Exceptions & Limitations and Access to Knowledge Hala Essalmawi Attorney at law & IPR officer...

Exceptions & Limitations and

Access to Knowledge

Hala EssalmawiAttorney at law & IPR officer

Bibliotheca Alexandrina

The Old Library of Alexandria

The Arab/Islamic Civilization

A number of distinct features of the modern library were introduced in the Islamic world, where libraries not only served as a collection of manuscripts as was the case in ancient libraries, but also as a public library and lending library, a centre for the instruction and spread of sciences and ideas, a place for meetings and discussions, ….. The concept of the library catalogue was also introduced in medieval Islamic libraries, where books were organized into specific genres and categories.

Micheau, Francoise, "The Scientific Institutions in the Medieval Near East", in (Morelon & Rashed 1996)

Access and Restrictions

• Access to Knowledge Civilization

• Restrictions Decline

The Genesis of IP Laws

Ex oriente lux, ex occidente lex.(From the East came the light, from the West law.)

George Sarton ,The Life of Science. Henry Schuman, New York.

Access to Knowledge

Access to Knowledge issues gained

momentum during the past few years. Hence,

“Access” issue has became a pressing item on

the agenda of many states and stakeholders

both in developing and developed countries.

A step Before A2K

• Difficulties facing developing countries to “Access”

• Do they have the infrastructure to “Access” the printed and digital resources

Access and Disseminate Knowledge

Options: Exceptions & Limitations (E&L)

Alternatives: e.g. FOSS & CC

E&L in International Conventions

- The Berne Convention (1886)

- The TRIPS Agreement (1994)

- WIPO Copyright Treaty (1996)

Temporal Limitation

The term of Protection:-Copyright Protection is limited in time.

- International standard: Life of the Author + 50 years. (BERNE & TRIPS)

Free Uses

- Certain acts may, in circumstances specified in the law, be done without the authorization of the copyright owner- Examples:

reproduction of a work exclusively for the personal and private use

making quotations from a protected work (provided that the source of the quotation is mentioned and that the extent of the quotation is compatible with fair practice)

Compulsory License

The Paris Appendix (1971) of the Berne Convention permits developing countries to issue compulsory licenses for the reproduction of copyrighted material “for use in relation to certain systematic instructional activities” and for the translation of copyrighted material into a language of general use in the authorizing country.

Article 13 of TRIPS (Article 9 (2) of Berne)

“Members shall confine limitations or

exceptions to exclusive rights to certain special

cases which do not conflict with a normal

exploitation of the work and do not

unreasonably prejudice the legitimate interests

of the right holder”

WIPO Copyright Treaty

WIPO Copyright Treaty

• Extends E & L into the Digital Environment (Article 10)

Recent Developments the Global Level

• Development Agenda in WIPO 2004

(the 45 Recommendations on 2007)

• Chile’s proposal on E and L at WIPO’s Standing

Committee on Copyright 2005

• Many studies in E & L (WIPO studies)

WIPO Director General opening statementAssemblies of the Member States of WIPO, Gen. 22 Sep. 2009

“The question is not so much the objective of the system, but the means of achieving that objective amid the convergence of the digital environment. The evidence suggests that the current means are suffering severe stress. In the case of music, for example, according to industry estimations, 40 billion files of music were illegally file-shared on the Internet in 2008, a piracy rate of 95%.”

An Upside to Copyright Infringement

Valuable business outcomes may be achieved as a result of the infringement:

1. The distribution of material on YouTube from the late-night variety show “Jimmy Kimmel Live” garnered millions of views of posted content, and following some posts, increased viewership of “Jimmy Kimmel Live” on ABC by as much as 15 to 20%.

2. At the end of March 2009, Walt Disney’s television division announced it had developed plans to distribute content on YouTube.

3. Copyright holders may find that they can transform the infringement into opportunities they would never have otherwise envisioned.

Source: http://www.micronomics.com/articles/intellectualproperty_5.pdf

Alternatives

This is why beside the E&L we need to promote

and encourage the New tools to Access and

disseminate Knowledge.

Source: http://wiki.creativecommons.org/Metrics, content on this site is licensed under a CC attribution 3.0 License

Approximate Minimum Total CC Licensed Works as of July 2008:~130milion

http://wiki.creativecommons.org/Image:Metrics_Updated.png

http://creativecommons.org/licenses/by/3.0/

Approximate Minimum Total CC Licensed Works as of July 2009: ~250 million

Source: http://wiki.creativecommons.org/Metrics, content on this site is licensed under a CC attribution 3.0 License

http://wiki.creativecommons.org/File:Metrics_Updated.png

http://creativecommons.org/licenses/by/3.0/

Final Remarks

Recommendations:

Awareness, have a comprehensive policy for Education and Libraries to promote A2K

BA A2K project Activities:

Seminars, workshops, publications, translated materials, etc….. www.bibalex.org

http://www.bibalex.org/

Alexandria A2K Seminar

New Tools for the

Dissemination of Knowledge

and Promotion of Innovation

and Creativity 6-8 Sep.06 Objectives Recommendation Follow up

www.bibalex.org/a2k

Intellectual Property And New Tools For The Dissemination Of Knowledge

Patent: Impact on Developing Countries

Intellectual Property and The Digital Age

[email protected]/a2k

Thank you!

Exceptions & Limitations and Access to Knowledge Hala Essalmawi Attorney at law & IPR officer...

Documents

Transcript of Exceptions & Limitations and Access to Knowledge Hala Essalmawi Attorney at law & IPR officer...