Opening Comments by India on Limitations and Exceptions for Libraries and Archives at WIPO SCCR 28

Hon'ble Chair

In the quest for Knowledge society-for the developing countries- the issue of haves and have -not’s is now sliced with an additional divide of knows and Know -not’s. Libraries and Archives are the engines of creativity and promote intergeneration equity. They indeed are the modern day temples, mosques and churches- The notion of strong   copyright  boundaries has found its resonance to encircle spaces hitherto providing the socio economic infrastructure for developing nations. It is in this context that we need to look for appropriate international instrument to consolidate the access by way of limitations and exceptions to libraries, archives, educational institutions and other disabled people.

The overemphasis of stricter and stronger copyright as the engine of creativity is now questioned by latest studies. Ekhard Höffner a German historian has in his comprehensive research argues  the fact that  in the 19th century Germany outpaced UK, as the copyright laws were not strong as it was in UK. This fact goes contrary to the established view that Copyright is directly correlated to the expansion of creative works and publication. In fact Germany could do the catch up with the other powers in Europe.

I am mentioning this to emphasize for the developing world to do the catch up it is necessary to have limitations and exceptions for Libraries/archives/educational institutions. At this junction it is necessary to recognize the importance of such consensus without presuming whether what sort of International Instrument it should be.

India supports the effort of harmonizing the exceptions and limitations from an international dimension for intergenerational equity and as a tool to develope socio-economic- human resource infrastructure.