[A2k] IP - BENEFIT OR BURDEN FOR DEVELOPING COUNTRIES?

[James Love]

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From: "Matthew Rimmer" <rimmerm@law.anu.edu.au>
Date: January 18, 2007 5:25:59 PM EST
To: <love@cptech.org>
Cc: <Nicholson.D@Library.wits.ac.za>
Subject: Re: IP - BENEFIT OR BURDEN FOR DEVELOPING COUNTRIES?


Dear Jamie Love,

The South African librarian, Denise Nicholson, has this very
interesting, insightful piece on access to knowledge issues in South
Africa.

Nicholson, D. "Intellectual Property - Benefit or Burden for Africa?"
which was published recently in the IFLA Journal, Vol. 32, no. 4,2006
- see:  http://www.ifla.org/V/iflaj/IFLA-Journal-4-2006.pdf (page
310-324).

You might like to post it on your cptech a2k website, and circulate
it on your lists.

All the best,
Dr Matthew Rimmer
ANU College of Law
From: "Denise Nicholson" <Nicholson.D@Library.wits.ac.za>
Date: January 18, 2007 6:58:37 AM EST
To: "undisclosed-recipients:"@viruswall.wits.ac.za
Subject: Re: IP - BENEFIT OR BURDEN FOR DEVELOPING COUNTRIES?


Good day,

It is important for librarians, researchers,educators and persons
with sensory disabilities to be included in IP discussions and the IP
legislative process (particularly copyright) in their countries. It
is crucial that their important needs are addressed in national
copyright laws. To date, these stakeholders have been excluded from
copyright reviews in African countries and other developing
countries. As a result, the copyright laws are restrictive and have
even become barriers in many ways to accessing information and
exchanging knowledge (including cross-border exchanges).  For
example, some African countries have extended their copyright terms
for a further 20 years - far more than what is required of them in
international IP agreements. This shrinks the public domain, costs
far more in copyright fees and exacerbates the problems of accessing
and exchanging knowledge on the continent.

To highlight the above issues, I would like to share my paper with
you, entitled "Intellectual Property - Benefit or Burden for Africa?"
which was published recently in the IFLA Journal, Vol. 32, no. 4,2006
- see: http://www.ifla.org/V/iflaj/IFLA-Journal-4-2006.pdf (page
310-324).

African countries (and other developing and least developed
countries) need to adopt the limitations and exceptions, which are
allowed in international IP agreements , into their national laws, as
soon as possible.  For some information on these legal flexibilities,
see: the Commonwealth of Learning's Guideline Document on Copyright
Limitations and Exceptions, 2005 at http://www.col.org/colweb/site/
cache/offonce/pid/3977  (Click under "Download" on right-hand side of
webpage)

The eIFL Handbook on Copyright and Related Issues for Libraries also
has some very useful information and guidelines for libraries. http://
www.eifl.net/services/handbook.htm

I attach the Draft Programme for the Association for the Promotion of
IP in Africa's IP Summit which will be held in Cameroon, Africa, in
June 2007.  It is important that delegates discuss the above issues
at this conference. Unfortunately, the organizers have confirmed that
there is no sponsorship for delegates. The languages to be used at
the conference will be English and French. If you wish to attend this
conference, please contact Desire Lomou directly at asappiaaf@yahoo.fr

Regards
Denise

Denise Nicholson (Mrs)
Copyright Services Librarian
University of the Witwatersrand, The Library
1 Jan Smuts Ave., Johannesburg, 2001, South Africa
Private Bag X1, WITS, 2050, South Africa
Tel. No. +27 11 717 1929; Fax No. +27 11 403-1421
Email : Nicholson.D@library.wits.ac.za
website : www.wits.ac.za/library/services/copyright