Resources

Working documents

International Copyright Instruments

National Copyright Legislation of 11 Developing Countries in the Asia Pacific.

These are the national copyright legislation of the 11 developing countries as at 10 March 2005, which were used for the case studies of the national copyright law of 11 developing countries in the Asia Pacific region to examine to what extent exceptions to copyright protection have been incorporated. The results of the case studies have been documented in the report (Copyright and Access to Knowledge: Policy Recommendations on Flexibilities in Copyright Laws).

Draft Law on Copyright and Related Rights, Version 1
WIPO regularly provides legislative advice to governments on the basis of WIPO's basic draft laws. There are two versions of WIPO's draft laws for copyright and related rights. This is version 1.

Draft Law on Copyright and Related Rights, Version 2
WIPO regularly provides legislative advice to governments on the basis of WIPO's basic draft laws. There are two versions of WIPO's draft laws for copyright and related rights. This is version 2.

The United States-Singapore Free Trade Agreement 
Free trade agreements entered into between the US and other states invariably contain a detailed chapter on intellectual property rights. Singapore is the first Asian country to enter into a free trade agreement with the US. The U.S.-Singapore Free Trade Agreement was launched on 16 November 2000 and was concluded on 15 January 2003.

Integrating Intellectual Property Rights and Development Policy
This is the title of the final report published by the Commission of Intellectual Property Rights on 12 September 2002. The Commission was set up by the British government to look at how intellectual property rights might work better for poor people and developing countries. The website explains the work of the Commission and provides access to the final report and supporting documents, which can all be downloaded from the site.

Resource Book on TRIPS and Development: An authoritative and practical guide to the TRIPS Agreement
This is produced under the UNCTAD-ICTSD Capacity Building Project on IPRs. It is conceived as a guide that will provide background and technical information on the main issues under discussion in TRIPS. It should be a practical tool for negotiators and policymakers in order to facilitate their informed participation in negotiations and decision-making processes.

WIPO Study on Limitations and Exceptions of Copyright and Related Rights in the Digital Environment
This study was prepared by Sam Ricketson for WIPO in conjunction with the ninth session of WIPO's Standing Committee on Copyright and Related Rights on 23-27 June 2003. The study was intended to outline the main limitations and exceptions to copyright and related rights protection that exist under the international conventions and their application in the digital environment.

Fair Use in the Digital Era
This paper was presented by Carlos M. Correa during the UNESCO's INFOethics 2000 Congress on the Theme "Right to Universal Access to Information in the 21st century" in Paris on 13-15 November 2000. Abstract: Different proposals have been made to restrict the "fair use" exception in a digital context. Digitization provides tools to detect private digital copying of a protected work and to limit it. This may allow title-holders to prevent practices that have been important for educational and scholarly purposes. Given the power conferred by the technology, "fair use" exceptions established by the law may become inapplicable and substantially affect access to information, particularly in developing countries. The protection of databases, as established or proposed in some jurisdictions, may aggravate this problem. The development of new principles for the application in this context of "fair use" needs to be considered, including possible approaches to deal, under special rules, with the case of developing countries.

United States - Section 110(5) of the US Copyright Act: Report of the Panel (Document 1, Document 2)
This is the report of the Panel established by the Dispute Settlement Body of the WTO to examine the matter raised by the European Communities, namely whether or not the exemptions provided in subparagraphs (A) and (B) of Section 110(5) of the United States Copyright Act are in violation of the United States' obligations under the TRIPS Agreement. In this report of 15 June 2000, the Panel concluded that subparagraph (A) of Section 110(5) of the United States Copyright Act meets the requirements of Article 13 of the TRIPS Agreement, while subparagraph (B) of Section 110(5) of the United States Copyright Act does not meet the requirements of Article 13 of the TRIPS Agreement.

Copyright exceptions for teaching purposes in Europe
This is a paper prepared by Raquel Xalabarder as a contribution to the panel of "Access to distance education" in the conference "Global Access to Essential Learning Tools" organised by Trans Atlantic Consumer Dialogue on 5 April 2004 in New York. The paper examines whether and to what extent the existing exceptions/limitations to copyright, envisioned for the analog world, could and should be applied also to the digital world.

The Nature and Scope of Limitations and Exceptions to Copyright and Neighbouring Rights with regard to General Interest Missions for the Transmission of Knowledge: Prospects for their Adaptation to the Digital Environment
This study was prepared for UNESCO in June 2003 by Lucie Guilbault under the supervision of Bernt Hugenholtz and was published in the December 2003 edition of the e-Copyright Bulletin. The study examines the nature and scope of limitations on copyright and related rights and their possible adaptation to the digital networked environment.

Copyright Exceptions for Libraries - Rationale, Current Use, and the Impact of Digital Technology
This document was dated 16 April 2003 and was prepared by the Canadian Library Association. The document was submitted to Industry Canada and the Department of Canadian Heritage.

Overview of Exceptions and Limitations to Copyright in the Digital Environment
This study was prepared by Anne Lepage and was published in the March 2003 edition of the e-Copyright Bulletin. The study examines the place of exceptions and limitations to copyright in new standard-setting texts that take the digital environment into account, and considers the possible future of these exceptions and limitations in this new environment.

The three-step test, deemed quantities, libraries and closed exceptions
This is an advice prepared for the Centre for Copyright Studies Ltd of Australia by Sam Ricketson and it was published in December 2002. It is a study of the three-step test in Article 9(2) of the Berne Convention, Article 13 of the TRIPS Agreement and Article 10 of the WIPO Copyright Treaty, with particular respect to its application to the quantitative test in subsection 40(3) of the fair dealing provisions, library and educational copying, the library provisions generally and proposals for an open fair dealing exception.

Limitations and Exceptions under the "Three-Step Test" and in National Legislation - Differences between the Analog and Digital Environments
This study was prepared by Roger Knights for WIPO in conjunction with the Regional Workshop on Copyright and Related Rights in the Information Age on 13-14 September 2000 in Montevideo. The study examines the three-step test and the exceptions in practice in national and other laws.

AttachmentSize
ResearchMethodologyfinal.pdf164.23 KB

Creative Commons license icon
This work is licensed under a Attribution Share Alike Creative Commons license