Professional Documents
Culture Documents
Wipo Pub 121 2011 01 PDF
Wipo Pub 121 2011 01 PDF
Wipo Pub 121 2011 01 PDF
4 AN INTERVIEW WITH
LAWRENCE LESSIG
7 PENGUIN TURNS 75
21 FESMAN III
A Global Celebration
of African Culture
The World Health Organization (WHO), the World Intellectual
Property Organization (WIPO) and the World Trade
Organization (WTO) are organizing two events in February
2011, relating to access to medicines, patent searches and
freedom to operate:
and
The Workshop will focus on basic and practical concepts of how to undertake patent searches and
freedom to operate analyses.
The Symposium will enable participants to more clearly identify the needs of users and providers of
IP information.
The events will be conducted in English only. Full program and registration details are available at:
www.wipo.int//meetings/en/2011/who_wipo_wto_ip_med_ge_11/index.html
GENEVA, FEBRUARY 2011
CONTENTS
PENGUIN TURNS 75
7
19 OUTREACH
RAISING IP AWARENESS IN WEST AFRICA
FESMAN III
21 A GLOBAL CELEBRATION OF AFRICAN CULTURE
IN THE NEWS
signed to reflect a balanced approach to combat- Competition law and building respect for IP
ing counterfeiting and piracy. This years theme is explores solutions for the pro-competitive use of IP
Building respect for IP: sustainable solutions to a rights.
global problem. As an increasing number of in- Anti-counterfeiting initiatives in France
dustries are the target of counterfeiting and pira- IP enforcement and sustainable development
cy and as new distribution patterns emerge and perspectives and challenges analyzes the ele-
against a backdrop of ever-tightening budgets, ments fuelling IP infractions in a broader societal
the search for effective strategies is evermore im- context and addresses the need for balance in IP
portant. The Global Congress offers a multi-stake- enforcement regimes to identify solutions that
holder platform to consider innovative and effec- contribute to sustainable development.
tive ways of disrupting and curbing the illicit Addressing counterfeiting and piracy in the vir-
global trade in counterfeit and pirated goods. tual world aims to enhance understanding of the
Overall, the aim of the Congress is to create a bet- scope and depth of counterfeiting and piracy on-
ter understanding of the elements underlying the line and the tools required to tackle it.
trade in illegitimate goods, and to discuss sus- Financing effective enforcement innovative ap-
tainable solutions to stop it. This years innovative proaches explores options for harnessing collec-
program is designed to encourage maximum in- tive resources for the most cost-effective solutions.
teraction and dialogue among participants. A se- The cost of cleaning up explores acceptable so-
ries of plenary and boardroom dialogue sessions lutions to recover from the infringer the mounting
covering a range of new issues offers a fresh look costs associated with storage and destruction of in-
at ways to combat counterfeiting and piracy and fringing goods.
build respect for IP. These include: Corporate social responsibility nurturing re-
spect for IP explores how partnerships between
Plenary Sessions: governments and investors with CSR policies linked
Building Respect for IP to sustainable development can foster more effec-
Protecting consumer safety; a critical driver to tive enforcement results.
fight counterfeiting highlighting the multiple Government agreements and initiatives explores
risks to consumer safety and exploring effective in- the perspectives of developing and developed
tervention strategies to protect consumers. countries on the formation and impact of government
Responsible destruction; eco-friendly and socially initiatives to protect IP and combat this illicit trade.
equitable disposal of infringing goods discussing The power of education and awareness in build-
ways and means of disposing of infringing goods in ing respect for IP explores the public education
an environmentally friendly way and in the societal challenges in communicating the economic and
interest. social harms associated with counterfeiting and
piracy and will seek to develop new tools through
Boardroom dialogue public-private sector collaboration.
sessions include: Securing the supply chain understanding the
Creating and refining the means for efficient en- customer considers how to safeguard consumer
forcement aims to foster closer public-private safety and the integrity of official supply chains
sector cooperation to detect and curb the produc- which are increasingly infiltrated by infringing goods.
tion and distribution of infringing goods.
Determining the impact the importance of meas- The 6th Global Congress is being co-hosted, under
uring the scope and impact of infringement the high patronage of the President of the French
assesses existing approaches and methodologies Republic, by the French Institut national de la pro-
for determining the impact of counterfeiting and prit industrielle (INPI).
identifies solutions to bridge existing gaps.
4 FEBRUARY 2011
AN INTERVIEW WITH
LAWRENCE LESSIG
Amid the gathering copyright storm of the early noughties, which pitched the established copyright
world against new-found digital creators, Lawrence Lessig and his colleagues sought to establish a mid-
dle ground by launching the Creative Commons (CC) Project. In this interview, Professor Lessig explains
how Creative Commons came about, and why he thinks it is so popular. He also shares his views about
what needs to be done to translate copyrights legal architecture, born in the 19th century analogue
world, to the realities of the 21st century digital world.
What motivated you to set up Creative Commons? freedoms they wanted them to carry. This system
affirms a belief in copyright, because it is in
At the turn of the century, we saw a kind of per- essence a copyright license, but it also affirms the
fect storm for culture on the horizon. We had a values that underpin those creative environments
digital infrastructure that encouraged a wide or ecologies in which the rules of exchange are
range of sharing, remixing and publishing that not defined by commerce but depend on the abil-
just could not have happened in the 20th century. ity to share and build on the work of others freely.
We also had an architecture
Photo: L. Lessig
Why do you think it has become such a popular Different licenses support different creative
model? ecologies. The non-commercial license, for exam-
ple, supports the amateur ecology of creativity,
There are political and practical reasons for this. allowing creators to know that their works will be
The political reasons are related to what I call the used by others according to the rules of sharing
copyright wars. Some people want to find a dif- and not the rules of commerce. When you pro-
ferent way to regulate creativity, and do not be- duce a photo and post it on Flickr, selecting a
lieve that a narrow and rigid application of copy- non-commercial license for its use indicates that
right law in the digital age makes sense, you are happy to share it with others for non-
especially for activities in the areas of education commercial purposes. If, however, someone
and scientific research and for amateur works. wants to use it to illustrate the cover of a CD they
There are also important practical reasons as well. intend to sell, the Creative Commons Plus
In universities, for example, in the same way that Protocol offers a simple, cost-free means of li-
students need to learn to write, they also need to censing that same work for commercial purposes.
learn how to use digital media, for video, film or
remixing music. That is what it means to be liter-
Creative Commons
ate in the 21st century. has launched projects
in some 80 countries
CC-licensed material is a safe alternative to the
extremely expensive and cumbersome process of
obtaining licenses for students to engage in the
creative opportunities presented by digital tech- The simplest and freest license, the attribution on-
nologies. It is an alternative to just ignoring copy- ly license, supports the professional, amateur and
right and to exposing academic institutions to scientific ecologies of creativity, because it pro-
significant liability. duces free resources that can be drawn on and
used at will. The attribution license indicates that
Is a CC license something anybody can use? licensors are completely open to others making
commercial use of their creative works. In 2010, for
If they cannot, it is a failure on our part. Our idea example, the broadcaster Al Jazeera released a
was to create a simple way for authors and copy- huge archive of its video material under such a li-
right owners to make content available with the cense, meaning that anyone can take that raw
freedoms they intend it to carry. In sum, it is a footage and use it as long as the content is attrib-
some rights reserved model whereby certain uted to Al Jazeera. This serves the organizations
rights are reserved by the copyright owner and commercial objectives, enabling it to spread its
others are released to the public. brand using infrastructure-free licensing. In 2009, 1 For these ecologies,
Wikipedia also adopted CC for all its licensed ma- control of creativity is
The licenses are structured in a way that gives cre- terial and happily encourages its commercial use. important to ensure
the artist receives the
ators choices in the uses and freedoms they The only requirement is that if you make changes, compensation that
would like to allow. The licenses support different you must allow others to use the changed materi- gives him the incentive
ecologies of creativity those with money1 at the al under the same type of license. to continue creating.
2 Where the creator
core and others operating in the sharing econo-
creates for the love of
my.2 By selecting simple freedoms and restric- Is there any concrete evidence that businesses are creating and not for
tions, creators can choose to enable others to growing up around this model? money.
share their work or remix it, subject to the restric-
tion that this use must be only for non-commer- Certain businesses could not exist were it not for
cial purposes or that any derivative must be re- this kind of licensing. For example, businesses
leased under a similar share alike license. supporting remixed music sites that encourage
people to contribute remixes or to take their mu- >>>
6 FEBRUARY 2011
sic and to remix on top of it. Without CC-licensed free society depend on people having an intuitive
music, it would be impossible to do this legally. sense of why they exist. The fact is that the cur-
Music encompasses an extremely complicated rent copyright law architecture does not make
suite of rights, and negotiating those related to sense. It is not that copyright is not important it
publishing and recording is extraordinarily com- is critical but that, in its current form, it fails to
plicated. CC licenses radically lower transaction ensure adequate incentives and fails to protect
costs for such works. There is now a huge archive necessary freedoms in the digital environment. It
of CC-licensed music. I am not saying that illegal was built for a different world so lets just update
versions do not exist, but that legal versions de- it and adapt it to this world so that we can raise a
pend essentially upon this kind of licensing. generation that continues to believe in it.
If you had a crystal ball, what would it say about I think if the copyright regime focuses on the
how copyright will evolve in the next 10 years? people we are supposed to be helping, the artists
and creators, and builds a system that gives them
The crystal ball has a question mark in its center. the freedom to choose and to protect and to be
There are some fundamental choices to be made. rewarded for their creativity, then we will have
We will either choose to continue to wage a the right focus.
hopeless war to preserve the existing architecture
for copyright by upping the stakes and using bet- What message would you give to a young artist
ter weapons to make sure that people respect it. starting out?
If we do this, public support for copyright will
continue to weaken, pushing creativity under- I think the message today is, nobody knows, and
ground and producing a generation that is alien- experimenting is what we have to encourage.
ated from the copyright concept. Artists need to recognize that and need to be
part of the process. As a lawyer, and a founder of
Alternatively, we can make peace and think about Creative Commons, I do not tell artists that they
a more sensible architecture for copyright in the ought to give away their stuff for free. I tell them
digital age, determining what it should look like that they need to use the tools available and to
and how to establish it. WIPO has a key role to experiment to find out what works for them.
play here; for example, in leading the process by
establishing a blue-sky commission to come up What motivates you?
with simple and clear recommendations for a sys-
tem that is in tune with the digital age; a system There are very few people in our society who are
that ensures that incentives are safeguarded actually free to say what they believe. I am in an
while freedoms are assured. extremely fortunate position in having this enor-
mous gift of freedom and believe I should try to
If we design an architecture that makes sense to use it to do something useful for society. As long
developing countries; that ensures artists are paid as I feel as if I have something to say, Ill continue
while protecting freedoms for scientific and ama- to try to do that.
teur creativity, then I think we could find that
copyright is once again a well-grounded kind of
regulation that everybody understands. Laws in a
7
PENGUIN
TURNS 75
From its humble beginnings in 1935, Penguin has grown into one of the most beloved international
brands boasting a back-list of some of the worlds best selling authors. The iconic international publish-
ing company, which turned 75 last year, has published the works of 25 Nobel Prize winners, 16 Pulitzer
Prize winners and 10 Booker Prize winners. It keeps more than 5,000 different titles in print at any time
and with offices in 15 countries, it connects authors with readers across the globe. The group caters to
every stage of a readers life, offering a wide range of genres including popular, literary, and classic fic-
tion as well as non-fiction, travel, lifestyle, childrens and reference works.
The success of Penguin Books lay in its recogni- By the 1960s, Penguin had become firmly estab-
tion of the existence of a vast reading public for lished as a major force in publishing and, true to
intelligent books. By offering entertaining and its pioneering roots, helped to transform Britains
good quality contemporary literature at low cost, legal landscape. In 1960 the company was 1 The publisher was
Penguin converted the reading public from charged under the Obscene Publications Act for knighted in 1962.
book-borrowers into book-buyers. publishing D.H. Lawrences Lady Chatterleys Lover.
The book was notorious at the time for its explic-
The simple and distinctive appearance of the it descriptions of the physical relationship be-
book covers three horizontal bands, the upper tween a working class man and an aristocratic
and lower of which were color coded orange for woman. Penguin fought back, and won its day in >>>
8 FEBRUARY 2011
court with an acquittal. This landmark victory John Makinson notes, Our industry is changing
marked a turning point in British censorship law, fast and the new landscape demands something
fuelled the companys ever-expanding popularity different from us. Digital technology is altering the
and boosted the novels sales Penguin sold 2 shape of book publishing, creating tremendous
million copies in six weeks. new opportunities but also putting unprecedent-
ed pressure on our costs and our traditional ways
A year later, in 1961, Penguin Books became a of working. He added, we have to stay ahead if
public company setting a new record on the we are to grow and prosper.
London Stock Exchange with a share offering that
was oversubscribed 150 times. Penguins digital business is thriving with an ex-
panding portfolio of some 15,700 eBook titles
A new venture launched in 1967, the Allen Lane available around the world on multiple platforms.
The Penguin Press imprint, allowed Penguin to The company is taking advantage of new technol-
publish in both hardback and paperback. ogy to connect readers with their favorite authors
Following the death of the companys founder, Sir online and to deliver books to readers in their pre-
Allen Lane, in 1970, Pearson, the international me- ferred format. In 2010 the company launched a
dia group, bought Penguin. Since that time, the number of digital initiatives, including:
company has continued to expand and develop a partnership with Apple on the launch of their
and remains a major and vital publishing force. iBookstore and iPad in April, Winnie the Pooh by
A.A. Milne, was preloaded onto the device;
Throughout its history, the company has em- the launch of the Groups first priced applica-
braced, and often been a pioneer of, new tech- tion (app) Topsy & Tim Start School by
nology in its drive to keep pace with a rapidly Ladybird (part of the Penguin Group) which
changing book publishing landscape. walks children and parents through the life-
changing experience of starting school;
In the 1960s new techniques such as phototype- the release of a new iPad app, Spot Goes to
setting and offset litho printing dramatically re- School, to mark the 30th anniversary of the pub-
duced printing costs and paved the way for the lication of this popular childrens book. The in-
introduction of photography and novel ap- teractive lift-the-flap story offers children a
proaches to graphic design on paperback covers. fun-filled and captivating reading experience.
Penguin U.S. launched
Some 30 years later in 1993, a groundbreaking Amplified
Penguin Audiobooks were Edition of The Pillars of the
launched, bringing a mix of Earth by Ken Follet in partner-
classic and contemporary ti- ship with Starz LLC that
tles to a listening audience showcases video clips, art-
and using only the finest ac- work and original music from
tors to record them. Over 300 the Starz Originals TV series
titles are now available on CD based on the book.
or as downloadable eAudio-
books. Penguin was also the Penguin U.K. claimed another
first trade publisher to have a first in 2010 with the publica-
website www.Penguin.co.uk and tion of The Fry Chronicles, the
the first to open an eBook store, second volume of Stephen
known as ePenguin, in 2001. Frys2 autobiography, in five
different formats (hardback,
2 Stephen Fry is an
With the advent of digital tech- audio book, app, eBook and
English actor, nologies, the book publishing enhanced eBook). This popu-
screenwriter, author, industry, like so many others, is lar book, which rose to num-
playwright, journalist,
undergoing a major transfor- ber one across all formats of-
poet, comedian,
Photo: Penguin Group
Today, the Penguin Group publishes under a wide range of market-leading imprints and prominent
trademarks, including:
Dorling Kindersley (publishers of dynamic travel, reference and childrens books), acquired in 2000;
Frederick Warne, best known for its Beatrix Potter titles and acquired in 1983;
Ladybird;
Penguin;
Puffin; and
Rough Guides (travel and music publishers), acquired in 2002.
The 75th anniversary of Penguin Books has been Penguin seeks to be truly the home of reading,
an opportunity for the Group to reinforce the vis- offering something for readers of all ages and
ibility of its brand with a range of activities organ- covering a wide range of interests. Its prestigious
ized around the globe. These include: back-list of authors is unparalleled in breadth,
depth and quality and a veritable whos who of
The launch by Penguin Australia of 75 new the industry. Let us hope that the distinctive
Popular Penguins, featuring classics such as black-and-white penguin on an orange back-
Northanger Abbey and Robinson Crusoe as well ground that has shaped the popular literary land-
as titles by some of Australias best known and scape of the past continues to thrive in the future.
most popular writers.
The launch of the Ink Series in the U.S., six
Penguin Classics with art by some of the most
prominent tattoo and poster artists of our day
10 FEBRUARY 2011
ONLINE MUSIC
LICENSING A WAY
OUT OF THE MAZE
At the conclusion of the 2008 annual report of Hungarian authors society Artisjus, director general
Andrs Szinger characterized the current European digital market as representing a chaotic period of li-
censing. He was not alone in this view. While authors societies are currently grappling with the issue of
licensing, music publishers, broadcasters and digital music suppliers also have a stake in finding a viable
solution. Each is seeking to speed up the creation of a pan-European digital music market, and each is
seeking to do this on their own terms. Consequently, the European music licensing landscape is pre-
senting significant challenges. In this article, Phil Hardy, Editor of theviewfromtheboundary1 explores how
this came about and a possible way forward.
Photo: iStockphoto/Cesair
time, in conjunction with CISAC, they appealed ways of administering rights in the digital arena.
the ECs ruling. The first to act was EMI Music Publishing (EMI MP),
which together with the UKs PRS for Music and
As the RTL case played out, the EC published rec- GEMA established CELAS as the sole administra-
ommendations4 for online licensing which, accord- tor of digital rights for EMI MPs Anglo-American
ing to Charles McCreevy, Internal Market and repertoire. Other databases followed, including
Services Commissioner (2004-2010), sought to Harmonia, a body jointly operated by French so-
make it easier for new European-based online mu- ciety SACEM, Spanish society SGAE and Italian so-
sic services to take-off. Rather than retaining or ciety SIAE to administer the digital rights of the
modifying the system of reciprocal agreements be- Universal Music Publishing Group; a deal con-
tween national societies, the EC favored the intro- cluded by Sony/ATV with GEMA to exclusively
duction of a new scheme allowing rights owners to represent its Anglo-American repertoire; and
authorize a single society to manage online use of agreements between music publisher Warner
works across the EU. This was expected to lead to Chappell and other European societies.
the emergence of a few powerful societies for both
online and offline licensing of musical works. Collectively these moves have resulted in the
chaotic licensing situation, described by Andrs
Larger authors societies, such as the UK Music Szinger. Moreover, users have lost access to a sig-
Alliance (now PRS for Music) welcomed the move nificant proportion of the global music repertoire
claiming it was the starting shot for an online land as leading music publishers favor exclusive deals
rush across Europe, and an opportunity to create with specific societies over bilateral agreements
better services and better rates for its members. with national collecting societies. The supposed
advantages of introducing the proposed new
Commissioner Herbert Ungerer, Deputy Director- scheme have been lost because of the fragmen-
General for state aid policy in the Directorate- tation of the global repertoire.
General for Competition (DG COMP), welcomed
this response noting as the Europe-wide and A possible solution
global music markets change fundamentally, the
business models of collective rights management A growing number of stakeholders broadcasters,
will have to change inevitably as well. Internet service providers (ISPs), online music serv-
ices, record companies, authors societies, technolo-
Music publishers, as right holders, also favored gy experts, and lawyers are calling for the admin- 4 Recommendations
the introduction of the proposed new scheme as istration of copyrights to be reformed in Europe. Concerning Collective
it offered them greater control over the manage- In 2009, the EC took action to resolve the still press- Cross-Border
Management Of
ment of their rights, particularly given the in- ing music licensing problem. Neelie Kroes who Copyright And Related
creasing use of central licensing deals for me- was, at that time, European Commissioner for Rights For Legitimate
chanical royalties5 by societies in the 1990s. Under Competition6 noted There is a clear willingness ex- Online Music Services
(2005)
such deals, music publishers were losing out as a pressed by major players in the online distribution 5 The royalty due from
society reduced the fees it charged record com- of music in Europe to tackle the many barriers the sale of each piece
panies and collected on behalf of music publish- which prevent consumers from fully benefiting of recorded music
6 Neelie Kroes became
ers and composers when all such payments were from the opportunities that the Internet provides.
European
channelled through them. Commissioner for
In 2010, with a view to improving online music Digital Agenda in 2010.
New approaches opportunities for European consumers, the EC
launched two initiatives. The first promised better
Major music publishers and collecting societies access to the world music repertoire with the par-
have made various attempts to simplify the on- tial reintegration of the global repertoire through
line music licensing landscape, proposing new a range of non-exclusive deals with various >>>
12 FEBRUARY 2011
authors societies. The second involved a proposal the links between each musical work and all
to establish a global repertoire database (GRD) sound recordings or music videos on which it
database for musical works and sound recordings. appears
A GRD would bring together the information held public domain works.
by different societies to provide a single, com-
plete and authoritative account of the global These elements are widely considered to hold the
ownership and control of musical works. Its aim is key to the success of a GDR. The technical chal-
to lower the barriers to businesses seeking to dis- lenges of establishing a GDR are clearly solvable;
tribute content online, to ensure that creators of far more problematic are the political questions:
musical works are compensated in a fully trans-
parent way and to improve access to the global Who is to own, administer and maintain the GDR?
musical repertoire. How are works to be registered?
How is access to the GRD to be determined?
Given the complexity of Europes licensing land-
scape, the business case for a GRD is compelling. As Initial proposals by various interested parties sug-
noted by the EU, It can no longer be assumed that gest that the ownership and running of a GRD
if a music publisher or musical work CRM [copy- must be by a fully independent body, such as the
right manager] is located in a specific territory it is World Intellectual Property Organization (WIPO).
in a position to issue a license for the exploitation of WIPO has extensive experience in developing, de-
the musical works in that territory or on a multi-ter- ploying and managing international filing and
ritory basis. This is further complicated by the fact registration systems, such as the Patent Coopera-
that for the online exploitation of musical works, tion Treaty (PCT) which facilitates the process of
the authority to license musical works may be held obtaining patent protection in over 140 countries
differently from the way the territorial off-line own- and the Madrid System for the International
erships and authorities are held. This essentially Registration of Marks which offers a cost-effective
means that a society may be appointed to license means of registering and subsequently managing
certain rights for specific works in one territory but trademark rights internationally. Something simi-
may not be automatically granted the right to li- lar could serve as a GRD, with the cost of register-
cense the same rights outside that territory. While ing works charged to rights owners who will ben-
7 The recording attempts have been made in the past to establish efit most from making their works more easily
industrys International
databases to facilitate the online licensing of music, accessible to users.
Standard Code (ISRC)
to track digital use and these have met with limited success.7
CISACs proprietary WIPO Director General, Francis Gurry, fielded the
Common Information The EU envisions the GDR as the central reposito- idea of a GRD at the WIPO Conference on Facilita-
System (CIS) have
enjoyed limited ry of information to identify all known musical ting Access to Culture in the Digital Age in early
success. Various tracker works including: November 2010 as an idea whose time has
systems have also been writer(s) of each musical work come. The challenge is to generate a broad com-
developed, (e.g. BMIs
Blue Arrow, ASCAPs
ownership of the rights shares attributed to mitment among policymakers and other stake-
Mediaguide) but these each party for each musical work on a territo- holders to turn the idea into a workable reality.
are client and job ry-by-territory basis A GRD that brings together the fragmented infor-
specific and unable to
the entity authorized to grant licenses mation hosted by collecting societies relating to
perform the broader
range of tasks whether on an exclusive or non-exclusive ba- musical works, their ownership, control or admin-
envisaged for a GRD. sis and whether for an off-line or on-line ex- istration, would go a long way to bringing order
ploitation, by rights share, by right type (e.g. to the current licensing confusion and WIPO
public performance, reproduction etc.), by use seems well placed to take up the challenge.
type (e.g. online of offline) and by territory
all known sound recording and music video
data including the name of the main artist
13
PARMESAN
THE KING OF CHEESES
Photo: Conzorzio del Formaggio Parmigiano-Reggiano
Known as the King of quickly digested and easily Only cheeses produced
Cheeses, Parmesan, or assimilated. Vaunted as a according to the rules of
the Production
Parmigiano Reggiano was first miniature storehouse of con- Regulation may bear the
produced by Benedictine centrated nourishment, it is distinctive Parmigiano
Reggiano marks.
and Cistercian monks a thou- rich in proteins, lipids, calci-
sand years ago. Over the um and phosphorus and low
centuries, it has acquired in fat and cholesterol com-
global prominence and is pared to other cheeses.
now a hugely popular
choice for food-lovers the The Conzorzio
world over. While this popularity translates into a del Formaggio Parmigiano-
persistent and healthy demand, it has also resulted Reggiano
in parmesan becoming one of the most imitated
agricultural products in the world. As consumers, In spite of its widespread renown, Parmesan pro-
how can we be sure that we have purchased the duction was relatively small until the early 1900s,
real deal? In this article, WIPO Magazine explores when it expanded dramatically. Facing competi-
how the producers of Parmigiano Reggiano have tion from cheaper imitation products, dairy farm-
acquired legal recognition that their cheese is the ers joined ranks to form the Conzorzio del
one and only Parmesan. Formaggio Parmigiano-Reggiano (the Consortium)
in 1934. Since that time, the Consortium, which
About Parmesan represents the interests of some 409 dairies in an
area encompassing around 3,676 milk producers,
The method of producing this hard, grainy1 cheese, has actively promoted consumer awareness of
which is cooked and not pressed, has changed lit- the uniqueness of Parmigiano Reggiano. It also
tle over the centuries. Cheese-makers today use plays a key role in upholding the products name
the same natural ingredients as their predecessors and defending it against improper use.
An historical product
Literary references to Parmesan date back to the 14th century. Boccacios 1348 work The Decameron re-
lates and there was a whole mountain of Parmigiano cheese, all finely grated, on top of which stood
people who were doing nothing but making macaroni and ravioli.
An entry by British Diarist, Samuel Pepys during the Great Fire of London in 1666 notes that he buried
his Parmezan cheese to save it from the advancing fire.
1 The white crystals
composed of the
aminoacid tyrosine
did (raw milk, rennet and salt) and employ the So what legal measures has the Consortium taken give the cheese its
same care and craftsmanship. An iconic Italian to safeguard the name of Parmigiano Reggiano? characteristic crunch
food, Parmigiano Reggiano2 is produced in a well- and result from its
maturing process.
defined area of northern Italy the provinces of As Parmesans distinctiveness and qualities are
2 Meaning literally of
Parma, Reggio Emilia, and Modena and Bologna closely linked to its place of origin and method of Parma and of Reggio
(on the left bank of the Reno River) and Mantova production, it qualifies for protection as a geo- Emilia.
(on the right bank of the Po River). Many different graphical indication (GI). Put simply, a GI is a sign
factors determine the unique quality of Parmigiano used on goods which have a specific geographi-
Reggiano cheese from the soils used to produce cal origin and particular qualities or reputation
the fodder on which the cows graze to the skills arising from that place of origin.
used in the cheese-making process. Made from a >>>
mixture of full fat and skimmed milk, Parmesan is
14 FEBRUARY 2011
The Consortiums quest to obtain international le- International protection for GIs was further clari-
gal protection for Parmigiano Reggiano began in fied following the conclusion of the Agreement
earnest in the 1950s, following the signature of on Trade-Related Aspects of Intellectual Property
an International Convention on the Use of Appel- Rights (TRIPS) on April 15, 1994 (Articles 22 and
lations of Origin and Denominations of Cheeses 24). Broader Europe -wide recognition of
on June 1, 1951, in the Italian town of Stresa. Parmigiano Reggiano occurred in 1996 when it
Signatories of the Stresa was among the first
Photo: Conzorzio del Formaggio Parmigiano-Reggiano
company should stop making a product that In spite of its increasing ability to tackle imitators
mimicked Parmigiano Reggiano. Commenting on of its iconic cheese, the Consortium continues to
the verdict, the Consortiums Director, Mr. Leo face challenges associated with the complexity of
Bertozzi, said it demonstrates that true protec- the legal landscape. In a recent case in Mexico, the
tion is possible when working tenaciously and se- Consortium pursued a company that had unduly
riously. He added, this result reinforces our com-
mitment to continue monitoring the market in
the interests of consumers.
The secret of the goodness
originates in the place of origin,
In the many countries in which GIs are actively
protected as a form of intellectual property, some
in the natural feed, and in the high
provide a specific or sui generis system of GI laws quality milk with no additives.
and others opt to use their trademark systems8 Conzorzio del Formaggio Parmigiano-Reggiano
(using collective or certification marks), laws
against unfair competition, consumer protection named its product Parmigiano Reggiano and af-
laws, or specific laws or decrees that recognize in- fixed on it identical or similar symbols or indica-
dividual GIs. This has important implications for tions to those registered as collective marks by the
an entity such as the Consortium insofar as efforts Consorzio, namely Parmigiano Reggiano (Reg. No.
to defend the interests 650677) and Parmigiano
Photo: Conzorzio del Formaggio Parmigiano-Reggiano
The Lisbon Agreement was concluded in response to the specific need for an international system to
facilitate international protection of a special category of GIs, namely, appellations of origin by means
of their registration with WIPO through a single, simple and cost-effective procedure.
In many countries, goods bearing an appellation of origin represent a substantial share of exports. As eco-
nomically important assets, it is important that such appellations are effectively protected against appro-
priation in the largest possible number of countries. The Lisbon system can help countries protect their na-
tional economic interest by facilitating the registration of these appellations in multiple countries.
The Working Group on the Development of the Lisbon System was established in 2008 to explore ways
to expand the geographical scope and effectiveness of the Lisbon system. At its last meeting in
11 The second meeting Autumn 2010,11 the Working Group expressed broad support for:
of the Lisbon Working opening up the Lisbon system to the accession of competent international organizations (IGOs),
Group took place in such as the European Union and the African Intellectual Property Organization (OAPI);
Geneva from August
30 to September 3, introducing two separate definitions in the Lisbon Agreement; one for AOs and another for GIs; such
2010. a development would accommodate a broader spectrum of national systems;
extending the protection conferred by the Lisbon Agreement to traditional non-geographical indi-
cations, i.e. products that bear non-geographical names but which have a geographical connota-
tion, e.g. grappa.
The Working Group also requested that WIPO prepare draft provisions on a range of topics, including
definitions, scope of protection, prior users, applications for trans-border AOs and GIs, and accession
criteria for IGOs. It also called for WIPO to prepare a study on the possibility of dispute settlement with-
in the Lisbon system.
VACCINE DELIVERY
BREAKTHROUGH
Isis Innovation
Isis Innovation, Oxford Universitys technology transfer company, manages the Universitys intellectual
property portfolio. It works with University researchers to identify, protect and market technologies
through licensing, through the establishment of spin-off companies and through sales. On average, Isis
Innovation files one new patent application each week. It has concluded 400 technology licensing
agreements and established 64 spin-off companies. Isis also manages Oxford University Consulting
which offers services to clients seeking to enhance innovative capability by giving them access to the
world-class expertise of the Universitys academics. A separate business division, Isis Enterprise, offers
consulting expertise and advice in technology transfer and open innovation to a global client base in-
cluding universities, governments and industry. Established in 1987, Isis Innovation is one of the worlds
leading technology transfer and innovation management companies www.isis-innovation.com
Photo: Oxford University
Oxford University and Nova Cost is a key issue for the deploy-
Laboratories have submitted a ment of this technology in the
patent application in relation to longer term. As noted by Dr.
the stabilization of vaccines Zaffran, the catch 22 is that be-
based on viruses. Patents have al- cause many vaccines continue to
ready been granted on the HydRIS be used that require a cold chain,
Dr. Matt Cottingham, delivery device described as a there is little incentive for coun-
lead author of pharmaceutical device for the tries to purchase a heat-stable
the study. administration of substrates to vaccine if it is more expensive
patients in most EU countries. than a non-heat-stable formula-
For Novas Managing Director, Isis Innovation, Oxford Universitys tion of an equivalent vaccine.
Peter White, this new technique technology transfer company is
3 Most strains of
of drug delivery is one of the currently working with the re- The Jenner Institutes expertise in
H. influenzae are most exciting developments in search team to put a commercial vaccine development and clinical
opportunistic pathogens. the British pharmaceutical and strategy in place for the develop- testing combined with Novas ex-
They usually live in
biotechnology industries, espe- ment of the technology. pertise in sugar-based formula-
their host without
causing disease, but cially as it can be used for highly tions and drug manufacturing,
cause problems only unstable products, for instance The next step for the researchers Dr. Bregu said, gives us confi-
when other factors vaccines for malaria. is to validate the usefulness of the dence that we are on a fast and
(such as a viral
infection or reduced technology for other vaccines well integrated path for the pro-
immune function) Preparing vaccines that do not and medicinal products that gression of the technology to
create an opportunity. require refrigeration has been place a burden on the cold chain, reach human use within the next
In infants and young
children, H. influenzae
identified as one of the major un- or that are proving difficult or too two to five years.
type b (Hib) causes solved problems of global health. expensive to be formulated by
bacteremia, pneumonia Maintaining the cold chain for other means such as freeze dry- While this promising technology
and acute bacterial
vaccines costs millions of dollars ing (lyophilization). There is con- brings us one step closer to de-
meningitis.
4 GMP is part of a a year. In 2000, the total annual fidence that the technology can veloping vaccines that do not re-
quality system covering expenditure on immunization for be adapted to work with various quire refrigeration, many chal-
the manufacture low-income countries averaged products, said Dr. Migena Bregu, lenges lie ahead. One of those
and testing of active
pharmaceutical US$6 per live birth. By 2010, the spokesperson for the project. relates to what Dr. Zaffran refers
ingredients. cost of immunization with tradi- to as the cold-chain dogma
GMP guidelines which tional vaccines as well as hepatitis Emphasis is also now being placed which has emerged in the past
consist of a series of
general principles that
B and Hib (haemophilus influenza on developing good manufac- 30 years the perception that all
must be observed during type b3) vaccines reached US$18 turing practice (GMP)4 guidelines vaccines require cold storage.
drug manufacture, per live birth according to the WHO. for manufacturing the multi- In fact, at least 15 vaccines that
outline the aspects of
component vaccine-membrane- are transported and stored be-
production and testing
that can impact the Dr. Michel Zaffran, Director of device suitable for human use; tween 2C and 8C could with-
quality of a product. Project Optimize, a WHO partner- demonstrating that the technol- stand temperatures of up to 40C.
ship with the US-based Program ogy is suitable and safe for hu- These include vaccines to pre-
for Appropriate Technology in man use and offers a superior so- vent rotavirus, cholera and typhoid
Health said, the development is lution to conventional means of infections.
going in the right direction. If the administering vaccines; and scal-
process was to be applied to new ing-up the technology so that it
vaccines that would be great. can be produced cost-effectively.
19
OUTREACH
RAISING IP
AWARNESS IN WEST
AFRICA
In this article, the Director General of the African Intellectual Property Organization (OAPI), Mr. Paulin Edou
Edou explains how OAPI is reaching out to members of the public in each of its 16 member states to raise
awareness about the economic, social and cultural benefits of effective intellectual property (IP) protection.
Photo: OAPI
raising awareness about competitive globalized econo-
intellectual property (IP) in OAPI my. The countries in the OAPI re-
member states? gion need to know more about
IP in order to use it to promote
As IP is still rather an obscure economic development. Used
and specialized subject in the effectively and strategically, IP
OAPI region, one of our main has the potential to generate
priorities is to inform and edu- significant social, economic and
cate our target audiences about cultural benefits inventors and
IP, its role and advantages. IP in- creators can earn a living, com-
formation is key in this endeav- panies can advance business in-
or. We cant do anything without terests, researchers can leverage Singers perfoming at an
OAPI outreach event
it. We are, therefore, working to results and governments can tem. The training courses also
improve access to information promote economic well-being. enable journalists to ask politi-
about the IP system and how it cians and IP specialists more
can support business and devel- How is OAPI reaching out to its relevant and probing IP-related
opment interests. There is a target audiences? questions.
great deal to be done to ensure
researchers, academics, compa- The OAPI Media Initiative allows With WIPOs support, OAPI also
nies, students, magistrates and us to communicate with our launched in September 2010 a
other legal professionals have a target audiences. The media new website. This upgraded, user-
solid understanding of the im- television and radio networks, friendly site offers access to a
portance of IP as a tool for eco- newspapers, magazines, the wide range of IP-related informa-
nomic development. The OAPI Internet and journalists are tion and helps fill the IP informa-
Action Plan, which covers 2007- vital partners in helping us to tion gap in OAPI member states.
2012 and which I launched in communicate the message of IP.
2007, puts a great deal of em- Is there any evidence that your
phasis on information and effec- Raising IP awareness among outreach efforts are paying off?
tive communication. journalists how IP works, why
it is important is another im- Yes, we are seeing a growing
Why is IP awareness important portant aspect of the OAPI number of radio and television
in the OAPI region? Media Initiative. That is why, in programs and ne wspaper
cooperation with WIPO, we reg- reports about IP in the region,
IP is an essential element in ularly organize training seminars and more interviews of political
promoting economic develop- on IP for journalists. This helps figures dealing with IP-related
ment. Today, the countries with them to better understand IP questions. In Cte dIvoire, IP
the strongest economic per- and its relevance to economic features regularly in the local
formance are knowledge-based. development. Thanks to these press; in Benin, theres a dedicat-
They use the IP system to add seminars three so far : in ed IP website run by a journalist
value to information, know- Yaound (2008), Libreville (2009) trained by us; and in Mali and
ledge and ideas and to trans- and Brazzaville (2010) a grow- Cameroon, IP-related programs
form these intangibles into con- ing number of journalists are and documentaries frequently
crete economic assets. IP and able to report effectively on the air on national TV networks and >>>
economic growth are closely different aspects of the IP sys- are covered in the written press.
20 FEBRUARY 2011
In Gabon, EYOO, the first-ever Our aim is to continue to expand The OAPI Caravan Initiative is
TV program dedicated to IP, rais- and strengthen the network of proving to be an effec tive
es awareness about IP issues, in IP-aware journalists through semi- means of introducing IP to the
particular copyright, with pro- nars for journalists organized general public. For any high-
grams featuring some of Africas with WIPO. The goal is to have profile event in one of our mem-
biggest artists. contacts across the region, so ber states, the OAPI Caravan sets
up at a local university or mar-
Photo: OAPI
FESMAN III A
GLOBAL CELEBRATION
OF AFRICAN CULTURE
For three weeks at the end of December 2010, Dakar, Senegal, was the cultural capital of Africa in its role
as host to the Third World Black Arts Festival also known as FESMAN III. The event attracted some 3,200
participants, including several heads of state, as well as accomplished artists and creators from 80 coun-
tries. A celebration of African arts and culture, the Festival offered a rich program of conferences, exhibi-
tions and musical and cultural events. In this article, Ren Massiga Diouf, a journalist with Senegalese
National Television offers a taste of what was on offer.
The First World Festival of Black Arts was set up in 1966 in Dakar by
Senegals first President Lopold Sdar Senghor and was organized
around the theme, Significance of Black Art in the Life of People and for
African Renaissance Monument, Dakar, Senegal.
Bronze statue designed by Pierre Goudiaby. the People. It was an opportunity to celebrate African creativity and to al-
low artists of black origin to be known and appreciated in an atmosphere
In December 2010, Senegal set the stage for a of tolerance, mutual esteem and intellectual fulfillment. The second
global celebration of the wealth and diversity of Festival took place in Lagos, Nigeria in 1977 around the theme, Black
African traditions, culture and achievements, Civilization and Education. Many eminent personalities from across the
bringing together artists and intellectuals from globe participated in each of these prior events.
dozens of African and African diaspora countries,
including the United States, Brazil, Haiti, France
and Cuba. The Festival was an invitation for all The 2010 Festival conveys a new vision of Africa
those who share a common African heritage to as free, proud, creative and optimistic and em-
showcase the richness and variety of African cul- phasized dialogue between peoples and cul-
tures. As the Festivals Artistic Director, British tures,1 according to the event organizers. Mr.
playwright and actor, Kwame Kwei-Armah put it, Kwame Kwei-Armah said the Festival was, about
the Festival was an exercise in asking fundamen- the Africa we want to create for tomorrow. Its
tal questions about Africas place and how it re- about artists across disciplines talking about the
lates to the rest of the world and how it intends to future of their art form.2 He noted that a multi-
move itself into the 21st and 22nd centuries. disciplinary festival such as Fesman was impor-
1 http://blackworld
tant because art can be a magnificent catalyst for festival.com/wp/en/
The expansive program, which reflected the debate on any subject we are using these art spirit/foreword/
theme of the Festival African Renewal, Cultural forms to articulate a new African identity, to artic- 2 http://artsbeat.blogs.
nytimes.com/2010/12/0
Diversity and African Unity was broad and di- ulate African renaissance.
7/world-festival-of-
verse, ranging from modern and traditional musi- black-arts-announces-
cal concerts and dance shows to plays, exhibi- The opening ceremony, which took place in the lineup/
tions, fashion shows, literary cafs and conferences. Lopold Sdar Senghor stadium on 11 December
An unprecedented line-up of artists, actors, musi- 2010, set the tone of the Festival, highlighting the
cians, and creators were featured, representing 16 richness of African culture. Renowned African
disciplines, including, the visual arts, photogra- artists such as Manu Dibango, Toumani Diabate,
phy, dance, theatre, music, design, fashion, crafts, Anglique Kidjo, Baaba Maal, Ismal L and >>>
22 FEBRUARY 2011
Youssou Ndour, performed before an audience of Diagne, Dr. Cheikh MBack Diop, Congolese histo-
50,000 people, including several African heads of rian, Mr. Thophile Obenga, Egyptian economist,
state. In a spectacular sound and light show, the Mr. Samir Amin, and many others.
Ivorian choreographer Georges Mamboye
brought together on the stage some 2,000 The eminent Senegalese writer, historian, politician
dancers from across the continent to portray the and President of the Forum and Colloquium
history of black peoples from ancient Egypt Commission, Professor Iba Der Thiam, predicted that
through the slave trade to the independence of Africa will be the continent of the twenty-first cen-
African nations and the current African renais- tury. In his view, the biggest challenge lay in releas-
sance movement.3 Underscoring the theme of ing Africans from the dictates of imposed thought.
unity, the choreographer noted, I think that cul- He called on intellectuals to do their utmost to sup-
ture will be the best way to reconcile everyone port a process of mental decolonization.
What I wanted in this choreography was to get
away from African roots and give them a con- Many commentators recognized that the conti-
temporary tone. nent enjoys impressive wealth and acknowl-
Photo: Festival
Reggae singer Tiken Jah Fakoly from Internationally recognized afro-pop singer-
Cte dIvoire at FESMAN III songwriter, Salif Keita from Mali at FESMAN III.
In his remarks, Senegals President Abdoulaye edged the view that Africa is not poor, it has been
Wade recalled that the message of the Festival impoverished and that the real battle lies in its
was not only to contemplate the Continents bril- future restoration and construction.
liant past, about which Africans should be
proud but to build its future and to strengthen The roundtable discussion on the contribution of
relations within Africa and diaspora countries. He black peoples to science and technology under-
appealed for unity and said, Let us refuse to re- scored the many scientific and technological
main in stagnation while our continent is rich but achievements of the peoples of Africa and diaspo-
which has been impoverished. ra countries. It offered a forum to exchange ideas
on ways to enhance cooperation between Africa
The Festivals rich and varied program also offered and diaspora countries in the use of science and
an opportunity to reflect on the contribution of technology for sustainable development in Africa.
African peoples to human progress. It included a WIPOs representative in the debate, Mr. Marc
3 http://nehandaradio.
series of roundtable discussions on issues of major Sry-Kor, said that an effective intellectual prop-
com/2010/12/16/
zimbabwe-enters-world- concern featuring eminent intellectuals from erty system is an essential element in creating a
black-arts-festival/ Africa, Europe, the United States and diaspora favorable environment for scientific and techno-
countries. These included different aspects of the logical innovation, effective knowledge transfer
African renaissance, the impact of the African brain and the commercialization of goods and services.
drain, and the contribution of black peoples to sci- These, he stressed, were essential factors in en-
ence and technology, art and culture. Speakers in- abling social, economic and cultural develop-
cluded the Senegalese philosophers, Professor ment in Africa and the continents full integration
Souleymane Bachir Diagne and Mr. Mamouss into the global knowledge economy.
23
WIPO was a natural choice as an official partner of the Festival given its commitment to developing a
balanced and accessible international IP system which promotes and rewards creativity, stimulates in-
novation and contributes to economic development while safeguarding the public interest.
The Organizations participation in this major cultural event offered an opportunity to raise awareness
about how strategic use of an effective IP system can bring economic, social and cultural benefits. In
taking the initiative to organize the Forum on Intellectual Property in Art and Culture on December 17,
2010, the Organization was able to reach out to members of the artistic community, intellectuals, pol-
icymakers, consumers and other stakeholders to explain the role of copyright in safeguarding the in-
terests of African creators and in promoting cultural development generally.
Two other roundtables organized by WIPO pro- The continent as a whole lived in time with the
vided an opportunity for policymakers, film pro- Festival. Access to the event was free of charge to
ducers, artists, consumers and many other stake- encourage broad participation. Two purpose-
holders to explore the link between IP protection built Festival villages (in Ngor and Almadies) each
and the promotion of the arts, culture and inno- offering 2,400 places, were home to the many
vation in Africa and beyond. Participants ex- performers who displayed cultural aspects of
changed views on the various challenges con- their respective countries, highlighting the spe-
fronting African creators, particularly the menace cific character of their identity in this area. A
of counterfeiting and piracy, which was threaten- dancer from the Moroccan delegation confided,
ing the livelihoods of many of them. These events Our group performs all kinds of urban dances,
helped raise awareness among the artistic com- the atmosphere is explosive here, we show what
munity about copyright and how it can be used we are able to do, which is the essence of our be-
to license, distribute and commercialize creations ing as Moroccans and Africans, and we are happy
in Africa and across the globe. to express all our talent before such an audience.
Another performer from Mali, Victor Sangar,
A range of literary activities enabled members of thought the village was a great idea, bringing
the public to meet with leading African authors people into contact with each other. Here it is to-
and stimulated debate among school children tal involvement, he noted. For Kwame Kwei-
and students about the challenge of African re- Armah the artists village was like the UN you
newal. Theater productions about African tradi- sit in the cafeteria and Mauritians are jamming,
tion helped many of them to understand the ori- the Guadeloupeans are giving impromptu read-
gin of Negro-African civilization. ings its artistic heaven.4
Concerts were also held in several cities across the This three-week cultural extravaganza, billed as
country. In Dakar, these featured major names the biggest global celebration of black culture,
from the world of music, including Wyclef Jean, To has been characterized as an unqualified suc-
Face Idibia, Anglique Kidjo, Akon, Salif Keita, the cess by Senegals President Abdoulaye Wade.5
great diva, Acha Kon, Bembeya Jazz, Lokua
Kanza, and the French rapper Sad MRoumbaba The director of the Festival, Mr. Abdul Aziz Sow,
alias Soprano. The party atmosphere also spread speaking at the end of the 3-week extravaganza
to regions such as Saint-Louis and Ziguinchor, congratulated all the artists and festival-goers. He
where artists including Alpha Blondy, Tiken Jah said that the event had not only been one of
Fakoly, Youssou Ndour, and Urban Bush Woman singing and dancing, but of a sober reflection 4 www.guardian.co.uk/
performed. The Beninoise singer-songwriter, during plenary sessions during which intellectual stage/2011/jan/
Anglique Kidjo said, as an artist, to celebrate the discourses focused on the past and future role 03/world-festival-of-
black-arts-kwei-armah
richness of African culture that goes beyond the and contribution of black people in developing
5 Reported by the
borders of Africa is an honor, a joy. An Ivorian the creative art and culture sector. The reflections Senegalese Press
singer interviewed by the Senegalese newspaper resulting from these discussions will, he noted, Agency
Festival noted that an event of this scale gives a help shape the future of arts and culture in Africa
different image of Africa an event of this kind and the world as a whole.
enhances African culture. The other Africa, the
Africa which is not continually crying. With
Fesman III, it is an Africa which is not wailing but is
laughing. We are celebrating love and our culture.
24 FEBRUARY 2011
ACCESS TO
KNOWLEDGE
IN AFRICA
The role of copyright
In this article, Dick Kawooya,1 presents the recently published book Access to Knowledge in Africa: The Role
of Copyright. The international interdisciplinary research project known as African Copyright and Access
to Knowledge (ACA2K) started in 2008 with support from the International Development Research
Centre (IDRC) of Canada and the Shuttleworth Foundation of South Africa. Its primary objective was to
Access to Knowledge
in Africa: the role of examine the impact of copyright on access to knowledge in Africa.
copyright can be
downloaded free-of- As a response to the critical need gathering and comparative try studied takes advantage of
charge at:
www.aca2k.org for empirical research in this area, analysis to test two hypotheses: all, or even most of, the flexibili-
and is licensed under the project undertook a compar- first, that the copyright environ- ties that exist in relevant inter-
a Creative Commons
ative study of eight African coun- ments in the countries studied national agreements. The study
license.
tries, namely, Egypt, Ghana, Kenya, currently do not maximize ac- also highlights a disconnect
Morocco, Mozambique, Senegal, cess to knowledge contained in between national copyright
South Africa and Uganda. These learning materials; second, that laws and on-the-ground prac-
countries are broadly representa- changes can be made to these tices in all the countries studied.
tive of Africas linguistic, religious, countries copyright environ- It found that laws and policies
political, economic and historic ments to improve access. The governing copyright in most
diversity, as well as its various le- book highlights some of the African countries are typically
gal traditions. most significant findings of the not grounded in the realities of
research project. It is intended African societies and are largely
crafted without sufficient empir-
Even those who consider themselves experts on ical evidence.
IP will benefit immensely from this book and the The book gives the reader an
broader ACA2K projects work. understanding of the legal and
practical copyright issues asso-
Sisule Musungu, President, IQsensato, Geneva
ciated with accessing learning
From the outset the project was as a concrete contribution to materials in Africa. It offers an in-
geared towards practical, applied the understanding of the legal depth examination of copyright
research with a view to providing and practical effects of copy- and access issues arising in each
empirical evidence that could right on access to learning ma- of the countries studied and a
contribute positively towards terials in Africa, and as a possible comparative analysis of findings
copyright reform processes model for future empirical re- across the countries studied.
throughout the continent and in- search in support of evidence- It is hoped that the insights and
ternationally. The aim was to based policymaking in this area. lessons drawn from the study
create a network of African re- will support policymakers in
searchers who would gather evi- The research revealed that all implementing the WIPO Devel-
1 *ACA2K Lead
Researcher. Email: dence about the impact of copy- eight countries studied have opment Agenda, as well as con-
kawooya@uwm.edu right on access to educational copyright laws that meet, and in tribute to international discus-
and learning materials in the fea- many cases exceed, the mini- sions relating to exceptions and
tured countries. mum international standards re- limitations under international
flected in applicable international copyright law.
Researchers relied on legal doc- instruments and agreements.
trinal review, qualitative data Findings revealed that no coun-
IN THE NEWS
A decade of Wikipedia
Wikipedia, the free multilingual mation on the Internet and con- quality to every single person on
encyclopedia that has become tribute to its creation. It departs the planet in their own lan-
an accepted part of daily life for from the traditional style of com- guage. It currently exists in 262
the on-line community celebrat- piling encyclopedias in favor of an language versions. According to
ed its 10th birthday on January 15, open collaborative editing model. Mr. Wales, Wikipedia is a public
this year. In a decade it has be- resource created and maintained
come the fifth most visited site in Wikipedia was founded by Larry by hundreds of thousands of vol-
the world offering instant and Sanger and Jimmy Wales in 2001. unteers, relied on by over 400
free access to some 17 million ar- Its name was coined by Mr. million people and paid for by
ticles. Dubbed the poster child Sanger and blends the Hawaiian half a million donors. Its truly
of collaboration and represent- word wiki meaning quick with user-created, supported and
ing the regularly updated collec- encyclopedia. Mr. Wales has de- maintained. The site is managed
tive knowledge of hundreds of scribed Wikipedia as an effort to by the Wikimedia Foundation a
thousands of people, it has create and distribute a free ency- U.S.-based nonprofit charitable
changed the way we access infor- clopedia of the highest possible organization.
The WIPO Magazine is published bimonthly If you are interested in receiving copies, contact: Copyright 2011 World Intellectual Property
by the World Intellectual Property Organi- Organization
zation (WIPO), Geneva, Switzerland. It is Outreach Services Section
intended to help broaden public under- WIPO All rights reserved. Articles contained herein
standing of intellectual property and of 34, chemin des Colombettes may be reproduced for educational purposes.
WIPOs work, and is not an official document P.O. Box 18 No part may, however, be reproduced for
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ters by external contributors do not necessa- Switzerland written consent of the Communications
rily reflect those of WIPO. Fax: +4122 740 18 12 Division, World Intellectual Property
e-mail: publications.mail@wipo.int Organization, P.O. Box 18, CH-1211 Geneva 20,
The WIPO Magazine is distributed free of charge. Switzerland.
For comments or questions, contact:
The Editor, WIPO Magazine
WipoMagazine@wipo.int
WIPO Publication No. 121(E) ISSN 1020-7074 (print) ISSN 1564-7854 (online)