This document discusses implications of intellectual property protectionism in the digital era for developing countries seeking to build an inclusive information society. It notes that increased legal protection of IP through laws and digital rights management technologies can threaten developing countries' access to information and knowledge by restricting use and distribution. The document examines South Africa's copyright laws and finds they do not adequately promote access to learning materials, failing to take advantage of flexibilities in international agreements. Key recommendations include clarifying fair use of digital works, balancing anti-circumvention laws with fair use, and ensuring publicly funded research is openly accessible.

1. Eve gray & priachetty 28 september 2009 Implications of IP Over Protectionism

3. Developments in IP & Digital Domain

4. Technology Protectionism (DRM) (TPM)

5. IP Policy Protectionism (TRIPS) (WCT) (WPPT)

6. Development oriented responses

7. Criticism of DRM

8. Doha Declaration

9. Development Agenda

10. Back Home/ ACA2K Project

12. A Digital Age

18. Policy Framework Appropriate balance: incentives and social benefits & public domain

19. IP on Internet Presents opportunities & challenges – ease of reproduction and distribution

22. Negatives for consumers iro access and usage restrictions

24. WIPO Copyright Treaty (WCT)

25. WIPO Performers & Phonograms Treaty (WPPT)

26. 3 main developments:

27. Copyright extends to digital environment

28. TPMs may be used to control access

29. Prohibition on circumvention of TPMs and remedies increase control over content on internet.

30. Signatories are bound to obligations however flexibilities are allowed

31. Different interpretation of TPMs & legal protection (and which laws)

32. Exceptions may be applied

34. Term of protection

35. Automatic copyright

36. Exceptions to copyright limited (3 step test)

37. As a WTO member, South Africa is a party to the TRIPS Agreement.

38. WTO Statement Doha Declaration (TRIPS interpreted in light of promotion of access to medicine)

40. ACA2K Project probes the relationship between South Africa’s copyright environment on the one hand and access to learning materials on the other hand ( 7 other countries)

41. Hypotheses:

42. The South African copyright environment does not maximise effective access to learning materials.

44. Copyright Act does not permit the scanning, translation, adaptation or conversion of works for the sensory disabled in the absence of permission from the copyright holder

45. No clarity on fair dealing of digitised works undermines ICT developments (technology and law)

46. Anti-circumvention of DRM provisions in ECT Act may over-ride fair dealing provisions of Copyright Act

47. Government funded research is not in public domain (IPR Bill)

48. No provisions for orphan works

49. Reasonable portion iro education exceptions is unclear

50. Does not facilitate distance learning (1 copy & not on behalf of)