WIPO SCCR 42: Statement by CIS on the Limitations and Exceptions Agenda Item

Thank you, Mr. Chair.

I’m speaking on behalf of the Centre for Internet and Society, India.

The Proposal by the African Group for a Draft work program on Exceptions and Limitations has the potential to address issues faced in the domains of access to information, culture and education, keeping in mind that there have been systemic shifts in the knowledge ecosystem since pandemic, which will endure in the long term as well.

In India, researchers at public and private institutions in both in science and social science disciplines over the period of 2020-2021, submitted to a court of law that they faced serious challenges in remotely accessing research, especially journal articles during the pandemic.In the same vein, a study by the Confederation of Open Access Repositories found that copyright and licensing were an impediment to discovery of, and access to, COVID-19 research outputs, inhibiting research collaborations.

At WIPO, in the past few years, numerous exercises such as action plans and regional seminars implemented by this committee recognised limitations and exceptions for education and research as a priority. Digital Preservation emerged as a consensual solution that could be acted on - as identified in the regional seminar report as well.

We believe that the Proposal by the African Group for a Draft work program on Exceptions and Limitations effectively prioritises these actionable aspects without prejudging the outcome of the negotiations on the limitations and exceptions agenda. Hence, we look forward to member states making progress by constructively considering and acting on the way forward laid in the Proposal.

Thank you.