This article has been written by Mr. Devansh Singh Yadav, a 1st year student of LLOYD LAW COLLEGE, Noida.

 

After World War II countries started imposing barriers on Import and provide subsidy on export, because if foreign money comes in the country their economic would strengthen similarly if their money goes out their economy will become weaker. So, a platform was developed to discuss and negotiate on international trade issues. On 1st January 1948 GATT was established with 23 members, In GATT trade negotiations rounds were held, in first 7 rounds focus was on the Trades in Goods (Goods export and import). 

Headquarters of World Trade Organization is in Geneva, Switzerland. Body was created through Uruguay Round Negotiations on 1st January 1995. 164 members representing 98% of world trade, the budget is one 97 million Swiss Francs for 2020, the secretariat staff includes 623 members, the head of the organization is Ngozi Okonjo Iweala Who is known as the director-general.

In the 8th round, which was conducted between 1986 to 1994 at Urugay in South America, also known as Urugay Round Negotiations. In this meeting new area of negotiations were included i.e., 

1. Trade in Service.
2. TRIPS (Trade Related Intellectual Property Rights)
3. TRIMS (Trade Related Investment Measures) 

During, 8th round new body came into existence World Trade Organization in place of GATT, through Marrakesh Agreement. 

At the conclusion of the Urugay Round of Multilateral trade negotiation for the establishment of World Trade Organization, concluded with, 123 nations signed an Agreement 15th April 1994, in Marrakesh City of Morocco.

The objective of the Marrakesh Agreement was to establish a multilateral integrated trading system. The part negotiated under General Agreement on Trade and Tariffs, hereinafter referred as GATT, and the part negotiated under Urugay Conference were treated as integral part of the Marrakesh Agreement. This agreement defines the structures, scope and function of the World Trade Organization, hereinafter referred as (WTO). 

Structure of the World Trade Organization (WTO)

1. Ministerial Conference is the highest body in the World Trade Organization.
2. Ministerial Conference is the composition of all the members of World Trade Organization.
3. World Trade Organization has to meet every 2 years which can take decision in all the multilateral trade agreements.
4. General Council, it is constituted by all the members of WTO, it reports to Ministerial Conference.
5. General Council convenes in two particular forms, 
   1. Dispute Settlement body – To check the dispute settlement procedure.
   2. Trade Policy Review Body – To conduct regular review of the trade policies of individual WTO members.
6. Economic Growth:
   1. Since 1995, the value of world trade has increased by 2.6 times has nearly quadruple.

Marrakesh Treaty: – 

In total 12 paragraphs of the Preamble of the Marrakesh Treaty, 9 of the paragraphs talks about the visually impaired people, the main objective mentioned in those preambles were to protect the proprietary rights of the visually impaired people.

Article 3 of the Marrakesh Treaty talks about the people who will get benefit out of this treaty, 

A beneficiary person is a person who: 

(a) is blind; 

(b) has a visual impairment or a perceptual or reading disability which cannot be improved to give visual function substantially equivalent to that of a person who has no such impairment or disability and so is unable to read printed works to substantially the same degree as a person without an impairment or disability; or

(c) is otherwise unable, through physical disability, to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading; regardless of any other disabilities.

Such literary work should be made available in accessible format to the blind person Article 4(2)(a)(ii) of Marrakesh Treaty.  Copies are to be exclusively given to the visually impaired people Article 4(2)(a)(iii). The activity should be on a non-profit basis Article 4(2)(a)(iv). Also, the contracting party may make certain restriction in view of distributing such, reading material exclusively made for visually impaired people, to the general public as to facilitate the better supply for the beneficiaries.  To the extent to which the national law provide of that country allows the importation of such literary works and shall be provided to the beneficiary without the authorization of the rightholder Article 6. Contracting party shall provide all the necessary securities as needed against the circumvention of such online literary materials from the laws of such country Article 7. The contracting party has to secure the privacy.

Any member of the WIPO can be a party to the treaty, assembly decides if an intergovernmental organization can be the part of the treaty or not.

India became the first country to recognize the Marrakesh Treaty on, 30th April 2014.

Treaty has a very definitive meaning for who are the beneficiaries, beneficiaries are those affected by a wide different type of disabilities that makes it difficult for them to read the printed material. The meaning of beneficiaries does not confine itself to blind people but also extends to people who are physically disabled from holding a book or turning pages. 

There can also be limitation to the right of reproduction, or distribution, and its availability to the general public as provided by the WIPO Copyright Treaty (WCT), so the accessible copies for beneficiaries can be made readily available in addition to that exception or limitation to right of public performance for access can be imposed under this treaty.

Cross border import and export of suitable format of copies in which the copies are to be distributed or made available by a contracting party to a beneficiary person or an authorized entity in another contracting party.

The parties are also required to support the privacy of the beneficiary persons. This treaty delegates the administrative tasks concerning this treaty to the International Bureau of WIPO3.

The Amendment of 2012 of Copyright also provides for the free copies to any person accessible by persons with disabilities to copyrighted work without any payment to the author.

Section 52(1)(zb) of Copyright Act read as:- 

“Any person working for the benefit of persons with disability on profit basis or for business may apply to the Copyright Board, in such form and manner and accompanied by such fee as may be prescribed, for a compulsory license to publish any work in which copyright subsists for the benefit of such persons, in a case to which clause (zb) of sub-section (1) of section 52 does not apply and the Copyright Board shall dispose of such application as expeditiously as possible and endeavour shall be made to dispose of such application within a period of two months from the date of receipt of the application.”

Section 52(1) (zb) before amendment used to deal with the formats that were “special designed only for the use of persons suffering from visual, aural, or other disabilities.” 

Hence, India’s copyright Act has been in consonance with the treaty.

Rule Breaker: Limitations and Exceptions

The treaty’s cool move? Introducing limitations and exceptions to copyright laws. Article 4 basically says, “Hey, you can reproduce, distribute, and make accessible copies without begging for permission.” It’s a game-changer, balancing the rights of copyright holders and making literature accessible for visually impaired individuals.

Global Sharing

Ever heard of Article 5? It’s the one talking about cross-border exchange. Now, authorized entities like libraries and groups helping the visually impaired can share accessible copies across borders without jumping through legal hoops. This means less duplication of effort and more global collaboration.

 

Big Wins for Accessibility

Since its debut, the Marrakesh Treaty has been a rockstar in improving accessibility.

Accessible Copies Galore

Thanks to the treaty, there’s been a boost in accessible format copies. Authorized entities can now create and share them without waiting for copyright holders to give the green light. It’s like a speedy express lane for visually impaired readers.

Teamwork Makes the Dream Work

The treaty encourages international collaboration. Libraries and groups helping the visually impaired can now share their accessible copies globally. Less duplication, more impact, and a win-win for everyone.

Tech Upgrade

The Marrakesh Treaty has sparked innovation in technology to make reading even more accessible. Think text-to-speech, Braille displays, and other cool assistive tech. It’s a tech revolution for visually impaired bookworms.

Not All Sunshine and Rainbows

While the Marrakesh Treaty is a superhero, there are still challenges and room for improvement.

Get on Board

Some countries are still thinking about hopping on the Marrakesh train. We need more nations to sign up and implement the treaty to make it a global success.

Tech Keeps Changing

As tech evolves, so should the treaty. We need to tackle new challenges like digital rights management and make sure emerging tech aligns with the treaty’s principles. It’s a tech-savvy world, after all.

Spread the Word

Not everyone knows about the Marrakesh Treaty and its superhero powers. We need to spread the word, educate the masses, and show everyone why this treaty is a game-changer.

Real Talk: Marrakesh Magic Unveiled

From Paper to Digital: A Copyright Revolution

Picture this: You’re a bookworm with a visual impairment. Before the Marrakesh Treaty, getting your hands on a book was like navigating a maze of copyright rules. You needed permission at every turn. The treaty flips the script by introducing limitations and exceptions to copyright laws. It’s like saying, “Hey, everyone deserves a good read, let’s make it happen.”

No Borders for Books: Article 5 in Action

Ever wondered why some awesome accessible books are stuck in one country and not making it across borders? Article 5 of the Marrakesh Treaty is the superhero cape in this situation. It allows authorized entities to share accessible copies globally. Libraries in different corners of the world can now team up, swap books, and make sure that a good story knows no borders.

Who’s In? Defining the Cool Crowd

The Marrakesh Treaty throws open its doors to the cool crowd—those who are blind, visually impaired, or print disabled. The definition is broad, covering a range of conditions. The treaty says, “Everyone’s invited to the reading party!”

A Broader Vision: Beyond Books and Print

While the Marrakesh Treaty is often associated with books and printed materials, its scope goes beyond the written word. The treaty recognizes the evolving nature of content in the digital age. It explicitly includes works in digital formats within its provisions, acknowledging that accessibility challenges extend to the digital realm. This forward-thinking approach positions the Marrakesh Treaty as a tool adaptable to the changing landscape of information and technology.

The Power of Public Domain: Fostering Access

Public domain works, those not covered by copyright, play a crucial role in the Marrakesh Treaty’s mission. The treaty encourages countries to share accessible format copies of works that are in the public domain. This amplifies the impact by providing a broader range of materials without the constraints of copyright restrictions. It’s a nod to the rich tapestry of human knowledge that resides in the public domain, ready to be accessed by all.

World Trade Organization: –

Issues in the WTO are – 

1. Recently the appealing body has been dismissed since 2019. (USA has blocked the appointment of adjudicators leaving the body without proper redressal body)
2. There’s no single definition or definite definition of Developed and Developing countries.
3. The countries right now can declare themselves to be a developing country to take advantage of the special or differential treatment under the body.
4. Recently with the developing of the global commerce through internet WTO also established WTO e-commerce body but that body has been called in question due to its implication for collecting revenue.

Wrapping it Up

The Marrakesh Treaty is like the superhero of accessibility, making books more awesome for visually impaired individuals. By breaking copyright barriers, promoting global collaboration, and embracing tech innovations, the treaty is changing the game. But, like any superhero story, there are challenges. We need more countries on board, tech that keeps up, and everyone to know about this awesome treaty. Let’s keep the momentum going and make sure everyone can enjoy the magic of literature, no matter what.

References – 

1.https://pmindiaun.gov.in/pressrelease/MTA

2.https://www.drishtiias.com/daily-news-analysis/world-trade-organisation-1

3. https://www.mondaq.com/india/human-rights/321806/india-becomes-signatory-to-the-marrakesh-treaty-for-visually-impaired