1. 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
Marisella Ouma ICTSD/QUNO/ENDA
07/12/2018

2. 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

3. 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

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

5. 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

6. 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

7. 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

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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

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

16. 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

17. 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