On December 12, 2023, Pakistan marked a significant achievement by officially signing the Marrakesh Treaty. This momentous event, held at the Aiwan-e-Sadr, saw President Dr. Arif Alvi reaffirm Pakistan’s commitment to the global intellectual property framework.
The Marrakesh Treaty, adopted on June 27, 2013, represents a pivotal moment in the evolution of international copyright laws. This landmark agreement aims to address the information disparity experienced by individuals with print disabilities, creating a more inclusive and accessible global knowledge landscape.
Before the Marrakesh Treaty, individuals with print disabilities faced a “book famine,” characterized by a scarcity of books in accessible formats such as braille, large print, or audiobooks. This scarcity severely limited their access to a wide range of literature and educational materials. A major obstacle in the production and distribution of accessible format copies was the stringent copyright laws requiring authorization from copyright holders or their legal heirs, making the process cumbersome and often unattainable.
Exceptions and Limitations
Central to the Marrakesh Treaty is the introduction of limitations and exceptions to traditional copyright laws, designed to ensure equal access to information for individuals with print disabilities, referred to as “beneficiary persons” within the Treaty. Contracting Parties commit to incorporating limitations and exceptions into their legislation, empowering authorized entities to reproduce, distribute, and make accessible format copies of published works without first seeking authorization from copyright holders.
Contracting Parties can relax these limitations or exceptions for making accessible copies of works not commercially available in a particular accessible format. This provision, subject to declaration and notification to the Director General of WIPO, demonstrates a commitment to addressing specific market challenges.
Further, Contracting Parties have the flexibility to introduce additional limitations or exceptions in their national copyright laws to meet the objectives of the Treaty.
Authorized Entities
The Treaty defines an “authorized entity” as an organization recognized or authorized by the government to provide education, instructional training, adaptive reading, or information access to beneficiary persons on a non-profit basis. This includes government institutions or non-profit organizations primarily engaged in providing such services.
Authorized entities are tasked with verifying the beneficiary status of individuals they serve, limiting distribution to beneficiary persons and/or authorized entities, discouraging unauthorized reproduction and distribution, and maintaining careful records of their handling of works while respecting the privacy of beneficiary persons.
Cross-Border Exchange
Recognizing that knowledge transcends boundaries, the Treaty facilitates cross-border exchange through Article 5. It requires participating countries to allow the import and export of accessible materials, ensuring that the limitations and exceptions to copyright established by the Treaty extend globally.
Article 5 encourages a collaborative approach among countries. When a country creates an accessible format copy of a book or other work, that copy may be shared by an authorized entity with beneficiary persons or entities in another country without seeking authorization from the original copyright owner. This flexibility promotes a smoother flow of accessible books across borders.
To ensure responsible use, the Treaty specifies that the authorized entity sharing the accessible format copy with another country must ensure that the copy is not used for purposes other than aiding beneficiary persons.
Beyond the technicalities of cross-border exchange, Article 9 emphasizes the importance of international cooperation. It encourages Contracting Parties to work together to facilitate the exchange of accessible format copies. This collaboration involves the voluntary sharing of information among authorized entities, supported by an information access point established by the International Bureau of WIPO.
Striking a Balance
While the Marrakesh Treaty is committed to accessibility, Article 8 highlights the delicate balance required. It acknowledges the necessity of providing access to information for beneficiary persons while ensuring that such access does not compromise privacy. Contracting Parties are required to integrate privacy considerations into the mechanisms for providing accessible format copies, ensuring that the personal information of beneficiary persons remains secure throughout the process.
The Treaty emphasizes providing beneficiary persons access to a broad range of literature and educational materials without the cumbersome process of obtaining copyright authorization. However, it also stresses the need to balance the rights of copyright owners. Contracting Parties must ensure that the reproduction of works does not conflict with the normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author. Some critics argue that certain provisions might be overly broad, potentially opening the door to exploitation, while proponents counter that the fundamental goal of leveling the playing field for individuals with print disabilities justifies the Treaty’s expansive scope.
Pakistan’s Accession to The Marrakesh Treaty
In a significant stride towards promoting inclusivity and guaranteeing equitable access to information, Pakistan has recently signed the Marrakesh Treaty. To meet its commitments under the Treaty, Pakistan must revise its domestic laws to facilitate the creation and distribution of accessible format copies of published works. This legislative journey poses a formidable challenge for Pakistan, as balancing the preservation of copyright holders’ rights with enhancing literature accessibility for those with print disabilities demands a nuanced approach.
In essence, as Pakistan fulfills its international obligations to balance copyright protections with the imperative of accessibility for individuals with print disabilities, the Marrakesh Treaty stands against the challenges of a “book famine” and paves the way for a more equitable and universally accessible knowledge environment. The Treaty symbolizes a collective effort to address the information disparities faced by individuals with print disabilities, marking a transformative milestone for international copyright laws.
Q & A on Pakistan’s Accession to the Marrakesh Treaty
What is the Marrakesh Treaty? The Marrakesh Treaty is an international agreement aimed at facilitating access to published works for persons who are blind, visually impaired, or otherwise print-disabled.
When did Pakistan sign the Marrakesh Treaty? Pakistan signed the Marrakesh Treaty on December 12, 2023.
Who signed the Marrakesh Treaty on behalf of Pakistan? President Dr. Arif Alvi signed the treaty on behalf of Pakistan.
Where was the Marrakesh Treaty signed in Pakistan? The treaty was signed at Aiwan-e-Sadr, the presidential palace in Islamabad.
What is the main objective of the Marrakesh Treaty? The main objective is to create exceptions and limitations to copyright laws, enabling the reproduction and distribution of works in accessible formats for visually impaired individuals.
Why is the Marrakesh Treaty important for visually impaired persons? It helps address the “book famine” by making more books available in accessible formats such as braille, large print, and audiobooks.
How does the Marrakesh Treaty benefit Pakistan’s visually impaired population? The treaty allows for easier access to a wide range of educational and literary materials, promoting inclusivity and equal opportunities for the estimated 10 million visually impaired people in Pakistan.
What was a major barrier to accessible formats before the treaty? Stringent copyright laws required obtaining authorization from copyright holders, making the process cumbersome and often unattainable.
What changes are required in Pakistan’s laws to comply with the Marrakesh Treaty? Pakistan must revise its copyright laws to include limitations and exceptions that allow the reproduction of works in accessible formats without prior authorization from copyright holders.
What are “authorized entities” under the Marrakesh Treaty? Authorized entities are organizations recognized by the government to provide education, training, and information access to visually impaired individuals on a non-profit basis.
How does the treaty facilitate cross-border exchange of accessible materials? It allows authorized entities to share accessible format copies with individuals or entities in other countries without needing additional authorization from copyright owners.
What is the significance of the cross-border exchange provision in the treaty? It ensures that visually impaired individuals globally have better access to a diverse range of books and educational materials.
What is the impact of the Marrakesh Treaty on copyright holders? While it promotes access for visually impaired persons, it also requires that the reproduction of works does not conflict with the normal exploitation of the work or unreasonably prejudice the legitimate interests of the authors.
What did President Arif Alvi say about the treaty’s impact on education? He stated that the treaty would act as an equalizer of opportunity, providing visually challenged persons equitable access to education.
What steps has Pakistan taken to integrate persons with disabilities into the education system? Laws have been enacted to ensure that no institution can refuse admission to a person with a disability, and teachers are being trained to handle children with disabilities.
Who thanked President Alvi for his advocacy related to the Marrakesh Treaty? Chairman IPO-Pakistan Farukh Amil expressed gratitude for the president’s advocacy and contributions towards the treaty’s accession.
What organization administers the Marrakesh Treaty? The World Intellectual Property Organization (WIPO) administers the Marrakesh Treaty.
How many countries had joined the Marrakesh Treaty before Pakistan? As of early 2023, the treaty had 96 contracting parties covering 122 WIPO Member States.
What impact will the treaty have on Pakistan’s visually impaired individuals’ access to employment? Improved access to educational materials is expected to enhance employment opportunities for visually impaired persons by equipping them with better knowledge and skills.
What is a “book famine”? A “book famine” refers to the limited availability of books in accessible formats for visually impaired individuals, severely restricting their access to information and education.
How does the treaty ensure the privacy of beneficiary persons? Article 8 of the treaty requires contracting parties to integrate privacy considerations into the mechanisms for providing accessible format copies.
What role did the Ministry of Human Rights play in Pakistan’s accession to the treaty? The Ministry of Human Rights was instrumental in undertaking the initiative for Pakistan’s accession to the Marrakesh Treaty.
What did President Alvi highlight about Pakistan’s recent efforts regarding disability inclusion? He emphasized Pakistan’s success in shunning taboos about differently-abled persons and adhering to WHO guidelines for their needs.
How will artificial intelligence impact the future of visually impaired persons according to President Alvi? AI-based technology in assistive gadgets and smart devices is expected to significantly improve the quality of life for visually impaired individuals.
What does the treaty require from contracting parties regarding non-commercially available works? Contracting parties can relax limitations for making accessible copies of works not commercially available in a particular format.
How are authorized entities expected to handle the distribution of accessible format copies? They must ensure distribution is limited to beneficiary persons or other authorized entities and discourage unauthorized reproduction and distribution.
What flexibility do contracting parties have under the Marrakesh Treaty? They can introduce additional limitations or exceptions in their national copyright laws to meet the treaty’s objectives.
How does the Marrakesh Treaty contribute to societal development? By facilitating access to knowledge for visually impaired persons, the treaty supports their integration into mainstream society and contributes to overall societal development.
What were the remarks of Chairman IPO-Pakistan Farukh Amil about the treaty? He stated that the treaty would enable wider availability of printed materials for the visually impaired community and underscored Pakistan’s resolve to support all its citizens.
What is the main challenge for Pakistan in implementing the treaty? Revising domestic laws to balance copyright protections with the need for accessible formats for visually impaired individuals is a complex legislative task.
How will the treaty impact the availability of educational materials in Pakistan? The treaty will significantly increase the availability of educational materials in accessible formats, helping visually impaired students gain better access to education.
What benefits does the Marrakesh Treaty bring to visually impaired persons? It provides them with greater access to a variety of books and educational resources, promoting knowledge and skill development.
How does the Marrakesh Treaty address the rights of copyright owners? The treaty requires that the use of accessible format copies does not conflict with the normal exploitation of the work or prejudice the legitimate interests of the author.
What is Pakistan’s estimated visually impaired population? Pakistan has an estimated 10 million visually impaired individuals.
What is the expected outcome of Pakistan’s accession to the Marrakesh Treaty? The expected outcome is enhanced access to knowledge and educational opportunities for visually impaired persons, leading to improved personal and societal development.
What is the significance of President Alvi’s speech at the treaty signing ceremony? His speech highlighted the importance of inclusivity, the role of the state in providing equal opportunities, and the potential of the treaty to transform the lives of visually impaired individuals.
How does the Marrakesh Treaty support international cooperation? Article 9 of the treaty encourages contracting parties to work together to facilitate the exchange of accessible format copies.
How will the Marrakesh Treaty impact the production of accessible formats in Pakistan? The treaty will streamline the process, making it easier to produce and distribute accessible formats like braille, large print, and audiobooks.
What is the role of authorized entities in the Marrakesh Treaty? Authorized entities are responsible for verifying the beneficiary status of individuals, ensuring distribution is limited to eligible persons, and maintaining records while respecting privacy.
How does the Marrakesh Treaty balance accessibility and copyright protection? The treaty introduces limitations and exceptions to copyright laws specifically for creating accessible formats, while ensuring these do not unfairly harm copyright owners.
What did Chairman IPO-Pakistan say about the treaty’s impact on the visually impaired community? He stated that the treaty would ensure wider availability of printed materials, enhancing access to knowledge for the visually impaired community.
What international body administers the Marrakesh Treaty? The World Intellectual Property Organization (WIPO) administers the Marrakesh Treaty.
What is the Marrakesh Treaty? The Marrakesh Treaty is an international agreement aimed at facilitating access to published works for persons who are blind, visually impaired, or otherwise print-disabled.
When did Pakistan sign the Marrakesh Treaty? Pakistan signed the Marrakesh Treaty on December 12, 2023.
Who signed the Marrakesh Treaty on behalf of Pakistan? President Dr. Arif Alvi signed the treaty on behalf of Pakistan.
Where was the Marrakesh Treaty signed in Pakistan? The treaty was signed at Aiwan-e-Sadr, the presidential palace in Islamabad.
What is the main objective of the Marrakesh Treaty? The main objective is to create exceptions and limitations to copyright laws, enabling the reproduction and distribution of works in accessible formats for visually impaired individuals.
Why is the Marrakesh Treaty important for visually impaired persons? It helps address the “book famine” by making more books available in accessible formats such as braille, large print, and audiobooks.
How does the Marrakesh Treaty benefit Pakistan’s visually impaired population? The treaty allows for easier access to a wide range of educational and literary materials, promoting inclusivity and equal opportunities for the estimated 10 million visually impaired people in Pakistan.
What was a major barrier to accessible formats before the treaty? Stringent copyright laws required obtaining authorization from copyright holders, making the process cumbersome and often unattainable.
What changes are required in Pakistan’s laws to comply with the Marrakesh Treaty? Pakistan must revise its copyright laws to include limitations and exceptions that allow the reproduction of works in accessible formats without prior authorization from copyright holders.
What are “authorized entities” under the Marrakesh Treaty? Authorized entities are organizations recognized by the government to provide education, training, and information access to visually impaired individuals on a non-profit basis.
How does the treaty facilitate cross-border exchange of accessible materials? It allows authorized entities to share accessible format copies with individuals or entities in other countries without needing additional authorization from copyright owners.
What is the significance of the cross-border exchange provision in the treaty? It ensures that visually impaired individuals globally have better access to a diverse range of books and educational materials.
What is the impact of the Marrakesh Treaty on copyright holders? While it promotes access for visually impaired persons, it also requires that the reproduction of works does not conflict with the normal exploitation of the work or unreasonably prejudice the legitimate interests of the authors.
What steps has Pakistan taken to integrate persons with disabilities into the education system? Laws have been enacted to ensure that no institution can refuse admission to a person with a disability, and teachers are being trained to handle children with disabilities.
What organization administers the Marrakesh Treaty? The World Intellectual Property Organization (WIPO) administers the Marrakesh Treaty.
How many countries had joined the Marrakesh Treaty before Pakistan? As of early 2023, the treaty had 96 contracting parties covering 122 WIPO Member States.
What impact will the treaty have on Pakistan’s visually impaired individuals’ access to employment? Improved access to educational materials is expected to enhance employment opportunities for visually impaired persons by equipping them with better knowledge and skills.
What is a “book famine”? A “book famine” refers to the limited availability of books in accessible formats for visually impaired individuals, severely restricting their access to information and education.
How does the treaty ensure the privacy of beneficiary persons? Article 8 of the treaty requires contracting parties to integrate privacy considerations into the mechanisms for providing accessible format copies.
What role did the Ministry of Human Rights play in Pakistan’s accession to the treaty? The Ministry of Human Rights was instrumental in undertaking the initiative for Pakistan’s accession to the Marrakesh Treaty.
What does the treaty require from contracting parties regarding non-commercially available works? Contracting parties can relax limitations for making accessible copies of works not commercially available in a particular format.
How are authorized entities expected to handle the distribution of accessible format copies? They must ensure distribution is limited to beneficiary persons or other authorized entities and discourage unauthorized reproduction and distribution.
What flexibility do contracting parties have under the Marrakesh Treaty? They can introduce additional limitations or exceptions in their national copyright laws to meet the treaty’s objectives.
