Diplomatic Conference for adoption of a Treaty on Limitations and Exceptions for Visually Impaired Persons / Persons with Print Disabilities Marrakesh, Morocco (17-28 June 2013)
The Treaty seeks fundamental objectives of non-discrimination, equal opportunity, access, and complete individual development, effective as well as inclusive participation in society. The Treaty of Marrakesh truly balances human rights and intellectual property rights.
The Treaty recognizes the obligation of right holders to make works accessible to persons with visual impairments and to the print disabled, recognizes that though countries have different limitations and exceptions to their copyright laws, a uniform international framework is required to address the needs of this section of society in order to harmonize the law on this point and to ensure cross-border exchange of books in accessible formats.
The document discusses the law of treaties, specifically focusing on the Vienna Convention on the Law of Treaties. It provides definitions for key terms like "treaty" and discusses elements of a treaty based on the Vienna Convention. It also examines the conclusion of treaties, including treaty making capacity, steps to conclude a treaty through negotiation, adoption, expression of consent, and issues like reservations. The document is analyzing the law of treaties under the Vienna Convention framework.
This document provides an overview of international treaties based on a seminar covering their nature, creation, interpretation and termination. It defines treaties as written agreements between states, and outlines the treaty-making process of negotiation, adoption, ratification and entry into force. Key topics covered include reservations to treaties, the legal effect of treaties, interpretation of treaty terms, and circumstances allowing termination or amendment of treaties.
This document discusses international law. It defines international law as a set of rules generally accepted between states. It notes international law is primarily applicable to countries rather than private citizens. The document outlines different types of international law including public international law governing state relations and private international law concerning disputes between private parties involving multiple jurisdictions. It discusses how international treaties, customs, and general legal principles contribute to international law. The document also examines how international conventions enter into force through signing, ratification, and domestic implementation depending on whether a state follows a monist or dualist legal approach.
This document provides an overview of treaties under international law. It begins by defining treaties and outlining their importance as a source of international law and for establishing international organizations and resolving disputes. It then discusses different forms treaties can take, from heads of state to ministerial agreements. Terminology for different types of treaties is examined, including conventions, declarations, and protocols. The document concludes by explaining the process for concluding and bringing treaties into force, including negotiation, ratification, accession, and entry into force.
The document discusses the sources of international law, specifically looking at a case between Portugal and India regarding Portugal's claimed right of passage over Indian territory to reach its enclaves within India. The court found that Portugal had a right of passage for private persons and civilian officials/goods to exercise sovereignty over the enclaves, but that this right did not extend to armed forces, police or arms. The court based this on treaties from the 18th century, acceptance by both parties over a long period, and the fact that passage of armed forces was regulated differently in the 1878 treaty between Britain and Portugal.
This document summarizes the ambiguous position of India regarding the protection of refugees. While India has generously admitted and protected some refugee groups, its policies are uneven and not governed by international refugee law, to which it has not acceded. The document analyzes how international human rights law, especially the prohibitions on refoulement in the ICCPR, ICESCR, CRC, and CAT, constrain India's discretion regarding treatment of foreigners and non-refoulement. It argues these norms have converged to establish a single non-derogable standard rule of non-refoulement that applies to India.
International Journal of Humanities and Social Science Invention (IJHSSI) is an international journal intended for professionals and researchers in all fields of Humanities and Social Science. IJHSSI publishes research articles and reviews within the whole field Humanities and Social Science, new teaching methods, assessment, validation and the impact of new technologies and it will continue to provide information on the latest trends and developments in this ever-expanding subject. The publications of papers are selected through double peer reviewed to ensure originality, relevance, and readability. The articles published in our journal can be accessed online.
Rahul gaur, pil assignment, bba l lb, b 09Rahul Gaur
1) Treaties are formal agreements between two or more nations that are a principal source of international law. The Vienna Convention defines a treaty as an international agreement in written form governed by international law.
2) There are different types of treaties, including bilateral treaties between two entities, and multilateral treaties between three or more countries. Treaties can be either "law-making" and establish rules and obligations, or "contractual" and establish mutually dependent rights and obligations between parties.
3) There are different approaches to interpreting treaties, including textualism focusing on the ordinary meaning of the words, intentionalism examining drafters' intent, and teleologism seeking to effectuate the purpose of
The document discusses the law of treaties, specifically focusing on the Vienna Convention on the Law of Treaties. It provides definitions for key terms like "treaty" and discusses elements of a treaty based on the Vienna Convention. It also examines the conclusion of treaties, including treaty making capacity, steps to conclude a treaty through negotiation, adoption, expression of consent, and issues like reservations. The document is analyzing the law of treaties under the Vienna Convention framework.
This document provides an overview of international treaties based on a seminar covering their nature, creation, interpretation and termination. It defines treaties as written agreements between states, and outlines the treaty-making process of negotiation, adoption, ratification and entry into force. Key topics covered include reservations to treaties, the legal effect of treaties, interpretation of treaty terms, and circumstances allowing termination or amendment of treaties.
This document discusses international law. It defines international law as a set of rules generally accepted between states. It notes international law is primarily applicable to countries rather than private citizens. The document outlines different types of international law including public international law governing state relations and private international law concerning disputes between private parties involving multiple jurisdictions. It discusses how international treaties, customs, and general legal principles contribute to international law. The document also examines how international conventions enter into force through signing, ratification, and domestic implementation depending on whether a state follows a monist or dualist legal approach.
This document provides an overview of treaties under international law. It begins by defining treaties and outlining their importance as a source of international law and for establishing international organizations and resolving disputes. It then discusses different forms treaties can take, from heads of state to ministerial agreements. Terminology for different types of treaties is examined, including conventions, declarations, and protocols. The document concludes by explaining the process for concluding and bringing treaties into force, including negotiation, ratification, accession, and entry into force.
The document discusses the sources of international law, specifically looking at a case between Portugal and India regarding Portugal's claimed right of passage over Indian territory to reach its enclaves within India. The court found that Portugal had a right of passage for private persons and civilian officials/goods to exercise sovereignty over the enclaves, but that this right did not extend to armed forces, police or arms. The court based this on treaties from the 18th century, acceptance by both parties over a long period, and the fact that passage of armed forces was regulated differently in the 1878 treaty between Britain and Portugal.
This document summarizes the ambiguous position of India regarding the protection of refugees. While India has generously admitted and protected some refugee groups, its policies are uneven and not governed by international refugee law, to which it has not acceded. The document analyzes how international human rights law, especially the prohibitions on refoulement in the ICCPR, ICESCR, CRC, and CAT, constrain India's discretion regarding treatment of foreigners and non-refoulement. It argues these norms have converged to establish a single non-derogable standard rule of non-refoulement that applies to India.
International Journal of Humanities and Social Science Invention (IJHSSI) is an international journal intended for professionals and researchers in all fields of Humanities and Social Science. IJHSSI publishes research articles and reviews within the whole field Humanities and Social Science, new teaching methods, assessment, validation and the impact of new technologies and it will continue to provide information on the latest trends and developments in this ever-expanding subject. The publications of papers are selected through double peer reviewed to ensure originality, relevance, and readability. The articles published in our journal can be accessed online.
Rahul gaur, pil assignment, bba l lb, b 09Rahul Gaur
1) Treaties are formal agreements between two or more nations that are a principal source of international law. The Vienna Convention defines a treaty as an international agreement in written form governed by international law.
2) There are different types of treaties, including bilateral treaties between two entities, and multilateral treaties between three or more countries. Treaties can be either "law-making" and establish rules and obligations, or "contractual" and establish mutually dependent rights and obligations between parties.
3) There are different approaches to interpreting treaties, including textualism focusing on the ordinary meaning of the words, intentionalism examining drafters' intent, and teleologism seeking to effectuate the purpose of
letter was sent as objection for non inclusion of advocates as judicial member of copyright Board, The implementation of new Copyright rules the recommendation suggested by Sanjeev chaswal advocate has been accepted by the Ministry of HRD for inclusion of advocates as Judicoial member of the Copyright board
The document discusses various types of intellectual property including copyrights, trademarks, patents, industrial design rights, trade secrets, geographical indications, semiconductor integrated circuits layout, and plant variety rights. It provides details on what works and inventions each type protects, how long protection lasts, and registration processes. Key points covered include that copyright protects creative works without registration, trademarks protect product names and symbols, and patents protect inventions for 20 years. Industrial design rights protect a product's appearance, and geographical indications protect names associated with unique goods from a region.
Question no 7 maec 105 measuring poverty wikipedia, the free encyclopediasanjeev kumar chaswal
Measuring poverty can be done either absolutely or relatively. Absolute poverty refers to a set standard of living, such as having an income less than $1.25 per day. Relative poverty compares individuals within a society based on median income levels. Common measurements include the percentage of a population living below the poverty line, Gini coefficients of income inequality, and access to basic needs like food, water, shelter and clothing. Definitions and statistics of poverty vary between organizations, but billions of people worldwide still live in conditions of severe economic deprivation.
The document discusses different types of property ownership in real property law. There are two main categories: freehold estates and leaseholds. Freehold estates provide indefinite ownership of land and include three types: fee simple is the most complete form, providing unlimited ownership that can pass down through heirs; life estate gives ownership for the duration of the owner's life; and estate pur autre vie measures ownership by someone else's life. Leaseholds provide temporary, limited property interests through lease contracts rather than indefinite ownership.
This document discusses various aspects of intellectual property law, focusing on patents, designs, and trademarks. It provides details on:
1) What constitutes a patentable invention and the process for obtaining a patent. Patents provide a temporary monopoly for new inventions.
2) Industrial designs, which protect the visual appearance of objects, and how designs are registered.
3) Trademarks, which distinguish goods and services of different sources, and how trademarks are registered and protected from infringement.
Property law governs ownership and the rights associated with it. Ownership can be described as unlimited rights of use and disposal of a property. Property can be tangible like land or intangible like copyrights. It is categorized as movable or immovable. Movable property is transitory and can be consumed while immovable is permanent. A sale transfers ownership immediately while an agreement to sell transfers it later subject to conditions. The rights of buyers and unpaid sellers are also defined.
A special Assignment Project under the WIPO Academy Course on Electronic Comm...Becky Goins
The document summarizes the key objectives and provisions of the Draft Treaty on Limitations and Exceptions for Visually Impaired Persons/Persons with Print Disabilities adopted in Marrakesh, Morocco in 2013. The two main objectives are to improve access to copyrighted works like books for visually impaired persons, and to promote cross-border sharing of accessible format works. It outlines mandatory limitations on copyrights, the types of works and persons covered, and the role of authorized entities in creating accessible formats. It also discusses whether a treaty was needed to address this issue, and analyzes the pros and cons. Finally, it considers how the treaty could affect commercial publishers and the economy.
The document discusses the Marrakesh Treaty, which aims to create exceptions in copyright law to increase access to published works for blind, visually impaired, and print disabled people. It allows authorized entities, such as libraries, to produce and share accessible format copies of works, like Braille or audio books, across borders without authorization from rights holders. For the treaty to apply in the EU, changes may need to be made to allow circumvention of technological protection measures used on works and permit the tools required to undertake such circumvention.
Copyright And Person With Disability PptAnirudh Bhatt
This document discusses proposals before the World Intellectual Property Organization (WIPO) to update international copyright law to better address the needs of persons with disabilities. It outlines proposals from the World Blind Union, United States, and European Union that define persons with disabilities and propose exceptions for accessible formats. Key issues discussed include definitions of disability, import/export of accessible formats, enforcement concerns, and ensuring protections for copyright owners. The document concludes that an international treaty would need to incorporate elements from multiple proposals while countries also update their own laws consistent with international standards and protect domestic copyright interests.
Spedicato_Digital lending and public access to digital content. An EU - US pe...Giorgio Spedicato
The document discusses digital lending by public libraries from both EU and US legal perspectives. It summarizes the views of copyright holders, who oppose exceptions for digital lending, and librarians, who support exceptions. Currently digital lending is conducted through contracts between parties rather than exceptions. The document also analyzes whether digital lending could be considered fair use. It notes debates around how digital lending may differ from traditional physical lending in legal terms and models used.
Lecture 8 ib 404 institutional framework for international businessMahir Jawad
The TRIPS Agreement aims to reduce distortions and impediments to international trade by establishing common international rules on intellectual property protection. It covers copyrights, trademarks, geographical indications, industrial designs, patents, layout designs of integrated circuits, and undisclosed/trade secret information. The TRIPS Agreement sets minimum standards for protection and enforcement of intellectual property rights and allows members to implement more extensive protection. It seeks to balance intellectual property protection with public policy interests like health and development.
The document discusses copyright law reform and campaigns to improve access to knowledge in Indonesia. It summarizes Indonesia's current copyright law, recommendations to improve balance between rights holders and public access, and campaign activities conducted by YLKI including workshops with government and NGOs. The activities aimed to raise awareness of copyright limitations and exceptions, advocate for reform, and handle education-related consumer complaints to expand access.
This document discusses extended collective licensing (ECL) of archives and libraries across borders in the EU framework. It provides examples of ECL implementations in different European countries for out-of-commerce books and other works. The document also examines the characteristics of ECL agreements, including what works and user groups they cover and their scope and conditions. It analyzes the EU directives regarding ECL and orphan works. The document proposes a legislative mechanism for ECLs but notes it may only provide patchwork coverage of works and requires transparency regarding the licensing terms.
The document discusses several international treaties related to intellectual property protection administered by the World Intellectual Property Organization (WIPO). It provides details on the Beijing Treaty on Audiovisual Performances, the Berne Convention for the Protection of Literary and Artistic Works, and the principles and minimum standards of protection established by the Berne Convention. The Berne Convention deals with protecting works and author's rights, establishing the principles of national treatment, automatic protection without formalities, and independence of protection across countries.
International Regime for protection of copyright.Ronit9605
This document provides an overview of the international regime for the protection of copyright. It discusses several key international treaties and organizations, including the Berne Convention, TRIPS Agreement, WIPO Copyright Treaty, and Universal Copyright Convention. The document outlines some of the basic principles and provisions of these agreements, such as national treatment, automatic protection without formalities, minimum standards for copyright protection and enforcement. It also summarizes the purpose and key terms of the Universal Copyright Convention as an alternative to the Berne Convention for countries that disagreed with its terms.
The document discusses different types of international legal instruments that could complement the 1949 and 1968 Conventions on Road Traffic for automated vehicles. It describes treaties, conventions, protocols, and amendments. A new convention is recommended as the best instrument because it would create a single new legal framework to supplement both existing conventions, ensure uniform implementation, and appropriately address new technologies like automated driving through a newly negotiated agreement.
This document discusses accessibility for blind and partially sighted individuals. It outlines requirements for governments and private organizations to provide information and services in accessible formats. Specifically, it states that public and private entities must communicate with and provide information to blind/partially sighted individuals in the formats of their choice, such as Braille or audio. It also requires that confidential personal information be transmitted securely in the individual's preferred format and that their right to privacy is protected. The document emphasizes that access to information in accessible formats is crucial to allowing blind/partially sighted citizens to fully participate in society.
Changes to UK copyright law will benefit people with dyslexia by allowing them to more easily create accessible copies of digital books and materials for personal use. The 2002 Copyright Act created exceptions for visually impaired people, but did not include dyslexia. Upcoming amendments in 2014 will expand exceptions to explicitly include dyslexia by permitting individuals and organizations to make accessible copies without permission or licensing. The amendments aim to improve access to copyrighted works for disabled people in line with international treaties.
Intellectual Property Rights Seminar ReportAjay Poshak
The TRIPS Agreement is the most comprehensive multilateral agreement on intellectual property. It sets minimum standards of protection for copyright, trademarks, geographical indications, industrial designs, patents, trade secrets, and enforcement procedures. The TRIPS Agreement incorporates the key provisions of the Berne Convention and Paris Convention and adds additional obligations. It allows developing countries a longer period to phase in its obligations and includes special provisions for pharmaceutical patents in developing countries.
This document discusses the relationship between intellectual property, specifically copyright, and development. It begins by outlining different meanings and perspectives of development both within and outside the context of intellectual property. It then discusses the "old development agenda" from the 1960s-1970s and perspectives from that era. Next, it outlines the "new development agenda" including the Doha Declaration, WIPO Development Agenda, and draft Access to Knowledge Treaty. It concludes by emphasizing the importance for developing countries to learn from both agendas and reform their intellectual property laws with development in mind.
This document discusses the relationship between intellectual property, specifically copyright, and development. It begins by outlining different meanings and perspectives of development both within and outside the context of intellectual property. It then discusses the "old development agenda" from the 1960s-1970s and perspectives from that era. Next, it outlines the "new development agenda" including the Doha Declaration, WIPO Development Agenda, and draft Access to Knowledge Treaty. It concludes by emphasizing the importance for developing countries to learn from past agendas and actively engage in the new agenda to reform their copyright laws with development in mind.
letter was sent as objection for non inclusion of advocates as judicial member of copyright Board, The implementation of new Copyright rules the recommendation suggested by Sanjeev chaswal advocate has been accepted by the Ministry of HRD for inclusion of advocates as Judicoial member of the Copyright board
The document discusses various types of intellectual property including copyrights, trademarks, patents, industrial design rights, trade secrets, geographical indications, semiconductor integrated circuits layout, and plant variety rights. It provides details on what works and inventions each type protects, how long protection lasts, and registration processes. Key points covered include that copyright protects creative works without registration, trademarks protect product names and symbols, and patents protect inventions for 20 years. Industrial design rights protect a product's appearance, and geographical indications protect names associated with unique goods from a region.
Question no 7 maec 105 measuring poverty wikipedia, the free encyclopediasanjeev kumar chaswal
Measuring poverty can be done either absolutely or relatively. Absolute poverty refers to a set standard of living, such as having an income less than $1.25 per day. Relative poverty compares individuals within a society based on median income levels. Common measurements include the percentage of a population living below the poverty line, Gini coefficients of income inequality, and access to basic needs like food, water, shelter and clothing. Definitions and statistics of poverty vary between organizations, but billions of people worldwide still live in conditions of severe economic deprivation.
The document discusses different types of property ownership in real property law. There are two main categories: freehold estates and leaseholds. Freehold estates provide indefinite ownership of land and include three types: fee simple is the most complete form, providing unlimited ownership that can pass down through heirs; life estate gives ownership for the duration of the owner's life; and estate pur autre vie measures ownership by someone else's life. Leaseholds provide temporary, limited property interests through lease contracts rather than indefinite ownership.
This document discusses various aspects of intellectual property law, focusing on patents, designs, and trademarks. It provides details on:
1) What constitutes a patentable invention and the process for obtaining a patent. Patents provide a temporary monopoly for new inventions.
2) Industrial designs, which protect the visual appearance of objects, and how designs are registered.
3) Trademarks, which distinguish goods and services of different sources, and how trademarks are registered and protected from infringement.
Property law governs ownership and the rights associated with it. Ownership can be described as unlimited rights of use and disposal of a property. Property can be tangible like land or intangible like copyrights. It is categorized as movable or immovable. Movable property is transitory and can be consumed while immovable is permanent. A sale transfers ownership immediately while an agreement to sell transfers it later subject to conditions. The rights of buyers and unpaid sellers are also defined.
Similar to Diplomatic Conference for adoption of a Treaty on Limitations and Exceptions for Visually Impaired Persons / Persons with Print Disabilities Marrakesh, Morocco (17-28 June 2013)
A special Assignment Project under the WIPO Academy Course on Electronic Comm...Becky Goins
The document summarizes the key objectives and provisions of the Draft Treaty on Limitations and Exceptions for Visually Impaired Persons/Persons with Print Disabilities adopted in Marrakesh, Morocco in 2013. The two main objectives are to improve access to copyrighted works like books for visually impaired persons, and to promote cross-border sharing of accessible format works. It outlines mandatory limitations on copyrights, the types of works and persons covered, and the role of authorized entities in creating accessible formats. It also discusses whether a treaty was needed to address this issue, and analyzes the pros and cons. Finally, it considers how the treaty could affect commercial publishers and the economy.
The document discusses the Marrakesh Treaty, which aims to create exceptions in copyright law to increase access to published works for blind, visually impaired, and print disabled people. It allows authorized entities, such as libraries, to produce and share accessible format copies of works, like Braille or audio books, across borders without authorization from rights holders. For the treaty to apply in the EU, changes may need to be made to allow circumvention of technological protection measures used on works and permit the tools required to undertake such circumvention.
Copyright And Person With Disability PptAnirudh Bhatt
This document discusses proposals before the World Intellectual Property Organization (WIPO) to update international copyright law to better address the needs of persons with disabilities. It outlines proposals from the World Blind Union, United States, and European Union that define persons with disabilities and propose exceptions for accessible formats. Key issues discussed include definitions of disability, import/export of accessible formats, enforcement concerns, and ensuring protections for copyright owners. The document concludes that an international treaty would need to incorporate elements from multiple proposals while countries also update their own laws consistent with international standards and protect domestic copyright interests.
Spedicato_Digital lending and public access to digital content. An EU - US pe...Giorgio Spedicato
The document discusses digital lending by public libraries from both EU and US legal perspectives. It summarizes the views of copyright holders, who oppose exceptions for digital lending, and librarians, who support exceptions. Currently digital lending is conducted through contracts between parties rather than exceptions. The document also analyzes whether digital lending could be considered fair use. It notes debates around how digital lending may differ from traditional physical lending in legal terms and models used.
Lecture 8 ib 404 institutional framework for international businessMahir Jawad
The TRIPS Agreement aims to reduce distortions and impediments to international trade by establishing common international rules on intellectual property protection. It covers copyrights, trademarks, geographical indications, industrial designs, patents, layout designs of integrated circuits, and undisclosed/trade secret information. The TRIPS Agreement sets minimum standards for protection and enforcement of intellectual property rights and allows members to implement more extensive protection. It seeks to balance intellectual property protection with public policy interests like health and development.
The document discusses copyright law reform and campaigns to improve access to knowledge in Indonesia. It summarizes Indonesia's current copyright law, recommendations to improve balance between rights holders and public access, and campaign activities conducted by YLKI including workshops with government and NGOs. The activities aimed to raise awareness of copyright limitations and exceptions, advocate for reform, and handle education-related consumer complaints to expand access.
This document discusses extended collective licensing (ECL) of archives and libraries across borders in the EU framework. It provides examples of ECL implementations in different European countries for out-of-commerce books and other works. The document also examines the characteristics of ECL agreements, including what works and user groups they cover and their scope and conditions. It analyzes the EU directives regarding ECL and orphan works. The document proposes a legislative mechanism for ECLs but notes it may only provide patchwork coverage of works and requires transparency regarding the licensing terms.
The document discusses several international treaties related to intellectual property protection administered by the World Intellectual Property Organization (WIPO). It provides details on the Beijing Treaty on Audiovisual Performances, the Berne Convention for the Protection of Literary and Artistic Works, and the principles and minimum standards of protection established by the Berne Convention. The Berne Convention deals with protecting works and author's rights, establishing the principles of national treatment, automatic protection without formalities, and independence of protection across countries.
International Regime for protection of copyright.Ronit9605
This document provides an overview of the international regime for the protection of copyright. It discusses several key international treaties and organizations, including the Berne Convention, TRIPS Agreement, WIPO Copyright Treaty, and Universal Copyright Convention. The document outlines some of the basic principles and provisions of these agreements, such as national treatment, automatic protection without formalities, minimum standards for copyright protection and enforcement. It also summarizes the purpose and key terms of the Universal Copyright Convention as an alternative to the Berne Convention for countries that disagreed with its terms.
The document discusses different types of international legal instruments that could complement the 1949 and 1968 Conventions on Road Traffic for automated vehicles. It describes treaties, conventions, protocols, and amendments. A new convention is recommended as the best instrument because it would create a single new legal framework to supplement both existing conventions, ensure uniform implementation, and appropriately address new technologies like automated driving through a newly negotiated agreement.
This document discusses accessibility for blind and partially sighted individuals. It outlines requirements for governments and private organizations to provide information and services in accessible formats. Specifically, it states that public and private entities must communicate with and provide information to blind/partially sighted individuals in the formats of their choice, such as Braille or audio. It also requires that confidential personal information be transmitted securely in the individual's preferred format and that their right to privacy is protected. The document emphasizes that access to information in accessible formats is crucial to allowing blind/partially sighted citizens to fully participate in society.
Changes to UK copyright law will benefit people with dyslexia by allowing them to more easily create accessible copies of digital books and materials for personal use. The 2002 Copyright Act created exceptions for visually impaired people, but did not include dyslexia. Upcoming amendments in 2014 will expand exceptions to explicitly include dyslexia by permitting individuals and organizations to make accessible copies without permission or licensing. The amendments aim to improve access to copyrighted works for disabled people in line with international treaties.
Intellectual Property Rights Seminar ReportAjay Poshak
The TRIPS Agreement is the most comprehensive multilateral agreement on intellectual property. It sets minimum standards of protection for copyright, trademarks, geographical indications, industrial designs, patents, trade secrets, and enforcement procedures. The TRIPS Agreement incorporates the key provisions of the Berne Convention and Paris Convention and adds additional obligations. It allows developing countries a longer period to phase in its obligations and includes special provisions for pharmaceutical patents in developing countries.
This document discusses the relationship between intellectual property, specifically copyright, and development. It begins by outlining different meanings and perspectives of development both within and outside the context of intellectual property. It then discusses the "old development agenda" from the 1960s-1970s and perspectives from that era. Next, it outlines the "new development agenda" including the Doha Declaration, WIPO Development Agenda, and draft Access to Knowledge Treaty. It concludes by emphasizing the importance for developing countries to learn from both agendas and reform their intellectual property laws with development in mind.
This document discusses the relationship between intellectual property, specifically copyright, and development. It begins by outlining different meanings and perspectives of development both within and outside the context of intellectual property. It then discusses the "old development agenda" from the 1960s-1970s and perspectives from that era. Next, it outlines the "new development agenda" including the Doha Declaration, WIPO Development Agenda, and draft Access to Knowledge Treaty. It concludes by emphasizing the importance for developing countries to learn from past agendas and actively engage in the new agenda to reform their copyright laws with development in mind.
This document discusses the relationship between intellectual property, specifically copyright, and development. It begins by outlining different meanings and perspectives of development both within and outside the context of intellectual property. It then discusses the "old development agenda" from the 1960s-1970s and perspectives from that era. Next, it outlines the "new development agenda" including the Doha Declaration, WIPO Development Agenda, and draft Access to Knowledge Treaty. It concludes by emphasizing the importance for developing countries to learn from past agendas and actively engage in the new agenda to reform their copyright laws with development in mind.
This document discusses the relationship between intellectual property, specifically copyright, and development. It addresses the following key points in 3 or fewer sentences:
1. There are differing views on what development means both within and outside the context of intellectual property. Older views saw strong IP laws as necessary for development, while newer views argue for more balanced and flexible IP systems tailored to countries' needs.
2. Developing countries have historically pushed for the international copyright system to better accommodate their interests and development needs. This led to provisions like the Berne Appendix allowing limitations on translation and reproduction rights.
3. Scholars note that overly strong or one-size-fits-all IP systems may hinder development by restricting
This document discusses the relationship between intellectual property, specifically copyright, and development. It addresses the following key points in 3 or fewer sentences:
1. There are differing views on what development means both within and outside the context of intellectual property. Old development approaches focused on economic growth, while newer approaches emphasize social and environmental factors.
2. Historically, developing countries pushed for intellectual property systems to better account for their needs and interests, seeing strict copyright as a barrier. This led to provisions like limitations and exceptions in international agreements.
3. Scholars and reports have noted that overly strong or one-size-fits-all intellectual property systems may not promote innovation or access to knowledge in developing nations, and
The document discusses the history and development of international commercial arbitration. It notes that arbitration first emerged in Europe in the 1920s to resolve international business disputes privately. Since then, various conventions and rules have been adopted to facilitate arbitration, including the New York Convention of 1958. The document outlines key definitions and concepts in international commercial arbitration such as the meaning of "international", different types of arbitration, and the laws that typically govern arbitration proceedings and awards. It also discusses important issues that commonly arise like jurisdictional questions and the interplay between procedural and substantive laws. The conclusion is that arbitration can replace court proceedings in India by offering faster and cheaper dispute resolution while allowing parties more flexibility and control over the process.
Similar to Diplomatic Conference for adoption of a Treaty on Limitations and Exceptions for Visually Impaired Persons / Persons with Print Disabilities Marrakesh, Morocco (17-28 June 2013) (20)
This document discusses alternative dispute resolution (ADR) mechanisms for intellectual property rights (IPR) disputes. It begins with declarations and certificates regarding the research. It then acknowledges those who provided guidance and support. The preface states that the research will examine whether ADR such as arbitration and mediation can be alternatives to litigation for IPR disputes. The document is divided into multiple chapters covering topics such as the history of ADR in India, overview of ADR mechanisms, the scope of ADR for IPR disputes, international disputes, and the WIPO Arbitration and Mediation Center. The conclusion provides suggestions for managing disputes under ADR mechanisms.
This document discusses regulation of comparative advertising in India. It provides an overview of key concepts, statutory provisions, and cases related to comparative advertising and unfair trade practices. Comparative advertising is allowed in India but must be honest, truthful, and not disparage or falsely represent competitors to avoid being considered an unfair trade practice. Jurisdictions like the UK and US also allow comparative advertising but have different standards.
E-banking refers to the automated delivery of banking services directly to customers through electronic and interactive communication channels. It allows customers to view account details, pay bills, and transfer money via the internet without visiting a physical bank branch. The document discusses the definitions, history, types, benefits, and risks of e-banking in India. It outlines how e-banking emerged in the 1990s with the opening of the Indian economy to foreign banks and increased technology investments. Guidelines were established by the Reserve Bank of India to ensure security and confidentiality in e-banking transactions.
The document discusses international trademark rights and parallel imports. It provides definitions and explanations of key concepts such as intellectual property rights, trademarks, territoriality of trademarks, and the doctrine of exhaustion of IP rights. The doctrine of exhaustion holds that intellectual property rights are exhausted after the first sale of a good. The document also discusses different approaches countries take regarding national exhaustion versus international exhaustion of rights and exceptions related to parallel imports.
Microsoft power point comparative study of the main features of unfair comp...sanjeev kumar chaswal
This document discusses unfair competition laws. It begins by explaining that while competition is generally encouraged, competitors may sometimes use unfair means like misleading the public or directly attacking other businesses. International laws like the Paris Convention and TRIPS agreement require countries to prevent unfair competition. The US has no overarching unfair competition law, but addresses aspects of it through tort laws, consumer protection laws, and self-regulation. The Lanham Act also establishes some unfair competition provisions at the federal level regarding false designations of origin.
Microsoft power point intellectual property law trademarks remedies unit-v ...sanjeev kumar chaswal
This document discusses legal remedies for trademark infringement and passing off in India. It outlines that civil remedies include suits for permanent injunctions and damages, while criminal remedies involve filing police complaints and instituting criminal proceedings. Specific statutes like the Trademarks Act, Copyright Act, and Indian Penal Code can be invoked in criminal actions. The document then explains procedures for filing criminal complaints and various types of orders that can be obtained in civil suits, such as interim injunctions, Anton Piller orders, and Mareva injunctions. Case law precedents involving passing off and infringement are also summarized.
Microsoft power point law of trademarks for ili ipr diploma in trademark l...sanjeev kumar chaswal
This document provides an overview of trademark laws in India. It discusses the different types of intellectual property including copyrights, trademarks, patents, industrial designs, trade secrets, geographical indications, and integrated circuit layout designs. It then explains in more detail the types of trademarks, the process of trademark registration in India, the functions and benefits of trademarks, trademark infringement and related legal remedies, and the history and key provisions of trademark laws in India including the Trademarks Act of 1999.
Microsoft power point law of trademarks and designs for ili ipr diploma-des...sanjeev kumar chaswal
The document discusses key concepts around industrial design rights under Indian law. It defines what constitutes an "article" and "set of articles" under the Designs Act of 2000. It also outlines the essential requirements for registration of a design, including that it must be new, original, and have aesthetic value. The rights conferred by registration include the exclusive right to commercially use the registered design for the validity period. Infringement can be addressed through legal means like cease and desist letters or filing a court case.
This document discusses key aspects of trademarks including:
1. A trademark is a visual symbol used to indicate the source of goods and distinguish them from similar goods. Trademarks must be clear, distinct, and help customers identify quality.
2. The Trade Marks Act defines a mark and gives examples like logos and signatures. Service marks and collective marks are also discussed.
3. Registration provides exclusive rights to use a mark and lasts 10 years, renewable. Opposition periods allow for objections. Distinctiveness, descriptiveness, deception, and living person approval are evaluated.
This document discusses geographical indications from an Indian perspective. It provides an overview of the international debate on GIs, intellectual property rights, and the TRIPS agreement's treatment of GIs. Specifically, it notes a disagreement around Article 23, which provides additional protection to wine and spirit GIs not given to other products. The document then outlines India's GI registration system and some famous Indian GIs that have been registered. It concludes with a table listing several registered Indian GIs and their corresponding products, states, and registration dates.
Microsoft power point domain and cyber squatting [compatibility mode]sanjeev kumar chaswal
Tata Sons Ltd filed a complaint with WIPO against MakeMyTrip regarding the domain name "oktatabyebye.com". Tata Sons argued that the domain name was confusingly similar to their registered "Tata" trademark and MakeMyTrip had no legitimate rights to use it. MakeMyTrip claimed that "Tata" was used colloquially and the site was a travel community portal. WIPO ruled in favor of Tata Sons, directing MakeMyTrip to discontinue use and transfer the domain name, unless MakeMyTrip pursued legal proceedings within 10 days.
This document provides an introduction to intellectual property rights (IPR) laws and theories. It discusses several theories used to justify IPR, including:
1. Moral desert theory, based on John Locke's idea that a person has a right to the fruits of their labor. However, this theory has limitations in guaranteeing exclusive rights to ideas.
2. Personality theory, where artistic expressions are an extension of one's personality based on Kant and Hegel. But this view is challenged as works would cease to exist after the person dies.
3. Utilitarian theories advocated by economists like Bentham and Mill, where the objective is maximizing social welfare by incentivizing innovation
comparative study of the main features of copyright law in india usa & uk [co...sanjeev kumar chaswal
The document provides a comparative overview of copyright law in India, the UK, and the US. It discusses key aspects such as what works are eligible for copyright protection, how copyright is initially acquired and owned, rights granted to copyright holders, duration of copyright protection, and assignment/transfer of copyright. For each topic, the rules and requirements in each country are outlined and compared. The document aims to highlight the main features and differences between copyright law in these three jurisdictions.
Copyright protects original creative works such as literature, music, films, and artwork. It gives the creator exclusive rights over the use of their work, including reproduction and adaptation. Copyright applies to works fixed in a tangible form of expression. The key rights include reproduction, adaptation, publication, performance, and translation. India's copyright law aims to balance the rights of creators with public interests like access and fair use through exceptions like fair dealing.
Philippine Edukasyong Pantahanan at Pangkabuhayan (EPP) CurriculumMJDuyan
(𝐓𝐋𝐄 𝟏𝟎𝟎) (𝐋𝐞𝐬𝐬𝐨𝐧 𝟏)-𝐏𝐫𝐞𝐥𝐢𝐦𝐬
𝐃𝐢𝐬𝐜𝐮𝐬𝐬 𝐭𝐡𝐞 𝐄𝐏𝐏 𝐂𝐮𝐫𝐫𝐢𝐜𝐮𝐥𝐮𝐦 𝐢𝐧 𝐭𝐡𝐞 𝐏𝐡𝐢𝐥𝐢𝐩𝐩𝐢𝐧𝐞𝐬:
- Understand the goals and objectives of the Edukasyong Pantahanan at Pangkabuhayan (EPP) curriculum, recognizing its importance in fostering practical life skills and values among students. Students will also be able to identify the key components and subjects covered, such as agriculture, home economics, industrial arts, and information and communication technology.
𝐄𝐱𝐩𝐥𝐚𝐢𝐧 𝐭𝐡𝐞 𝐍𝐚𝐭𝐮𝐫𝐞 𝐚𝐧𝐝 𝐒𝐜𝐨𝐩𝐞 𝐨𝐟 𝐚𝐧 𝐄𝐧𝐭𝐫𝐞𝐩𝐫𝐞𝐧𝐞𝐮𝐫:
-Define entrepreneurship, distinguishing it from general business activities by emphasizing its focus on innovation, risk-taking, and value creation. Students will describe the characteristics and traits of successful entrepreneurs, including their roles and responsibilities, and discuss the broader economic and social impacts of entrepreneurial activities on both local and global scales.
Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UPRAHUL
This Dissertation explores the particular circumstances of Mirzapur, a region located in the
core of India. Mirzapur, with its varied terrains and abundant biodiversity, offers an optimal
environment for investigating the changes in vegetation cover dynamics. Our study utilizes
advanced technologies such as GIS (Geographic Information Systems) and Remote sensing to
analyze the transformations that have taken place over the course of a decade.
The complex relationship between human activities and the environment has been the focus
of extensive research and worry. As the global community grapples with swift urbanization,
population expansion, and economic progress, the effects on natural ecosystems are becoming
more evident. A crucial element of this impact is the alteration of vegetation cover, which plays a
significant role in maintaining the ecological equilibrium of our planet.Land serves as the foundation for all human activities and provides the necessary materials for
these activities. As the most crucial natural resource, its utilization by humans results in different
'Land uses,' which are determined by both human activities and the physical characteristics of the
land.
The utilization of land is impacted by human needs and environmental factors. In countries
like India, rapid population growth and the emphasis on extensive resource exploitation can lead
to significant land degradation, adversely affecting the region's land cover.
Therefore, human intervention has significantly influenced land use patterns over many
centuries, evolving its structure over time and space. In the present era, these changes have
accelerated due to factors such as agriculture and urbanization. Information regarding land use and
cover is essential for various planning and management tasks related to the Earth's surface,
providing crucial environmental data for scientific, resource management, policy purposes, and
diverse human activities.
Accurate understanding of land use and cover is imperative for the development planning
of any area. Consequently, a wide range of professionals, including earth system scientists, land
and water managers, and urban planners, are interested in obtaining data on land use and cover
changes, conversion trends, and other related patterns. The spatial dimensions of land use and
cover support policymakers and scientists in making well-informed decisions, as alterations in
these patterns indicate shifts in economic and social conditions. Monitoring such changes with the
help of Advanced technologies like Remote Sensing and Geographic Information Systems is
crucial for coordinated efforts across different administrative levels. Advanced technologies like
Remote Sensing and Geographic Information Systems
9
Changes in vegetation cover refer to variations in the distribution, composition, and overall
structure of plant communities across different temporal and spatial scales. These changes can
occur natural.
Beyond Degrees - Empowering the Workforce in the Context of Skills-First.pptxEduSkills OECD
Iván Bornacelly, Policy Analyst at the OECD Centre for Skills, OECD, presents at the webinar 'Tackling job market gaps with a skills-first approach' on 12 June 2024
Chapter wise All Notes of First year Basic Civil Engineering.pptxDenish Jangid
Chapter wise All Notes of First year Basic Civil Engineering
Syllabus
Chapter-1
Introduction to objective, scope and outcome the subject
Chapter 2
Introduction: Scope and Specialization of Civil Engineering, Role of civil Engineer in Society, Impact of infrastructural development on economy of country.
Chapter 3
Surveying: Object Principles & Types of Surveying; Site Plans, Plans & Maps; Scales & Unit of different Measurements.
Linear Measurements: Instruments used. Linear Measurement by Tape, Ranging out Survey Lines and overcoming Obstructions; Measurements on sloping ground; Tape corrections, conventional symbols. Angular Measurements: Instruments used; Introduction to Compass Surveying, Bearings and Longitude & Latitude of a Line, Introduction to total station.
Levelling: Instrument used Object of levelling, Methods of levelling in brief, and Contour maps.
Chapter 4
Buildings: Selection of site for Buildings, Layout of Building Plan, Types of buildings, Plinth area, carpet area, floor space index, Introduction to building byelaws, concept of sun light & ventilation. Components of Buildings & their functions, Basic concept of R.C.C., Introduction to types of foundation
Chapter 5
Transportation: Introduction to Transportation Engineering; Traffic and Road Safety: Types and Characteristics of Various Modes of Transportation; Various Road Traffic Signs, Causes of Accidents and Road Safety Measures.
Chapter 6
Environmental Engineering: Environmental Pollution, Environmental Acts and Regulations, Functional Concepts of Ecology, Basics of Species, Biodiversity, Ecosystem, Hydrological Cycle; Chemical Cycles: Carbon, Nitrogen & Phosphorus; Energy Flow in Ecosystems.
Water Pollution: Water Quality standards, Introduction to Treatment & Disposal of Waste Water. Reuse and Saving of Water, Rain Water Harvesting. Solid Waste Management: Classification of Solid Waste, Collection, Transportation and Disposal of Solid. Recycling of Solid Waste: Energy Recovery, Sanitary Landfill, On-Site Sanitation. Air & Noise Pollution: Primary and Secondary air pollutants, Harmful effects of Air Pollution, Control of Air Pollution. . Noise Pollution Harmful Effects of noise pollution, control of noise pollution, Global warming & Climate Change, Ozone depletion, Greenhouse effect
Text Books:
1. Palancharmy, Basic Civil Engineering, McGraw Hill publishers.
2. Satheesh Gopi, Basic Civil Engineering, Pearson Publishers.
3. Ketki Rangwala Dalal, Essentials of Civil Engineering, Charotar Publishing House.
4. BCP, Surveying volume 1
Leveraging Generative AI to Drive Nonprofit InnovationTechSoup
In this webinar, participants learned how to utilize Generative AI to streamline operations and elevate member engagement. Amazon Web Service experts provided a customer specific use cases and dived into low/no-code tools that are quick and easy to deploy through Amazon Web Service (AWS.)
ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...PECB
Denis is a dynamic and results-driven Chief Information Officer (CIO) with a distinguished career spanning information systems analysis and technical project management. With a proven track record of spearheading the design and delivery of cutting-edge Information Management solutions, he has consistently elevated business operations, streamlined reporting functions, and maximized process efficiency.
Certified as an ISO/IEC 27001: Information Security Management Systems (ISMS) Lead Implementer, Data Protection Officer, and Cyber Risks Analyst, Denis brings a heightened focus on data security, privacy, and cyber resilience to every endeavor.
His expertise extends across a diverse spectrum of reporting, database, and web development applications, underpinned by an exceptional grasp of data storage and virtualization technologies. His proficiency in application testing, database administration, and data cleansing ensures seamless execution of complex projects.
What sets Denis apart is his comprehensive understanding of Business and Systems Analysis technologies, honed through involvement in all phases of the Software Development Lifecycle (SDLC). From meticulous requirements gathering to precise analysis, innovative design, rigorous development, thorough testing, and successful implementation, he has consistently delivered exceptional results.
Throughout his career, he has taken on multifaceted roles, from leading technical project management teams to owning solutions that drive operational excellence. His conscientious and proactive approach is unwavering, whether he is working independently or collaboratively within a team. His ability to connect with colleagues on a personal level underscores his commitment to fostering a harmonious and productive workplace environment.
Date: May 29, 2024
Tags: Information Security, ISO/IEC 27001, ISO/IEC 42001, Artificial Intelligence, GDPR
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ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...
Diplomatic Conference for adoption of a Treaty on Limitations and Exceptions for Visually Impaired Persons / Persons with Print Disabilities Marrakesh, Morocco (17-28 June 2013)
1. 1
Special Student Exercise on the Diplomatic
Conference for adoption of a Treaty on Limitations
and Exceptions for Visually Impaired Persons /
Persons with Print Disabilities
Marrakesh, Morocco (17-28 June 2013)
A special Assignment Project under the WIPO Academy DL202
Course on Electronic Commerce and Intellectual Property
Submitted to
Submitted By
Sanjeev Kumar Chaswal and Emil Stoyanov Edissonov
WIPO Academy, World Intellectual Property Organisation, Geneva,
Head Teacher: Teacher:
Ms. Irini Stamatoudi Ms. Shaista Keating
2. 2
CONTENTS INDEX
1. What are the key objectives of theTreaty
1.1. First key objectives
I. Mandatory limitations
II. Optional limitations
III. Copyrighted works at stake
IV. Accessible format copies
V. Beneficiary person
VI. Authorized entity
1.1.1. Second key objectives
2. Is it necessary do adopt a specific Treaty to address the needs of the
visually impaired persons/persons with print disabilities? Describe the pros
and cons of the adoption of this Treaty?
2.1. National and regional provisions
2.2. Pros and cons of the Treaty
2.2.1. The main pros of the treatyTreaty
2.2.2 The main cons of the Treaty
3. Do you think that commercial publishers selling their books online will be
affected by the possible adoption of this Treaty? How will these publishers
be affected?
3.1 Amazon Kindle 2 versus Authors Guild
3.2 Affect on the online Books
3.3 Present economic scenario
3.4 Affect on Piracy
4. Do you think that the adoption of the Draft VIP Treaty will affect the
economy of your country? If yes, how will the economy be affected?
4.1 Encouragement to International reciprocal Policies
4.2 The duplication of work Wastage of Resources
4.3 Cross border sharing of accessible works
4.4 Internet a state less boundaries
4.5 Profitability in Audio format
4.6 Impact on India
4.7 Impact on Spain
5. What are your main conclusions and recommendations regarding the Draft
VIP Treaty?
5.1. Conclusions
5.2. Recommendations
3. 3
EXERCISE ON THE DRAFT TREATY ON LIMITATIONS AND EXCEPTIONS FOR
VISUALLY IMPAIRED PERSONS/PERSONS WITH PRINT DISABILITIES (2013)
_________________________
1. What are the key objectives of theTreaty?
The Treaty seeks fundamental objectives of non-discrimination, equal opportunity,
access, and complete individual development, effective as well as inclusive
participation in society. The Treaty of Marrakesh truly balances human rights and
intellectual property rights.
The Treaty recognizes the obligation of right holders to make works accessible to
persons with visual impairments and to the print disabled, recognizes that though
countries have different limitations and exceptions to their copyright laws, a uniform
international framework is required to address the needs of this section of society in
order to harmonize the law on this point and to ensure cross-border exchange of
books in accessible formats.
The key objectives of the Treaty are two, namely,
a) To improve the access to copyrighted works such as books, texts and audio
books for persons who are blind, visually impaired, or otherwise print
disabled (hereinafter, referred to together as “VIP persons”)1
; and
b) To promote the exchange across borders of accessible format works by
organizations that serve VIP persons.
1.1. First key objectives
I. Mandatory limitations:
In order to manage the first key objective the Treaty provides for the contracting
states to introduce in their national copyright laws legal provisions that include
limitations or exceptions to the exclusive economic rights of the copyright holders
(Article 4(1)(a)).
Those exclusive rights are the right of reproduction, the right of distribution and the
right of public communication. That is to say, particular persons or organizations (see
details below) will be able to make and / or issue copies of a book to, or otherwise
make the book available to VIP persons without having to seek the permission of the
publisher and/or author of such a book.
1 Visually impaired persons
4. 4
II. Optional limitations:
The Treaty also sets forth an option for the contracting states to adopt a limitation or
exception to the right of public performance. This option will be left at the discretion
of each contacting state. Limitations other than those expressly established by the
treatyTreaty may also be provided by each contracting state taking into account its
economic situation, its social and cultural needs.
III. Copyrighted works at stake:
For the purposes of the Treaty, copyrighted works are literary and artistic works, in
the form of text, notation and /or related illustrations, including audio books (Article
2(a)).
IV. Accessible format copies:
Furthermore, the copyrighted works must be in accessible format copies, that is,
copies in an alternative manner or form which gives a beneficiary person access to
the work, including permitting the person to have access as feasibly and comfortably
as a person without visual impairment or other print disability. The accessible format
copy is used exclusively by beneficiary persons and it must respect the integrity of
the original work, taking due consideration of the changes needed to make the work
accessible in the alternative format and of the accessibility needs of the beneficiary
persons (Article 2(b)).
V. Beneficiary person:
The persons that can benefit from the above-mentioned limitations are persons who,
regardless of any other disabilities, (a) are blind; (b) have a visual impairment or a
perceptual or reading disability which cannot be improved to give visual function
substantially equivalent to that of a person who has no such impairment or disability
and so is unable to read printed works to substantially the same degree as a person
without an impairment or disability; or (c) are otherwise unable, through physical
disability, to hold or manipulate a book or to focus or move the eyes to the extent
that would be normally acceptable for reading (Article 3).
VI. Authorized entity:
As stated above, the copyrighted works, say printed books, are to be converted into
accessible format copies so that VIP person can have an efficient access to such
books. The former shall not however be made by any persons. For this purpose, the
treatyTreaty requires the creation on a national scale of the so-called “authorized
5. 5
entity” which will be the body in charge of making and facilitating the accessible
format copies of the copyrighted works to the VIP persons.
The authorized entities include entities which are authorized or recognized by the
national government to provide education, instructional training, adaptive reading or
information access to beneficiary persons on a non-profit basis, as well as
government institutions or non-profit organizations that provide the same services to
beneficiary persons as one of its primary activities or institutional obligations (Article
2(c)).
1.1.1. Second key objective:
1. For the purposes of its second main goal, the Treaty provides for a cross-border
exchange of accessible format copies, which includes importation of same without
the permission of the owners of the copyright.
2. It establishes that accessible format copies may be distributed or made available by
an authorized entity to a beneficiary person or an authorized entity in another
Contracting Party.
3. The other purpose of the Treaty is that national authorized entities can benefit from
the harmonization of the limitations or exceptions limitations to the exclusive
economic rights of the copyright holders, so that they may operate efficiently across
borders on an international scale.
4. The practical result from the aforementioned should be that different contracting
states will be able to make and share with each other accessible format copies of
different books.
5. This should in turn amount to an increase of the total number of accessible format
copies and, at the same time, to avoiding duplicity of efforts and costs.
2. Is it necessary tdo adopt a specific Treaty to address the needs of the
visually impaired persons/persons with print disabilities? Describe the pros
and cons of the adoption of this Treaty?
2.1. National and regional provisions:
a) Under current legal framework, it is left to national governments to define what
limitations and exceptions are permitted under their national copyright laws. These
laws tend to include limitations and exceptions to the exclusive rights of the
copyright holders to uses in certain circumstances, which are compatible with fair
6. 6
practices, primarily under the Berne Convention, e.g. fair use (USA), fair dealing
(UK) or private copy (Spain). But, it should be noted, generally, national copyright
laws do not provide for specific limitations or exceptions for the use of copyrighted
works for or by VIP persons.
b) This is why an adoption of a specific international Treaty that can
a) address the issue of the lack of access of the VIP persons to books,
b) impose mandatory exceptions and
c) harmonize same at an international level is necessary.
c) In the EU, for instance, EU law provides for the possibility of Member states adopting
national exceptions of the rights of reproduction and communication to the public for
the benefit of persons with disabilities (Article 5(3)(b) EU Copyright Directive
2001/29/EC)2
. The fact that the said provision does not create an obligation for
Member states is another reason why the adoption of the treatyTreaty is necessary.
2.2. Pros and cons of the Treaty:
Though, many of country’s commercial and other national entities are going to
debate upon the positive as ell as negative aspects of this Treaty and are going to
intensively debate for years with regard to the necessity perhaps of concluded
Treaty.
It is no doubt that this Treaty is certainly going to forge lasting impression on
accessibility of reading material to blinds world wide but also going to create a sense
of social responsibility with in the author community, whose works in not available in
accessible formats thereby motivating them to provide their work accessible formats
after the conclusion of the Treaty, this will not significantly improve the accessibility
of the works in different formats VIP’s but will further improve overall image of the
copyright work.
In over all contexts, this Treaty will certainly ensures international harmonization of
limitations and exceptions between the countries to facilitate the global sharing of
knowledge resources through accessible formats and the other main aspect of the
Treaty is to facilitate the cross-border sharing of copyrighted works that for the
benefit of visually impaired.
The other positive aspect of this culminated Treaty, This Treaty text provides the
authorized entities shall be permitted, without the authorization of the copyright
rights holder, to make an accessible format copy of a work, obtain a work in
2
The Copyright Directive (officially the Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of
certain aspects of copyright and related rights in the information society, also known as the Information Society Directiv
7. 7
accessible format from another authorized entity, and supply those copies to a
beneficiary person (the visually impaired) by any means, including by non-
commercial lending or by electronic communication by wire or wireless means on a
non-profit basis, while it is also possible that making an accessible format copy of a
work is effectuated by the beneficiary himself or by another person acting on his
behalf, e.g. a caretaker, for the personal use of the beneficiary.3
This Treaty has tries to achieve a balance between the publisher’s right to invest in
accessible formats of works and the right of the visually impaired to have equal
access to knowledge through a variety of sources.
2.2.1. The main pros of the Treaty can be listed as follows:
a) Establishing specific limitations / exceptions for the use of copyrighted works for VIP
persons;
b) Harmonizing the limitations / exceptions for the use of copyrighted works for VIP
persons;
c) Providing the possibility of establishing further limitations / exceptions which
encourages the contracting states to develop them and go beyond the provisions of
the Treaty when the particular circumstances require so;
d) Promotion and encouragement of cross-border exchange of accessible copies;
e) Respect to the right of publishers and authors to perceive remuneration by providing
for the possibility of the limitations / exceptions being subject to remuneration;
f) Possibility for the poor counties to benefit from accessible copies already made in
other countries by way of the schemes for sharing such copies.
2.2.2 The main cons of the Treaty can be listed as follows:
a) This treaty is not obligatory or binding precedent on all countries to sign and ratify;
the Treaty is a voluntary on the part of the country to sign and ratify.
b) This Treaty has failed to coordinate with other International Bodies, NISO4
, ANSI5
and International ISBN agency6
with regard to printed material.
c) This Treaty has further failed to incorporate or rope in International ISBN agency on
the distribution of the books and distribution standards for e-books and ISBN
assignment standards.
3
On copyright and rights of persons with disabilities: WIPO treatyTreaty for the blind By Tatiana Sinodinou, Department of Law, University of
Cyprushttp://kluwercopyrightblog.com/2013/04/19/on-copyright-and-rights-of-persons-with-disabilities-wipo-treatyTreaty-for-the-blind/
4
NISO is where content publishers, libraries, and software developers turn for information industry standards that allow them to work together.
Through NISO, all of these communities are able to collaborate on mutually accepted standards — solutions that enhance their operations today and
form a foundation for the future. View a timeline of NISO's milestones since its inception in 1939.
5
The American National Standards Institute) is a private non-profit organization that oversees the development of voluntary consensus standards
for products, services, processes, systems, and personnel in the United States
6
The International Standard Book Number (ISBN) is a unique] numeric commercial book identifier based upon the 9-digit Standard Book Numbering
(SBN) code created by Gordon Foster, Emeritus Professor of Statistics at Trinity College, Dublin, for the booksellers and stationers W. H. Smith and
others in 1965.
8. 8
d) This Treaty unlike an EU Regulation or Directive, the Treaty does not place
obligations on governments unless they (voluntarily) deposit their instruments of
ratification.
e) This Treaty does not have definite date of entry to bring the Treaty into force.
f) As pursuant to Article 18, it will enter into force three months after 20 eligible parties
referred to in Article 15 have deposited their instruments of ratification or accession
there is no mandatory provision deposit ratification and accession with stipulated
period of time.
g) There are many countries, which are yet to ratify Berne Convention and TRIPS
Agreement in their countries, so the ratification of this Treaty is doubtful.
h) This many clauses of this Treaty are considered to be inconsistent with basic
agreements, such as the Berne Convention and TRIPS Agreement, which do not
address at an international level the limitations and exceptions set forth in the
Treaty.
i) That some countries may not adhere to the Treaty is against the harmonization of
copyright law at international level sought by the Berne Convention.
j) The Treaty may thus create a precedent, which may not be adopted by all the
members of the Berne Convention and TRIPS Agreement.
3. Do you think that commercial publishers selling their books online will be
affected by the possible adoption of this Treaty? How will these publishers
be affected?
3.1 Amazon Kindle 2 versus Authors Guild :
Last decade had seen fastest technological developments, actually, which had
intensified the tug of war between the interests and user, at one hand publishers
resist adoption of broader exceptions terms as they feel, it would lead to massive
piracy and could be higher, at the same time imposing excessive technological
protection measures may significantly hamper the conversion to an accessible
format, as the conversion to accessible formats is an act of exploitation, which is
creates new user thus copyright holders have a right and interest to control.
In this context there is a US case of USA, where the Internet giant Amazon caves to
Authors Guild7
over Kindle's text-to-speech reading8
, the Authors Guild had objected
to the text-to-speech function on Amazon's Kindle 2, claiming that it infringed on
audio book copyright. Today, Amazon said that while the feature is legally sound,
they would be willing to disable text-to-speech on a title-by-title basis at the rights
holder's request9
though the Guardian's Books Blog pointed out that: Clearly the
7
The Authors Guild is a not-for-profit American organization of and for authors. It has around eight thousand members, among them published
authors, literary agents and attorneys who mainly deal in book publishing.
8 http://www.guardian.co.uk/technology/blog/2009/mar/01/authors-guild-blocks-kindle-voice
9 http://news.slashdot.org/story/09/02/28/0127236/amazon-caves-on-kindle-2-text-to-speechPosted by Soul skill on Saturday February 28, 2009
@09:16AM from the unexpectedly-generous dept.
9. 9
Authors Guild wants to take a firm position early about the emerging technology, but
this campaign seems misguided. If it weren't, one might expect the first people to
side with the Authors Guild to be Amazon, since, as well as manufacturing the
Kindle, the company owns Audible, a download site which accounts for 95% of the
online audio-book market.10
The author Guild has opposed Kindle 2's text-to-speech feature, as author Guild has
felt that it encroached on audio books without compensating the actual copyright
holders, the Amazon had back down and has allowed authors and publishers
themselves to decide whether to activate the read-aloud feature on individual titles
or not but this move of the Amazon had prompted the disability groups to organized
themselves into a Reading Rights Coalition11
and since then have been demanding
full access to text-to-speech as it gives the visually impaired equal access to
electronic books.
3.2 Affect on the online Books:
In principle, the Treaty may affect negatively the publishers of books as they may
see their sales reduced, especially in the case of audio books. The Publishers that
wish to distribute accessible formats such as audio books may see their sales down.
However, from another point of view, the publishers may be affected positively in the
sense that the authorized entities may need to purchase the books in order to make
the accessible copies. This will result in the publishers experiencing a rise in the sale
of printed books.
There is also the possibility of book publishers not being affected on the grounds that
their sales would not go down. This may be especially the case of the developing
countries where the big part of the population cannot afford purchasing books.
3.3 Present economic scenario:
That in the present scenario the leap of the digital technique / e-books have been
damaging the economics of print media, as the transition from print to e-books do
not look as promising in the long run, as people have assumed nor have able to
make much impact but the audio books are a billion dollar market12
, the rights for
which are packaged separately and are far more valuable than e-book rights. Thus
10
http://www.guardian.co.uk/technology/blog/2009/mar/01/authors-guild-blocks-kindle-voice
11
The Reading Rights Coalition, The coalition represents people who cannot read print includes the blind, people with dyslexia, people with
learning or processing issues, seniors losing vision, people with spinal cord injuries, people recovering from strokes, and many others for whom the
addition of text-to-speech on the Kindle 2 promised for the first time easy, mainstream access to over 245,000 books,
12 How Amazon Became the King of Audio books Recorded books are now a billion -dollar business, which Amazon dominates perhaps like none
other. http://www.theatlantic.com/business/archive/2013/07/how-amazon-became-the-king-of-audiobooks/277836/
10. 10
audio market is such a big market that authors and user will certainly get benefit
from the digitalization of their knowledge work in accessible format.
The author or copyright holders through digital / internet can exploit the work in
many folds due to unmanageable reach of the internet across the globe much larger
then print exploitation with minimum expenditure as good text-to-speech is even
more powerful then the printed Braille text, as not only can blind and visually
impaired readers enjoy your books, even normal person may use it and certainly, it
is going to potentially have instant, automated audio books.
3.4 Affect on Piracy:
Moreover, it may be argued that piracy would be discouraged only, if the accessible
format copies are made available to VIP persons for free or at nominal cost.
Otherwise, third parties may see themselves inclined to "compete" with the
authorized entities by way of distributing (cheaper) pirate copies to the public.
Taking into account that, in principle, no party is going to give reading material or
material in accessible format free but through internet the publisher can provide
audio format through the help of internet services providers, such as Amazon, google
on a discount price providing monthly membership, the charges may vary in
accordance to the region and other way is to provide student edition on cheaper
price to ward off piracy.
The most suitable and fair solution might be for the contracting states (developed
countries with powerful book publishing industries) to adapt national provision
according to which the limitations / exceptions set forth in the Treaty be subject to
remuneration. This measure will respect both book publishers and authors’ rights to
remuneration / royalties. Let us not forget that it is for governments to worry about
VIP persons having access to books, not for businesses.
4. Do you think that the adoption of the Draft VIP Treaty will affect the
economy of your country? If yes, how will the economy be affected?
4.1 Encouragement to International reciprocal Policies:
This Treaty will bring end to many past inconsistent reciprocal policies remained
between countries as due to lack of such type of International agreement made
impossible to share material between countries in accessible formats. Which had led
to continuance of barriers on sharing of works, there by only a small fraction of
published books, estimated to be not more than 5% to seven 7% of works 13
were
13
http://www.worldblindunion.org/English/news/Pages/JUne-17-Press-Release-for-WIPO-Book-Treaty.aspx
11. 11
made in accessible formats to visually impaired persons with print impairment of
developed countries.
It will further lead to more sharing, we have seen in the past that developed
countries have been sharing a fewer works in accessible formats with visually
impaired persons of developing economies. Statically this number is lower in the
poorest regions, where only 1% of books are available in accessible formats.
This Treat will become more effective and will show overall positive result only, when
all countries, who have signed and pledged ratification of this Treaty will sincerely
work on its implementation, thus only joint efforts of all countries, irrespective of
developed and developing countries can bring positive changes in life’s as well as
social acceptability of VIP, as visually impaired of the developing countries are yet
climb social and financial ladder, who have been ignored from main educational
stream for many years.
4.2 The duplication of work Wastage of Resources:
This Treaty will encourage the use of new technologies to improve the state of affairs
in relation to production and distribution of books in accessible formats. Due to non
availability of the Treaty, which had led to repeated duplication of books in accessible
formats in each country thereby wasting of money and resources, thus making
availability of accessible work a difficult proposition for the country with limited
resources and this has led to deprivation of access material that too separately in an
accessible format for a VIP community with fewer percentage, thus country with
limited financial resources always discouraged unnecessarily putting financial burden
on its economy. Now after conclusion of the Treaty, it will cast obligation on
developed countries to remove barriers to access works in accessible form.
This Treaty will foster technological cooperation and encourage developed countries
to play a pivotal role in making works accessible in audio, digital, electronic and e-
book forms reading material in plenty with minuscule costs to VIP of developing
countries. The developed countries may also bring newer digital technologies, book
publishing equipments for installation, which in turn spurt the sale of the genuine
books, thereby making them to churn out profits for commercial entities.
This Treaty will make developing countries to join path of development with positive
impact, thus churning a wheel of overall development and financial betterment for
every one and all. Thus this Treaty will foster cooperation in eradicating the Book
famine from the world scene.
4.3 Cross border sharing of accessible works:
12. 12
This Treaty will encourage cross-border sharing of accessible formats that would
increase efficiency, as it will allow maximum utilisation of each other resources
thereby allowing fewer resources to be spent on the creation of new accessible
format of books and will further help in reducing unnecessary duplication of titles, it
will certainly lower financial burden of all. This cooperation format will work more
effectively, where the countries are having one common language.
This Treaty will certainly create positive affects in economy of the developing
countries, where there are dearth of resources to create accessible copies of
copyrighted works for their VIP people and for poor countries, where VIP live in
abduct poverty.
The concluded Treaty for the Blinds will unlock the large digital libraries of accessible
works that are now off limits due to outdated international copyright rules. This
concluded agreement will give a new hope for the millions of blind and visually
impaired persons of developing countries to expand their knowledge horizon as well
as expanded access of knowledge and culture.
This Treaty is going to create numerous avenues for exploitation of knowledge work
through accessible formats for the user as well as for the interest holders,
commercial entities including publishers of developed, developing countries.
In the long term, certainly, these exceptions of this Treaty is going to bring new
customers and newer markets for publishers, as a result of more print impaired
persons will be able to access the reading material in other accessible formats, there
by making them more educated and financially sufficient to buy more books in
accessible formats.
4.4 Internet a state less boundaries:
Every day, so much of technological advancement is taking place around the world
that every country is clamoring for bringing, adoption of newer technological
innovations in digital, electronic spheres. Today due to invasion of the internet and
other digital formats, the countries have enormous option, potential open before the
them to join as single world community, this technological advancement in the
Internet has led to creation of boundaries less countries and the world has become
one village thereby making every country economy inter woven with each other, thus
any positive of negative effect may one way or other affect the economy of other
country.
This Treaty will ultimately discourage individual efforts to convert a book into an
accessible format, when they can buy the accessible version easily, if publisher and
author or copyright holders shoulder social responsibility in providing knowledge
13. 13
through accessible format to marginalized community, though their social endeavour
may earn a little less then in comparison to the commercial gain but certainly they
are going to gain respectability and in the long run it will also help them in containing
piracy to the large extent.
4.5 Profitability in Audio format:
That in the present scenario the leap of the digital technique / e-books though may
be a damaging economics of print media to some extent and further the transition
from print to e-books do not seems to be as promising in the long run, as people
have assumed nor have able to make much impact but the audio books are a billion
dollar market and is going to increase its volume, the audio rights, which are
packaged separately and are going to be more valuable than e-book rights.
Thus audio market is going to be such a big market that authors and user will
certainly get benefit from the digitalization of their knowledge work in accessible
format. Even developed countries are going to reap benefits / profits by selling
these works to the deficient population thereby bringing over all positive effect all
around.
The author or copyright holders through digital / internet can exploit the audio work
in many folds due to boundaries less reach of the internet across the globe much
larger and faster with minimum expenditure then print exploitation, as good text-to-
speech is even more powerful then the printed Braille text as not only can blind and
visually impaired readers enjoy your books, even normal person may use it and
certainly it is going to potentially have instant, automated audio books.
4.6 Impact on India:
As far as India is concerned, the impact of the Treaty will certainly bring positive
financial impact, as India has been for long actively participating in the world affairs
as newer internet / digital technological advancement India more closer to the
developed countries and is also effectively part of one village. Thus any positive and
negative effect will certainly effect vice versa but this treatyTreaty is boon for India
as in India only 1% of all books are available in accessible formats and it is stated
that 90 % of which live in developing countries and out of which 47 million14
of the
world’s visually impaired persons stay in India.
In order to tackle this deficit and the India has timely realized Amendment of the
Copyright Act, 2012. This amendment introduced S. 52 (1) (zb), which permits the
conversion of a work into any accessible format exclusively for the benefit of persons
14
http://spicyipindia.blogspot.in/2013/07/the-marrakesh-miracle-salient-features.html
14. 14
with disabilities. This amendment came before the Marrakesh Treaty and in all
probability would have been have been upheld up as a shining example at the
Marrakesh Conference.
4.7 Impact on Spain:
Finally, as regards Spain, it should be noted that there is no information to suggest
that the Treaty will have a noticeable impact on the Spanish economy. In Spain, in
2008 there were 70,000 blind persons15
, which may not be a considerable number
taking into consideration the total number of blind persons world-wide.
In Spain, printed books accessible for VIP persons have already been released16
. It is
a printed book that features a NFC (Near Field Communication) chip that can be read
by a smart phone which provides an audio version of the book. It should be noted
that it is a private initiative. This might be a suitable solution as both VIP persons
and persons with no visual disabilities may have access to books in the same copy.
5. What are your main conclusions and recommendations regarding the Draft
VIP Treaty?
5.1. Conclusions:
The circumstances in which the Treaty is passed are the following. According to the
World Blind Union, there are an estimated 285 million blind and partially sighted
persons worldwide17
. Currently, only 5% of all published books in the developed
countries and less than 1% in the developing countries are ever produced in
accessible formats18
.
In that context, the adoption of the Treaty is an important groundbreaking measure
towards VIP persons having access to culture and literature. This will be most noticed
in developing countries where, as seen above, less than 1% of published books are
available in accessible copies.
The Treaty may also be seen as a triumph over discrimination as many VIP persons
will be able to have access to the same books as people with no visual disabilities.
The cross-border exchange of accessible format copies should reduce costs, as the
authorized entities may collaborate in the sense that they may exchange the copies
they have made and avoid duplications in the making of new. This measure should
eliminate duplication and increase efficiency.
15http://www.elmundo.es/suplementos/magazine/2008/434/1200737903.html
16http://andaluciainformacion.es/granada/307849/el-primer-libro-adaptado-para-invidentes-con-tecnologia-nfc-en-espana-tiene-sabor-granadino/
17http://www.worldblindunion.org/English/Pages/default.aspx
18http://www.worldblindunion.org/English/news/Pages/WBU-Statement-on-Marrakesh-TreatyTreaty.aspx
15. 15
It should also be noted that the Treaty states that it shall be a matter for national
law to determine whether the limitations or exceptions are subject to remuneration
{Article (4) (5)}. This means that the Treaty respects the right to fair remuneration
of publishers and authors. It is important that the business and right holders also see
their interests taken into account, because their co-operation will be crucial for the
fulfillment of the objectives of the Treaty.
The cross-border exchange of accessible format copies as set forth by the Treaty is
an important step ahead in the cooperation on an international scale. In the
globalized world that we live in where copyright works can be shared in a small
fraction of time on the internet across continents, this cooperation is crucial. Not only
should this measure result in an increase of the total number of accessible format
copies but it should also imply an important reduction of costs. This is especially
important to third-world and developing counties where resources are scarce.
In the context of the aforesaid, it should be noted that many African countries as
well as India and Pakistan where English is the official or co-official language may
benefit from the works made available in accessible format copies by authorized
entities in the USA, UK or Australia.
Further, the notable achievement can be gauged from the fact that arrival of
consensus amongst the countries thus paved the way for culmination of this Treaty,
as it demonstrates that transparency in international policy making altogether can
bring wonders. Usually the Treaty convention of massive scales always does have its
own teething problems in maintaining workings as well as bringing various factions
to consensus solutions but due to detailed working of WIPO has given impetus in
culmination of this convention in to a success.
The final conclusion of the Treaty is with in satisfaction of all stakeholders as well as
of member states, which clearly proves that how a wide spectrum of interests can
forge their differences and come together in arriving consensus on draft of
international copyright policy that respects, protects as well as considers the rights
of all. This Treaty is a victory for all but especially for the blind, visually impaired,
and print disabled but also for the multilateral system said WIPO Director General
Francis Gurry. “The international community has demonstrated the capacity to tackle
specific problems, and to agree a consensus solution.”19
Still this Treaty still needs to be ratified by each of the member states in their
respective domestic legislative domain governed by each country and how copyright
industry lobby reacts for its domestic ratification, as this copyright lobby relentlessly
19
http://www.wipo.int/pressroom/en/articles/2013/article_0017.html
16. 16
fought to delegitimize the Treaty, through over the years, they will still try to exert
their might in stalling ratification in their respective countries and if these lobbies are
able to succeed, this may create impediment in a way making this Treaty as effective
tool, thus in coming months we will have to see its outcome, in case of failure in
culminating ratification by individual countries than it is bound to create dent in
reputation of the world body as well as huge encumbrance on the Treaty’s efficacy,
as many of famous and its accessible works actually originates from these developed
countries.
But from now next few months, we will have to closely watch out to see how this
Treaty bring effects between various stake holders including its whether it is
benefiting hundreds of millions of persons with print disability around the world. As
of Today all countries were supporting the Treaty are quietly optimistic of its positive
after effects.
This is a real team effort of all the stake holders including member states, who came
together with consensus within short period forking out their differences and whole
heartedly supported in the sake of hundreds of millions of persons with print
disability around the world, it is really worth to observe that there is a serious
attempt on the part of the world community to strike a balance between the interests
of copyright owners and the public at large. Hence for now onwards, we are sure that
the Copyright law should be used as a tool to foster development and inclusion and
should not perpetuate monopolies created by a minority segment.
5.2. Recommendations:
The world body WIPO has to frame definite date of entry to bring the Treaty into
force, so the VIP’s can take benefit of this Treaty.
To make this Treaty more affective for the benefit of visually impaired persons, we
need to need to implement forge alliance between other International Bodies
involved with printed material and books as this Treaty has failed to coordinate with
other International Bodies, NISO, ANSI and International ISBN agency with regard to
printed material.
The WIPO has to involve ISBN20
as this Treaty did not rope in International ISBN
agency on the distribution of the books and distribution standards for e-books and
ISBN assignment standards.
20
ibid
17. 17
This Treaty is to be made like an EU Regulation or Directive, so it becomes obligatory
on the part of the countries on governments to deposit their instruments of
ratification.
Many clauses have to rework on this Treaty, as to remove inconsistency with basic
agreements, such as the Berne Convention and TRIPS Agreement, which do not
address at an international level the limitations and exceptions set forth in the
Treaty.
Furthermore, a unified database of all printed material and books, which may
includes e-book or accessible copies must be maintained to ward of piracy from its
roots. This database can be stored and managed by WIPO with the help of ISBN. The
said database should include at least the following information’s:
· the names of the books that have been made available in accessible format copies
· the location (either physical or on the internet) where the accessible format copies
can be found
· the name of the authorized entity that have made the accessible format copies, the
purpose of the database would be to facilitate the access to the accessible format
copies for both authorized entities and VIP persons.
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