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Intellectual Property, Education and Access to Knowledge in Southern Africa

Stellenbosch: Trade Law Centre for Southern Africa;International Centre for Trade and Sustainable Development (ICTSD);United Nations Conference on Trade and Development (UNCTAD) (2006), 69 pp.
"The first section in this paper examines the barriers to access to learning materials faced in the Southern African Customs Union (SACU), analyzing the responsibility of intellectual property legislation within the complex structure of systems that are consequential to consumers and learners. In the second section the authors remind us that the informal economy in knowledge goods is an access mechanism, prompting a conceptual consideration of the phenomenon of piracy, and then, through a case study in Uganda, they suggest possible policy lessons. The third section frames the environment described in the first two sections in a survey of intellectual property law in SACU member countries, and audits the limitations or exceptions available within the law, in the light of those that may be made use of, as a consequence of access to learning materials. The authors conclude that currently “neither does copyright legislation in SACU countries make significantly positive provisions for access to learning materials, nor does it take full advantage of the flexibilities provided by TRIPs. Ironically, it is precisely in this disabling legal environment that the SACU countries are being asked – by domestic and international publishing industry lobbies – to strengthen the enforcement of criminal sanctions for certain copyright violations, even as they constitute an access mechanism in a context that offers few alternatives." (Hans M. Zell, Publishing, Books & Reading in Sub-Saharan Africa, 3d ed. 2008, nr. 1802)