South Africa’s opening statement to WIPO SCCR 20

SOUTH AFRICAN PERMANENT MISSION TO THE UNITED NATIONS AND
OTHER INTERNATIONAL ORGANISATIONS

OPENING STATEMENT

TWENTIETH SESSION
STANDING COMMITTEE ON COPYRIGHT AND RELATED RIGHTS
WORLD INTELLECTUAL PROPERTY ORGANISATION (WIPO)
21-25 JUNE 2010

Thank you Mr. Chairman

South Africa aligns itself with the statement made by the distinguished representative of Angola on behalf of the African Group.

Mr Chairman,

South Africa is encouraged by current discussions on the elaboration of the role that copyright and related rights can play in the economic development of Member States particularly developing countries. We hope that activities of the committee will continue contributing to the understanding of copyright and related rights in development.

Mr. Chairman,

South Africa continues to remain supportive to work towards the finalisation of the Treaty for Audiovisual Performances. We welcome the efforts of the WIPO Secretariat in holding consultations with Member States with the aim to reach compromise.

Concerning the outstanding matter of the Broadcasting treaty, South Africa remains open to the continuation of discussions on this matter noting our position to not look at signal piracy in isolation, but the socio-economic dimension to it as well, which is a critical factor in the developing countries. We remain hopeful that this will assist in mapping the way forward in respect of the scope, object and objectives of the treaty on the protection of the broadcasting organisation consonance with the General Assembly mandate. We note the Study on the Socioeconomic Dimension of the Unauthorized Use of Signals – Part II: Unauthorized Access to Broadcast Content – Cause and Effects: A Global Overview in document SCCR/20/2 REV. We will provide further detailed comments under the relevant agenda item.

Mr. Chairman,

South Africa remains of the view that discussions on exceptions and limitations be prioritised by this Committee and welcomes the ongoing work which has been undertaken by the Secretariat in regard to the matter of access for the visually impaired. It is important that further work pertaining to exceptions and limitations include minimum standards for intellectual property use in education and research, libraries and archives to ensure a comprehensive and balanced way forward. South Africa is a party to the United Nations Convention on the Rights of Persons with Disabilities and therefore we remain committed to implement our obligations laid out by the Convention. South Africa supports the work of the Stakeholder’s Platform and its continuation to report to the SCCR.

We reiterate that access to copyrighted works is crucial in the areas of education, research and archiving, as well as for the use of persons with disabilities. Access to such copyrighted works could lead to the realisation of the international development goals such as the Millennium Development Goals and Education for All. Therefore, the international community should strive to find a balance between copyrights holders and public interests. It is against this background that South Africa is of the firm view that the time has come for WIPO to undertake a norm setting exercise on limitations and exceptions in the area of copyright and related rights guided by Development Agenda.

We believe that all issues relating to limitations and exceptions should be approached in a holistic manner, mindful of the needs and priorities of different countries at different levels of development. We therefore support the proposal of the African Group, which is a good basis to initiate negotiations on exceptions and limitations to copyrighted works.

Mr Chairman

We are looking forward to fruitful discussions and successful conclusion of this session.
I thank you