Arab Knowledge Report 2009: Towards Productive

TABLE 2-3Rights and responsibilities of Arab members in the World TradeOrganisation in the field of copyright and access to knowledgeCountryNumber of years author’srights are protectedAccepts specialobligations in technicalprocedures for protection?Permits compulsorylicensing?Makes exceptions forlibraries and universitiesfor scientific andeducational purposes?Bahrain70YesYesYesDjibouti25NoYesYesEgypt50YesYesYesJordan50YesYesYesKuwait50YesYesYesMauritania70NoYesYesMorocco70YesNoYesNine Arab countrieshave acceptedspecial obligationsfor technicalprocedures forthe protection ofdigital productsnot found in TRIPS,and these shouldhave been avoidedOmanQatarSaudi ArabiaTunisiaUAEThere, the strict protectionism in, forexample, the pharmaceutical industry orof software protects the interests of megacorporationsthat belong, for the mostpart, to industrialised countries that builttheir harvest of knowledge, historically,in a climate free from restrictions onknowledge exchange.On the legislative level, regulations inEgypt, Lebanon, and Syria stipulate someexceptions specific to the pharmaceuticalindustry. In addition, some exceptionsfrom the articles of patent law have beenratified in Egypt, Tunis, and Jordan, whilein Syria, Morocco, and Jordan regulationsallow for some flexibility in copyright laws.Djibouti and Mauritania remain exemptfrom implementing the provisions of theTRIPS agreement on medicines until 2013and 2016, respectively. Bahrain, Morocco,and Oman, however, have broadenedsome of their commitments under this7050507050Source: Muhammad al-Sa‘id and Ahmad ‘Abd al-Latif, background paper for the Report, in Arabic.YesYesNoYesYesNoYesYesNoYesagreement, and even accepted additionalcommitments in the framework ofother free trade agreements ratified withdeveloped countries such as the UnitedStates and the European Union. Similarly,legislation of many Arab countriesincludes special obligations for technicalprocedures for technology protection,such as encryption, even though these arenot among the requirements of the TRIPSagreement.Table 2-3 on rights and responsibilitiesof Arab countries shows that five of twelveArab countries apply stricter provisionsfor protection of authors’ rights thanthose called for by TRIPS, with protectionextending to seventy, rather than the fiftyyears mandated by the agreement. Nine Arabcountries have accepted special obligationsfor technical procedures for the protectionof digital products not found in TRIPS,and these should have been avoided. AndYesYesYesYesYes80 ARAB KNOWLEDGE REPORT 2009