RLI 285  17 RESEARCH LIBRARY ISSUES: A REPORT FROM ARL, CNI, AND SPARC 2015 Negotiations for an Instrument on Education The negotiations on an international instrument regarding limitations and exceptions for education are not as well advanced as for libraries. Few countries have made textual proposals and less time has been devoted to this topic. Additionally, similar to the negotiations for an instrument on libraries, there is substantial disagreement as to whether a binding treaty is necessary or whether a soft-law instrument should be pursued instead. The topics for discussion regarding education include the scope of beneficiaries (uses by educational institutions or research organizations or other beneficiaries) exhaustion of rights and parallel importation limitation on remedies uses for in-classroom and out-of-classroom teaching distance learning uses for research uses for persons with disabilities orphan works technological protection measures ISP liability and relationship with contracts. As with the discussion on an instrument for libraries, the US tabled a document on “Objectives and Principles for Exceptions and Limitations for Educational, Teaching, and Research Institutions.” Like its document on libraries, the US encourages the adoption of national limitations and exceptions. The US also specifically supports limitations and exceptions for “technologically evolving learning environments.” In its objectives and principles for education, the US notes that, “An appropriate balance of rights and exceptions and limitations, consistent with international law, sustains the missions and activities of educational, teaching and research institutions.” The recent blocking of consensus conclusions at SCCR, particularly the EU’s heavy resistance to working on the agenda for limitations and exceptions, raises questions as to when or whether this issue will advance at WIPO and what form any instrument might take. Negotiations for an Instrument on Traditional Knowledge, Traditional Cultural Expression, and Genetic Resources WIPO’s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore (IGC) has been meeting three times each year with a directed objective of reaching an agreement on texts for a legal instrument to protect traditional knowledge, traditional cultural expressions, and genetic resources. Like the other topics under discussion at WIPO, there does not appear to be agreement as to the nature of the instrument, with developing countries calling for a binding treaty and developed countries remaining non-committal. Traditional knowledge (TK) involves knowledge or practices passed between generations in a traditional context, such as the use of traditional medicines or knowledge about migration patterns. Traditional cultural expressions (TCEs) refer to expressions of folklore that form the identity or heritage of a community and are passed between generations, such as dances, songs, designs, or stories. Under standard intellectual property principles, TK and TCE are considered to exist in the public domain and are therefore free to use. However, indigenous peoples and local communities often argue that TK and TCE are subject to misappropriation or misuse, then later patented or copyrighted by a third party that
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