Tuesday, September 12, 2006

South Africa's comments on L&E, scope, and TPMs

by Thiru Balasubramaniam
12 September 2006

At the 15th Session of the WIPO Standing Committe on Copyright and Related Rights (SCCR), the delegation of South Africa made perspicacious remarks on the scope of definition, simulcasting, limitations and exceptions and technological protection measures (TPMs).

South Africa concurred with the intervention of Indian delegate who articulated that the Committee clearly define the nature of the term "broadcast".

South Africa highlighted the intervention of the Islamic Republic of Iran which called for a cleansing of the terms "by any means" and "over computer networks" from the draft basic proposal.

With respect to limitations and exceptions, South Africa expressed support of Brazil's call for the "desirability of delineating exceptions and limitations". South Africa noted that the list of limitations and exceptions include a personal use exception and reminded the Committee of the need to preserve freedom of speech and enlightened values.

On the question of technological protection measures, South Africa called for a careful approach that did not curtail Member States' ability to regulate anti-competitive practices. Finally, South Africa called upon WIPO to conduct a study of best practices on the enforcement of TPMs.

*(Thanks to Gwen Hinze of the Electronic Frontier Foundation for input)


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