of the interests of rights holders in the context of the rights of the public at large.
Mr. Chairman,
Every country, either developed or developing, domestically has benefitted immensely from the exceptions and limitations for libraries and archives. However, instead of keeping the benefits isolated to individual countries, an agreement on exceptions and limitations for libraries and archives would enable us to share the benefits for the common good of mankind. Such an agreement will require a degree of uniformity and balance at national level, including the harmonization of domestic laws and policies. Needless to say, this approach should take care of the legitimate interests of all the stakeholders. We thank all the Members of WIPO and different organizations that contributed to develop and enrich the current working document. To this effect, Mr. Chairman, our group had previously proposed appointing a facilitator or friends of chair like other WIPO Committees to shape up the text at hand into a full-fledged working text.
Mr. Chairman,
Libraries and archives are two vital institutions of our society which mostly operate on non-commercial basis. But their contribution to our history, culture and heritage cannot be measured by any account. So, we do not see any reason for which we would deny exceptions and limitation to these central institutions of our life. Our Group would count on the understanding of all the Members in this regard.
Thank you Mr. Chairman