Position Statement by India on behalf of the Asia and the Pacific Group on Exceptions and Limitations at the 33rd session of the Standing Committee Copyright and Related Rights at WIPO on 17 November 2016, delivered by Dr.Sumit Seth, First Secretary (Economic Affairs)

Thank you Mr. Vice Chair

India has the honour to deliver this position statement on behalf of the Asia Pacific Group.

At the outset Asia Pacific Group would like to place on record its sincere appreciation for Professor Seng from Singapore for his detailed study on Exceptions and Limitations for Educational Activities

Limitations and exceptions are essential requisites for all norm setting exercises and understandings in national and international fora. These provisions are vital for achieving the desired balance between interests of the right holders and public welfare in scientific, cultural, and social progress especially in developing and least developed countries. This balance of interests is reflected in Art 7 of TRIPS which stresses "the need to maintain a balance between the rights of authors and the larger public interest, particularly education, research and access to information".

Libraries and archives are two vital institutions of society, mostly operating on a non-commercial basis. In most developing and least developed countries they are often the predominant, if not the only source of material for students and academics.

In factpeople in all countries irrespective of their level of development have benefited from exceptions and limitations for libraries and archives. An agreement on exceptions and limitations for libraries and archives would allow these benefits to be extrapolated for the good of all mankind instead of restricting them to individual countries.

Such anagreement would require uniformity and balance at a national level including the harmonization of domestic laws and policies which would also contribute to safeguarding and promoting the legitimate interest of all stakeholders. We also support sharing national experience of the Member States.

Members of the group also wish to reiterate their previous proposal of appointing afacilitator or "friend" of the Chair like other WIPO Committees, who could take this process forward in an intensive and focussed manner.

Thank you Mr. Vice Chair