Sub-Saharan Africa, State of access to educational materials in SSA, African University of Science and Technology, cautionary notes on a treaty on limitations and exceptions

1. Access to Educational Materials in Africa
Workshop on “The International Copyright System and Access to Education: Challenges, New Access Models and Prospects for New Principles
Max Planck Institute for Intellectual Property and Competition Law, Munich
14 – 15 May 2012

2. Structure of presentation
1. Introduction
2. State of Access to educational materials in Africa (SSA)
3. State of Educational L&Es
4. Some thoughts on an international instrument on L&Es for education
5. Some suggestions on the way forward

3. 2. State of Access
•Very limited use of ITCs
•Very low internet connectivity
•Mainly depend of material in analogue forms
•e-resources another source
•Largely depend on imported books
•Educational/learning material very expensive

4. State of Access
•Very limited to no government expenditure
•Educational institutions/libraries have constrained budgets
•Basically access through informal economy – widespread photocopying
–Illegal
–Widespread copyright infringement

5. State of Access
–But only mechanism for bulk access
•Need a lot of freedom to copy and/or translate
•Calls for broad L&Es

6. 3. State of L&Es in Africa
•Not been used, instead
•Strong provisions for protection in legislation
–Absent, vague or narrowly crafted
–But also “doing it own way”
•IP enforcement picking up
–Very strong enforcement with no regard to development needs

7. State of L&Es
–Failure of courts to devise-case-by-case educational/public interest exceptions
–Need to equip law enforcement organs with capacity to balance competing interests

8. 4. Considerations for an International Instrument on L&Es for education
•Minimum mandatory L&Es
–Different categories of users
–National legislation and best practices
–Balanced IP system
•History lessons and cautionary notes
–Comprehensive copyright reform treaty?
–Adapt to Africa realities

9. 5. Some Suggestions on the Way Forward
•Compulsory licensing for various reasons including development purposes
•General exception eg public interest or national security
•Oblige TPM owners to provide access to educational uses

10. Some Suggestions on the Way Forward
•Allow parallel importation
•Provide compensation for commercial uses or CL

11. Way Forward: Next steps
•Craft clear minimum L&Es
•Clear guidance on L&Es to educational and research institutions
•Sensitization on copyright and development
• training law enforcement organs

12. Thank You
Susan Isiko Strba