ECOWAS/ENDA/QUNO Dialogue SALY(DAKAR) Senegal May 30-31 2007 DEVELOPING A POSITIVE AGENDA ON COPYRIGHT ISSUES FOR THE ECOWAS FOR EPA NEGOTIATIONS ECOWAS/ENDA/QUNO Dialogue SALY(DAKAR) Senegal May 30-31 2007 Marisella Ouma ICTSD/QUNO/ENDA 07/12/2018

Summary Introduction Copyright Protection in ECOWAS Exceptions and Limitations Digital copyright Enforcement Potential effects of TPMS Protections of Non original databases Traditional designs and folklore A positive agenda for ECOWAS Marisella Ouma ICTSD/QUNO/ENDA 07/12/2018

Negotiating EPAs EU, US negotiating EPAs with Economic Blocs Include Chapter on Intellectual Property TRIPS plus provisions - Protection of non original databases - Address the issues raised in the digital environment - Exceptions and limitations - Enforcement of intellectual Property Rights Marisella Ouma ICTSD/QUNO/ENDA 07/12/2018

Copyright Protection in the ECOWAS Berne Convention TRIPs Agreement WCT and WPPT Regional regimes Marisella Ouma ICTSD/QUNO/ENDA 07/12/2018

Exceptions and Limitations “ ……Consideration also has to be given to the fact that limitations on absolute protection are dictated, rightly, in my opinion, by the public interest. The ever growing need for mass instruction could never be met if there were no reservation of certain reproduction facilities, which at the same time should not degenerate into abuses……”Numa Droz chairman 1884 Berne conference Marisella Ouma ICTSD/QUNO/ENDA 07/12/2018

Public Interest What is meant by public interest Does access to information constitute public interest When does the public interest over ride the legitimate interests of the rights holder Marisella Ouma ICTSD/QUNO/ENDA 07/12/2018

3 Step Test Need to balance the interests of the rights holders and the users 3 step test - It is limited to special cases - It does not conflict with the normal exploitation of the work   - it does not unreasonably prejudice the legitimate interests of the rights holder. Marisella Ouma ICTSD/QUNO/ENDA 07/12/2018

ECOWAS Several Countries grant fairly narrow limitation See Copyright Act of Ghana, Senegal Marisella Ouma ICTSD/QUNO/ENDA 07/12/2018

Berne Appendix Negotiated by developing countries Strong copyright protection would limit access to information for educational purposes Then relied heavily on copyright material from outside the continent Marisella Ouma ICTSD/QUNO/ENDA 07/12/2018

Berne Appendix Allow for the translation and reproduction of works for educational purposes Limited circumstances Waiting period The developing country must have a competent authority Translation restricted for systemic purposes Marisella Ouma ICTSD/QUNO/ENDA 07/12/2018

Digital Copyright WPPT and WCT Expansion of the scope of rights granted Limitations and exceptions (Agreed Statement to Article 10 WCT free to provide more limitations and exceptions in the digital environment subject to 3 step test) Marisella Ouma ICTSD/QUNO/ENDA 07/12/2018

Enforcement Use of TPMs Capacity of the ECOWAS to enforce Extent of digitisation The existing legal framework Chapter should allow for access Marisella Ouma ICTSD/QUNO/ENDA 07/12/2018

Potential Effects of TPMs The TPMs are likely to lock in works It would limit the dissemination of information across the digital environment It is likely to make access to such information more restricted and in some cases more expensive Marisella Ouma ICTSD/QUNO/ENDA 07/12/2018

Protection of Non Original Data bases The implications of including the protection of non original databases Protection should have exceptions and limitations The public interest Marisella Ouma ICTSD/QUNO/ENDA 07/12/2018

Traditional designs and Folklore Include protection of folklore and traditional designs Works derived from folklore Marisella Ouma ICTSD/QUNO/ENDA 07/12/2018

Developing a positive Agenda Ensure that the limitations and exceptions are broadly construed. The limitations and exceptions should take into account the educational needs of the country. Article 37 of the Copyright Act of Mali. Incorporate the provisions of the Berne Appendix Third Schedule of the Nigerian Copyright Act Marisella Ouma ICTSD/QUNO/ENDA 07/12/2018

Developing a Digital Agenda The public interest has to be taken into consideration. The availability of education and research material within the digital environment The shift to digital environment Limitations and exceptions to the use of TPMs Access to publicly funded information in the digital environment. The leeway granted by WCT and WPPT in the digital environment Marisella Ouma ICTSD/QUNO/ENDA 07/12/2018