Statement by India

on limitations and exceptions at the 35th session of the Standing Committee on Copyright and Related Rights delivered by Shri Sushil K. Satpute, Director DIPP, Ministry of Commerce & Industry at the World Intellectual Property Organisation on 15 November 2017.

Thank you Mr. Chair:

At the outset, India would like to align itself with the statement made by Indonesia on behalf of the Asia and the Pacific Group.

The limitations and exceptions for libraries and archives and for educational and research institutions and for persons with other disabilities are of great significance to India as the protection to intellectual property rights is crucial for the right holders and at the same time IPRs are seen as drivers of access to knowledge worldwide.

India supports the promotion of a balanced copyright regime that allows creators to earn a fair remuneration for their work at the same time ensuring that everyone, regardless of their resources or background, can learn, create and innovate.

It is necessary that every Member State benefits from the Limitations & Exceptions to copyright necessary for libraries and archives to optimise their operations. We believe that these provisions cannot be hollowed out merely by contract terms or the use of technological protection measures. Attainment of Right to Education and access to knowledge should be the guiding principles for our work on Exception and Limitations.

It is also necessary to facilitate the libraries and archives to work internationally, in the interest of international research and cultural heritage. The informal chart prepared by the committee on limitations and exceptions for libraries and archives as well as for educational institutions needs our careful attention.

My delegation would like to thank Prof. Crews, Mr. Reid and Ms Ncube for the updated and revised study on copyright limitations and exceptions for libraries and archives as well as the scoping study on access to copyright protected works by persons with disabilities. We also look forward to hearing the presentations by Mr. Muller on the exceptions and limitations for museums.

We acknowledge the progress made on the discussion on all topics on the exceptions and limitation for library and archives. The outcome of the discussion has been reflected in the Chair’s Chart on Limitations and Exceptions for Libraries and Archives (Document SCCR/34/5)

India welcomes the updated Seng Study and Additional Analysis of Study on Copyright Limitations and Exceptions for Educational Activities, and believe that the Seng Study along with the Chair’s Chart on Limitations and Exceptions for Persons with other Disabilities (Document SCCR/34/6) provide pertinent views on this topic.

We compliment the Secretariat for preparing the Draft Action Plans (SCCR/35/9) for Libraries and Archives, Museums, and Persons with Other Disabilities as was requested by Member States in SCCR/34. We would like to engage constructively in the discussion , and would like to reserve our observations, if any.

We look forward to learning more on the scoping study on the impact of digital developments on the evolution of national legal framework in the last ten years. We would like to put on record our appreciation for Ms. Guilda Rostama for the preparation of this scoping study.

Before concluding, let me assure you that the delegation of India will continue to play a proactive and constructive role with the hope that SCCR would be able to find pragmatic and meaningful solutions on all the important issues.