The inadequacy of copyright-related provisions in economic partnership agreements between the European Union and the African, Caribbean and Pacific regional groups from an educational perspective

• Citation: (2023) IPLJ 1
• DOI: https://doi.org/10.47348/SAIPL/v11/a1
• Published date: 18 January 2024
• Pages: 1-15
• Author: David, J.
• Date: 18 January 2024

https://doi.o rg/10.4734 8/SAIP L/v11/a1

THE INADEQUACY OF COPYRIGHT-

RELATED PROVISIONS IN

ECONOMIC PARTNERSHIP

AGREEMENTS BETWEEN THE

EUROPEAN UNION AND THE

AFRICAN, CA RIBBEAN AND

PACIFIC REGIONAL GROUPS FROM

AN EDUCATIONAL PERSPECTIVE

*

Candidate attorney at Moore Attorneys Incorporated

ABST RACT

In 2000, the Eu ropean Union (EU ) undertook t o enter into econ omic partne rship

       

the intention of pro moting development by im plementing tar iff-free tr ade struct ures

with ACP states. A nu mber of these agreements, o nce entered into, contain ed provisions

regarding in tellectual proper ty rights and te chnology transfer. However, the prov isions in

these agree ments regarding intel lectual propert y protection and enforc ement appeared to

oblige contract ing states to follow the direct ives as espoused in pre-ex isting intellectual

propert y agreements. T his contribution argues t hat those agreements do not ade quately

address edu cational concerns in develop ing ACP states, and that, if the E U is concerned

about the long-ter m development of ACP states and r egional groups, it sh ould take

adequate ste ps to facilitat e knowledge tran sfer on an equitable ba sis through copy right

mechanisms.

KEYWORDS: copyr ight; education ; economic part nership agr eements; LDCs; TR IPS;

WIPO Copyr ight Treaty; WIPO Perfor mances and Phonogr ams Treaty; European Un ion;

access; CAR IFORUM; SADC

  

Economic part nership agreements ( EPAs) are, according t o the European

Commission, agree ments that categorise the tr ade relationships between the

          

groups. They pur port to ‘leverage trade and invest ment for sustainable

development’.1 These agreements were essentia lly born out of negotiations

between the EU, and its various memb er states, and ACP regional groups,

which concluded in Februar y 2000 with the signing of the Cotonou Agr eement.

This agreement complies w ith the objectives of the World Trade Organisation

* LLB LLM (Intelle ctual Proper ty Law) (Cape Town).

1 European Co mmission on Economic Pa rtnerships, av ailable at https://ec.europa .eu/trade/polic y/

countries -andregions/developme nt/economic-par tnerships/ (access ed 8 July 2023).

1

(2023) IPLJ 1

© Juta and Company (Pty) Ltd