Susan Isiko Štrba, A Model for Access to Educational Resources and Innovation in the Developing World, In Daniel Gervais (ed.), Intellectual Property, Trade and Development, Strategies to Optimize Economic Development in a TRIPS-plus Era, Second Edition

https://global.oup.com/academic/product/intellectual-property-trade-and-development-9780199684700?cc=us&lang=en&

Abstract

 

A model for access to educational resources and innovation involves several elements. There is need for experiments with different approaches. Some will work better for certain countries than others, depending on a number of factors, including the level of development and membership in developing country trading blocs. The starting point is for each country to decide the national educational and innovation goals it wants to achieve then decide what to do with copyright — either use it to achieve the identified goals or use other means. Where developing countries have to choose between copyright and access to educational resources and innovation, they should be guided by the test of ‘greater impact to society’ More here:

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2839765_code2077896.pdf?abstractid=2839765&mirid=1

Susan Isiko Štrba, Institutional and Normative Considerations for Copyright and Access to Education in Developing Countries: Rethinking Incremental Solutions Through Limitations and Exceptions (September 13). Queen Mary Journal of Intellectual Property, Vol. 3 No. 2, pp. 96–117. Available at SSRN: https://ssrn.com/abstract=2839760

Abstract

This article considers both national and multilateral approaches to facilitate access to copyrighted materials for educational purposes in developing countries. It emphasizes the need for both normative re-ordering and institutional reform. In case of normative re-ordering, the article highlights the role that national institutions like courts, in addition to legislators, might play in crafting case-by-case educational exceptions. However, it argues that limitations and exceptions in themselves are insufficient doctrinal mechanisms on which to place the sole burden of facilitating effective access to educational materials. At the international level, the article proposes an approach that goes beyond the current emphasis on limitations and exceptions. Such an approach should evolve within the international intellectual property (IP) system and its affiliated institutions like WIPO and the WTO. The failure of attempts to provide normative solutions for access to other public goods such as public health or climate-related technologies, strongly suggests that institutional reform and normative re-ordering must be simultaneously pursued in the international arena. The article suggests that in the area of copyright and access to education, WIPO is the best institution to lead in devising multilateral solutions. However, it should minimize its emphasis on treaty making and instead place more emphasis on quasi-legal and non-legal mechanisms. The article evaluates recent institutional and normative reforms in WIPO, including the Development Agenda and the activities of the Standing Committee on Copyright and Related Rights, as a structural basis for creating a platform for a new approach to access to public goods governed by the international copyright system.

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2839760_code2077896.pdf?abstractid=2839760&mirid=1

Susan Isiko Štrba of IQSensato at WIPO SCCR 24 negotiations on copyright exception

Susan Isiko Štrba, International Copyright Law and Access to Education in Developing Countries: Exploring Multilateral Legal and Quasi Legal Solutions, Brill, 2012

Abstract

International Copyright Law and Access to Education in Developing Countries: Exploring Multilateral Legal and Quasi-Legal Solutions, offers an understanding of the legal relationship between copyright regulation and access to education in developing countries, and explores both institutional and normative ways to facilitate access to printed educational and research materials.

Keywords: Developing countries, copyright law, access to education, developing Agenda, Doha Declaration on TRIPS and Public Health, WIPO, WTO, limitations and exceptions, flexibilities, Berne, Berne Convention, A, Compulsory licensing appendix