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 andSociety, India.

The Proposal by the African Group for a Draft work programon Exceptions and Limitations has the potential to address issues faced in thedomains of access to information, culture and education, keeping in mind thatthere 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 inboth 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 accessingresearch, especially journal articles during the pandemic.In the same vein, a study by the Confederation of OpenAccess Repositories found that copyright and licensing were an impediment to discovery of, and access to, COVID-19 research outputs, inhibiting researchcollaborations.

At WIPO, in the past few years, numerous exercises such as actionplans and regional seminars implemented by this committee recognisedlimitations and exceptions for education and research as a priority. Digital Preservation emerged as a consensual solution thatcould be acted on – as identified in the regional seminar report as well.

We believe that the Proposal by the African Group for aDraft work program on Exceptions and Limitations effectively prioritises theseactionable aspects without prejudging the outcome of the negotiations on thelimitations and exceptions agenda. Hence, we look forward to member statesmaking progress by constructively considering and acting on the way forwardlaid in the Proposal.

Thank you.