[A2k] FGV statement at WIPO SCCR, 27 May 2009

[Pedro Paranaguá]

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[ Picked text/plain from multipart/alternative ]
Statement by the Centre for Technology and Society at Fundação Getulio
Vargas (FGV) School of Law in Rio de Janeiro – Standing Committee on
Copyright and Related Rights (SCCR), WIPO


 Geneva, 25-29 May 2009


 Dear Mister Chairman,


 Congratulations on your re-election.


 I speak on behalf of the Centre for Technology and Society (CTS) at
Fundação Getulio Vargas (FGV), School of Law in Rio de Janeiro, Brazil,
considered by the US magazine Foreign Policy as a top-5 "policymaker
think-tank" worldwide.


 The current SCCR meeting is supposed to address some highly important
issues connected to the public interest. The first one relates to the
proposal of a treaty that would fulfill the legal and moral obligations to
guarantee equal access to knowledge to the blind, visually impaired and
other print disabled persons.


 We strongly support the proposal officially tabled by Brazil, Ecuador and
Paraguay (SCCR/18/5) with a focus on implementing mandatory minimum
standards (SCCR/16/2) on broad exceptions and limitations for copyrighted
materials in order to strike a balance between the incentive for creation
and protection of works, at one side, and broad access to knowledge, at the
other. We fully support all countries, developing and developed, that
understand that implementing a flexible umbrella instrument with the
objective of promoting broader access to knowledge to all through exceptions
and limitations is the right way forward.


 As our studies, research and experience demonstrate, several developing and
least developed countries lack the expertise and needed knowledge for
implementation, or are under strong pressure by industry lobbying not to
implement meaningful exceptions and limitations provisions into their
national legislations.


 Therefore, and taking into consideration the adoption of the WIPO
Development Agenda, the time is now urgent for Member States to achieve a
moral and legal binding agreement for providing a balanced approach for all.



 FGV understands that a framework instrument may be the best option at this
moment. General declarations on exceptions and limitations may be adopted by
the Member States in this body in order to draw a starting point to the
issue. Once this framework is agreed upon and adopted, further discussions
should follow to adopt annexes on various topics, such as (i) exceptions and
limitations for blind, visually impaired and print disabled persons, (ii)
exceptions and limitations for educational purposes, including distance
learning, (iii) exceptions and limitations for libraries and archives, (iv)
exceptions and limitations for private non-commercial use, and so on.

 This is not just a legal issue, it is a social and moral concern for all
persons and countries.


 Thank you Mister Chairman and Member States.