344. At the outset, allow me to thank the proponents of this agenda item "Intellectual property and innovation: education and dissemination". Our delegation welcomes this debate in the TRIPS Council.
345. We understand that Article 7 of the TRIPS Agreement provides us with the necessary background for our discussion. Article 7 states that:
"The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations."
346. The TRIPS Agreement clearly defines the IP system as a system of balance of rights and obligations that at the same time should contribute to the production of knowledge and its dissemination.
347. With respect to the production of knowledge and innovation, it is important to state once again that the protection of IP is only one element that leads to a favourable environment for innovation. There are ever more important elements, such as the quality of education, adequate infrastructure, collaborative research systems with a dynamic flow of ideas and access to knowledge.
348. In fact, a system of IP that grants broad rights can be an obstacle to the development of innovation. In past sessions of this Council, my delegation has already elaborated on the harmful effects of low quality patents for innovators. Patents that are not clearly defined create legal uncertainty that can work as a deterrent to innovation. In this session, we would like to make reference to an aspect more connected to the topic "education and dissemination of knowledge".
349. With respect to access and dissemination of knowledge, an unbalanced IP system can become a barrier and hinder access to education and intellectual products for those that need them the most. This hard fact became clear during the negotiations that led to the successful celebration of the WIPO Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (Marrakesh VIP Treaty). In fact, Article 30.3 of the United Nations Convention on the Rights of Persons with Disabilities reads:
"States Parties shall take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials."
350. Currently, less than 5% of published works are available in an accessible format. In developing countries, there are estimates that only 1% of printed books are available in accessible formats. In the light of this alarming situation, the shortage of works in accessible formats became known as the "book famine".
351. International cooperation could be a tool to allow for the diffusion of knowledge in accessible forms for the benefit of some 314 million people who are blind or otherwise print disabled worldwide, according to the World Health Organization.
352. Nonetheless, since there was no international exception or limitation to intellectual property rights, lawful crossborder cooperation required international licenses from every rightholder - an almost impossible task for institutions with scarce resources.
353. Limitations and exceptions allow national conversion of books into accessible formats within each country. This system, however, is not extended to the international context, in which the absence of limitations and exceptions to copyright effectively prevents the free movement of works in accessible formats such as Braille or Daisy.
354. The Marrakesh VIP Treaty, signed in June 2013, was the result of a great diplomatic effort in the Standing Committee of Copyright and Related Rights. It originated from the proposal submitted by Brazil, Ecuador and Paraguay in May 2009. During the whole negotiation process, our delegation was working in close coordination with delegations of developing and developed countries, towards the adoption of an effective agreement that could promote, in practice, increased production and distribution of books in accessible formats for the beneficiaries of the treaty.
355. The Marrakesh VIP treaty creates two exceptions:
a. The first exception is national: the free production and distribution of works in accessible formats in the territory of the Contracting Parties.
b. The second exception is international: it creates unhindered cross-border exchange of such formats. The latter will contribute to significantly expand access to knowledge to blinds and other persons with print disabilities, especially in developing countries - home of 90% of all blinds or otherwise print disabled.
356. In November 2015, Brazil ratified the Marrakesh VIP treaty and we would like to encourage other Members to join us in our efforts towards the full implementation of this important international instrument.
357. In the WIPO-SCCR, discussions on exceptions and limitations are still taking place, aiming at an IP system more conducive to the dissemination of knowledge. Beyond the Marrakesh VIP Treaty, discussions on limitation and exceptions for libraries and archives, for educational and research institutions, and for persons with other disabilities also have the potential to transform the IP system in a more efficient tool to foster education, development, crossborder cooperation and dissemination of knowledge.
