Mr Koh Tin Fook,
Director
Technical Cooperation Directorate
Ministry of Foreign Affairs
WIPO colleagues, distinguished speakers
Ladies and gentlemen
1. A very good morning to all of you. I would like to welcome everyone to this Singapore-WIPO Sub-Regional Seminar on Policy Options in the Application of Copyright Law. This is the first activity organized in 2009 under the Singapore-WIPO Memorandum of Understanding on Joint Training in the Field of Intellectual Property.
2. As everyone should be aware, the debate on copyright limitations and exceptions is not a new issue. At the risk of stating the obvious, copyright limitations and exceptions is as old as copyright law itself. In fact, it has been discussed at the WIPO Standing Committee on Copyright and Related Rights for some time now. It is also the subject of lively, and often controversial, discussions at the domestic level, especially during reviews of national legislation.
3. The issue has received a lot of attention within the ASEAN IP community. At its 27th Meeting in early 2007, the ASEAN Working Group on Intellectual Property Cooperation has identified a number of copyright related studies, including one on the application of limitations and exceptions in the copyright systems of non-ASEAN jurisdictions, as part of ongoing activities related to IPR co-operation amongst ASEAN Member States.
4. Therefore, we are grateful to the World Intellectual Property Organization and the Ministry of Foreign Affairs of Singapore in working with us to bring about this seminar and enable ASEAN member states to look into it more closely. As I understand, the Philippines will be coordinating a written study based on the discussions at this seminar to be submitted to the AWGIPC in due course.
5. Ladies and gentlemen,
6. The field of intellectual property, particularly in the area of copyright, is a rapidly transforming one. The unprecedented pace of technological advancements we witness today has directly impacted on the copyright landscape on a global scale. This is especially so in the widespread use of digital technology.
7. The ease in which copyrighted works can now be reproduced and disseminated in the digital environment has raised new challenges. Unauthorized downloading, manipulation and distribution of copyrighted works have threatened the interests of rights holders as never before. Yet at the same time, reasonable exceptions have to be preserved to address the needs of vulnerable groups in society as well as for education and research purposes by individuals and public institutions.
8. These developments have placed a heavy strain on IP offices in their continuing efforts to maintain the delicate balance between the interests of creators and right holders, and with increasing demands by our societies and stakeholders for greater access to information and knowledge. Given how copyright touches on many aspects of our lifestyles, daily routines and consumption patterns today, these are pertinent issues.
9. International treaties such as the Berne and Rome Conventions, TRIPS and the WIPO Internet Treaties, have defined and addressed the scope of copyright limitations and exceptions to some extent. However, international consensus on the transposition and adaptation of existing limitations and exceptions in the digital environment remains elusive.
10. As representatives of national IP offices and copyright authorities, an important first step is for us to build our understanding on technical, legal, operational and economic aspects on various issues surrounding copyright limitations and exceptions. Equally important in this exercise is examining how the subject is dealt with in FTAs and copyright legislation of countries outside ASEAN.
11. There will be no clear cut answers as to what constitutes the optimum set of limitations and exceptions. Suffice to say that the scope of limitations and exceptions will differ significantly between countries, and defined by our specific social, economic and policy imperatives, consistent with our obligations under international copyright legislation.
12. In conclusion, I hope that by the end of this seminar, you will be equipped with a useful knowledge of a range of policy options and available flexibilities that can assist you in your deliberations on copyright limitations and exceptions back home.
13. With that, I wish you all a fruitful seminar in the days ahead. Thank you very much.