Document details

Development in the Information Age: Issues in the Regulation of Intellectual Property Rights, Computer Software and Electronic Commerce

Geneva: International Centre for Trade and Sustainable Development (ICTSD);United Nations Conference on Trade and Development (UNCTAD) (2004), 58 pp.

Series: Issue Paper, 9

ISSN 1681-8954

CC BY-NC-ND

"The important balance between access to copyrighted works and protection for authors is vital for developing countries and LDCs. Despite provisions for limitations and exceptions to the rights granted to authors/ owners of protected works, the WIPO treaties represent minimum standards from which countries can deviate only by providing greater rights than required as the United States has done under the DMCA. The maximalist approach to interpreting the available scope of permissible limitations and exceptions is reinforced by the similarities between TRIPS Article 13, and Articles 10 and 16 of the WCT and WPPT. The similarities suggest that it is not improbable that interpretations of the Internet treaties can be influenced by the ideology of the TRIPS Agreement. Consequently, public welfare interests will require explicit limitations and exceptions that at a minimum facilitate access and use of digital works for study, research, and educational purposes." (Executive summary, page 2)
1 Introduction, 6
2 An Overview of the Technological, Legal and Economic Framework of the Information Age, 8
3 Development in the Information Age: E-Commerce and the Access to the Internet, 11
4 Computer Software Protection, Computer Databases & E-commerce, 20
5 Development Opportunities and Strategies, 25
6 Some Emerging Considerations, 33
7 Conclusion, 36