Sanctions unlikely as US reviews SA’s copyright laws

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Proposed amendments to copyright legislation has US officials examining SA’s eligibility under the Generalised System of Preferences

against the SA government’s efforts to update the country’s outdated copyright legislation. It is the IIPA’s view that there is a lack of intellectual property protection and enforcement in the pending The USTR’s review has been described as threatening

The WTO requires that GSP trade preference programmes be “nonreciprocal” and “designed ... to respond positively to the development, financial and trade needs of developing countries.” SA is a country with the most extreme inequality in the world and faces exclusionary pricing in many markets. It is not prohibited by international law or US trade policy from responding, through broadening copyright exceptions, to similar standards that exist in the US.

Perhaps the most controversial exception in SA’s Copyright Amendment Bill — the exception for the use of whole textbooks when they are not available in SA at nonexcessive prices — is itselfThe various exceptions the Copyright Amendment Bill adopts are framed in terms that commonly appear elsewhere. For example, the bill’s exception for educational uses of excerpts for teaching can be found in more than 70% of countries in Latin America and Africa.

 

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Sanctions unlikely as US reviews SA’s copyright lawsProposed amendments to copyright legislation has US officials examining SA’s eligibility under the Generalised System of Preferences
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