Statement by India on Exceptions and Limitations for libraries and archives during the 30th session of the Standing Committee on Copyright and Related Rights, delivered by Dr. Sumit Seth, First Secretary ( Economic ) on 1 July 2015.

Thank you Chair

I've the honour to put forward India's views on this important issue.

The deliberations on the exceptions and limitations for libraries and archives are of crucial importance to India. Knowledge creation is at unprecedented phase and yet access to the knowledge is far behind in many jurisdictions. In addition there is an ever increasing trend of digitization of information, which brings its own challenges such as the need for a bigger infrastructure to store and disseminate information. In this context, libraries and archives act as a  balancing forces for increased access.

It is imperative to consolidate and strengthen such balance between ownership and access which has been reiterated in Art 7 of TRIPS and I quote   “the protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.”

The Kenneth Cruz studies and its deliberation brought forth the diverse approaches in national legislation including that of absence of limitations and exceptions in many jurisdictions.

Added to that is the complexity of digital form of information with cross border implications. This brings us to urgent necessity of an international instrument to work for a more vibrant limitations and exceptions.

The work of African group, Brazil, Ecuador,  Uruguay  and India in the past meetings to get more aligned document on the 11 issues for an equitable balance relating to limitations and exceptions.

This needs to be built upon for a consensus among the members. There are suggestions to stop with exchange of good practices short of a legal instrument. We urge that if the purpose is that of equitable and affordable access the best way is that of legal instrument and exchange of good practices does not bring the necessary urgency to this subject.

It is the duty of members of developed world to come forward to actualize this as was done with a universal spirit in the case of Marakkesh Treaty.  We do hope that the members will move forward to a positive road for text-based approach, keeping the reservations to be deliberated for resolving them.

Thank you.