CIPA to amend piracy law
The Companies and Intellectual Property Authority (CIPA) is in the process of amending the existing law to deal with incidents of piracy in the country. This follows the recent World Trade Organisation annual report, which indicates that from April 2016 to February 2022, CIPA confiscated 25, 084 pirated works valued at P2, 064, 000 and made 21 arrests.
The report shows that CIPA conducted several raids and spot checks on establishments related to IP enforcement of sound audio-visual works during the period under review. It further revealed that the perpetrators were not prosecuted but were charged with an admission of guilt penalties ranging from P500 to P1 000
CIPA’s Awareness & Communications manager, Marietta Magashula said increased levels of piracy are a huge concern to CIPA and the rights holders who are being robbed of their economic rights. Although Magashula said the existing law is still sufficient enough to support law enforcement authorities in dealing with piracy, she stated that there is a need to improve the law to fight piracy. She also highlighted that the copyright owners are also instrumental in prosecuting a case as they provide evidence beyond reasonable doubt that the works
being infringed upon are theirs. In a response to Arts&Culture questionnaire, Magashula said despite the piracy caused by professional outlets selling fake or sound and audiovisual works without holograms going down, they continue to experience challenges with street vendors selling pirated sound and audiovisual works. She explained that these vendors usually target odd hours to sell pirated works.
Magashula said while the law exists to fight this problem, technological advances have also created a new paradigm shift in the fight against piracy. Magashula explained that CIPA is currently in the process of amending the Copyright and Neighbouring Rights Act to, amongst others, account for piracy in the digital world and strengthen enforcement. “Gadgets such as laptops and memory sticks as well as social media platforms have led to rampage piracy in the digital world,” Magashula said. She reiterated that IP enforcement is a fundamental component of the CIPA strategy and they continue to address the matter together with other law enforcement agencies.
“We are also working on enhancements to the Copyright and Neighbouring Rights Act to better address piracy issues and strengthen enforcement. One of the new provisions will be to introduce take-down notices and enforce the liability of internet service providers and other operators in the digital space where piracy occurs on their platforms. The law currently does not allow for the confiscation of gadgets such as laptops, TV screens, memory sticks, hard drives and others which are used to infringe on copyright-protected works.
Including this in the act will act as a deterrent to those who infringe on copyright-protected works,” she explained.
She advised Rights holders to also explore the use of technical means such as encryption to deter the copying of their works.
“Lastly, CIPA continues to educate those who generate copyright-protected works on their rights. Rights holders must police and monitor their works in order to detect any infringement. They are also strongly encouraged to take the infringers to court rather than letting them get off with minor admission of guilt fines. Intellectual Property is a private right. It is upon the right holders to ensure that where their works are being infringed upon, they take the perpetrators through the full extent of the law. The copyright owners are instrumental in prosecuting a case as they provide evidence beyond reasonable doubt that the works being infringed are theirs,” she added.
Magashula said if perpetrators are reported, the law would deal with them accordingly. She explained that Section 31 of the Copyright and Neighbouring Rights Act provides that perpetrators shall be liable for a fine not exceeding P20, 000 or to imprisonment not exceeding 10 years or both.
She added that the Act also provides civil remedies and the court has the authority to grant injunctions, order the impounding of copies or order payment of damages suffered.
“It is also worth noting that the Act provides for the establishment of a Copyright Arbitration Panel, which once in operation, will enable rights holders to submit their disputes for resolution,” she said.
According to Magashula, CIPA is currently setting up the panel, which is a quasi-judicial independent panel that will handle all contraventions of the Copyright and Neighbouring Rights Act including piracy. She stated that the panel is an alternative dispute resolution platform meant to provide dispute resolution services at lower costs as opposed to the litigation process which is expensive for most artists. The panel is expected to be operational during the 2024/25 financial year.
Botswana has over the years made efforts to improve its IP landscape, as the government strives to come up with initiatives that will push the creative sector to realise its meaningful contribution to the economy.