Justicia Shipena
Namibia has called for the adoption of an international legal instrument on limitations and exceptions for libraries, research, museums, educational institutions, and archives described the issue as critically important to Africa.
Speaking in Geneva at the 66th Session of the World Intellectual Property Organisation (WIPO) General Assemblies, Namibian Ambassador to Switzerland Julia Imene-Chanduru said such an instrument would improve access to knowledge.
She added that it would support education and research and promote innovation, competition, and economic development in Africa and beyond.
Namibia is currently serving as the coordinator of the Africa Group for the first time, leading negotiations and representing the continent’s interests at the General Assemblies.
The call comes amid concerns raised last year by the Africa Group over the slow pace of action on copyright limitations and exceptions within the standing committee on copyright and related rights (SCCR).
The General Assemblies, WIPO’s highest decision-making body, reiterated these concerns during this year’s review of the SCCR.
The SCCR has included copyright limitations and exceptions on its agenda since 2006, leading to the 2013 Marrakesh Treaty, which facilitates access to published works for persons who are blind or otherwise print disabled.
Since 2012, the General Assembly has tasked the SCCR with working toward an international legal instrument, whether a treaty, model law, joint recommendation, or other form, on limitations and exceptions for libraries, archives, museums, educational and research institutions, and persons with other disabilities.
Progress stalled between 2018 and 2022 due to a lack of consensus on pursuing normative work.
The European Union opposed binding instruments during this period. However, the EU has since shifted its stance, now opposing only binding instruments, which has opened the door to drafting soft law documents such as a joint recommendation.
At SCCR 43, the Africa Group proposed that the SCCR return to drafting norms through a work programme focusing on “priority issues” that would outline “objectives, principles and options” for a possible instrument.
Namibia, which played a lead role in the negotiations of the recently concluded treaty on genetic resources and associated traditional knowledge, also expressed concern about the slow progress on copyright limitations and exceptions.
These issues have been before the SCCR for 20 years and have appeared on the agenda of every session for the past eight years.
Namibia supported the call from other member states to resume holding two sessions of the SCCR per year to speed up deliberations and develop a balanced copyright framework that protects private rights while serving public interests.
At this week’s assembly, Imene-Chanduru reaffirmed the Africa Group’s commitment to the WIPO development agenda and to using intellectual property to support the socio-economic development of African countries.
She welcomed the Development Acceleration Fund, which supports WIPO’s development-orientated initiatives.
Namibia’s national intellectual property authority, known as the Business and Intellectual Property Authority (BIPA), also supports this initiative.
Imene-Chanduru commended WIPO’s technical support to African countries but said the assistance must be demand-driven, transparent, and aligned with national development strategies.
The WIPO General Assemblies opened on Tuesday in Geneva, with more than 100 states in attendance.
