Access to Knowledge in Egypt AA2KEgypt.indb2KEgypt.indb i 112/12/092/12/09 99:42:59:42:59 PPMM The cover image features the entryway of the Mosque-Madrassa of Sultan Hassan, as photographed by Egyptian architect Khaled ElChiati. The architectural masterpiece and Cairo landmark has been famous as a site of theological and legal learning since 1363. AA2KEgypt.indb2KEgypt.indb iiii 112/12/092/12/09 99:42:59:42:59 PPMM Access to Knowledge in Egypt New Research on Intellectual Property, Innovation and Development EDITED BY NAGLA RIZK & LEA SHAVER BLOOMSBURY ACADEMIC AA2KEgypt.indb2KEgypt.indb iiiiii 112/12/092/12/09 99:42:59:42:59 PPMM First published in 2010 by: Bloomsbury Academic An imprint of Bloomsbury Publishing plc 36 Soho Square, London W1D 3QY, UK and 175 Fifth Avenue, New York, NY 10010, USA Copyright © Nagla Rizk, Lea Shaver and the contributors 2010 (CC) 2010 by Nagla Rizk, Lea Shaver and the contributors This work is licensed under the Creative Commons Attribution Noncommercial licence. Anyone is free to copy, distribute, display or perform this work—and derivative works based upon it. Such uses must be for noncommercial purposes only, and credit must be given to the authors, the editors and the publisher. CIP records for this book are available from the British Library and the Library of Congress ISBN 978-1-84966-008-2 e-ISBN 978-1-84966-016-7 This book is produced using paper that is made from wood grown in managed, sustainable forests. It is natural, renewable and recyclable. The logging and manufacturing processes conform to the environmental regulations of the country of origin. Printed and bound in Great Britain by the MPG Books Group, Bodmin, Cornwall www.bloomsburyacademic.com AA2KEgypt.indb2KEgypt.indb iivv 112/12/092/12/09 99:42:59:42:59 PPMM This work was made possible by the generous support of THE MACARTHUR FOUNDATION AA2KEgypt.indb2KEgypt.indb v 112/12/092/12/09 99:42:59:42:59 PPMM AA2KEgypt.indb2KEgypt.indb vvii 112/12/092/12/09 99:42:59:42:59 PPMM vii Contents List of Tables and Figures ix Biographies xi Advance Acclaim for Access to Knowledge in Egypt xv Foreword by Jack Balkin xix 1 Access to Knowledge: Economic, Global and Local Perspectives 1 Nagla Rizk & Lea Shaver The costs and benefi ts of privatizing knowledge 2 Access to knowledge: a global perspective 4 Access to knowledge: an Egyptian perspective 7 The contributions of this volume: a preview and themes 9 Acknowledgments 12 2 Egypt’s Role in the A2K Movement: An Analysis of Positions and Policies 16 Ahmed Abdel Latif Developing countries and the global knowledge architecture 17 Egypt’s role in international A2K processes and negotiations 24 Balancing TRIPS obligations and TRIPS-plus demands 38 Toward A2K-supportive public policies 46 Conclusion 50 3 Access to Medicines in Egypt: A Human Rights Approach to IP, Trade and Health 56 Hossam Bahgat & Rebecca Wright Economic and policy context of access to medicines in Egypt 58 Pharmaceutical litigation and the role of the judiciary 64 TRIPS-plus proposals in bilateral trade agreements 76 The way forward: a human rights approach 80 AA2KEgypt.indb2KEgypt.indb vviiii 112/12/092/12/09 99:42:59:42:59 PPMM viii CONTENTS 4 Stories from Egypt’s Music Industry: De Facto Commons as Alternatives to Copyright 92 Nagla Rizk Conceptual framework 94 Stories from Egypt’s music industry 101 Two stories and illegal music copying 118 Conclusion: two verses, a “common” refrain? 126 5 The Software Industry in Egypt: What Role for Open Source? 134 Nagla Rizk & Sherif El-Kassas OSS as paradigm shift 135 Conceptual framework 137 The Egyptian software industry landscape 144 Perspectives from the fi eld 152 Conclusion 164 6 Information and Communications Technology for Development: Building the Knowledge Society in Egypt 174 Sherif Kamel ICT4D in Egypt since 1985: from an information society to a knowledge society? 176 Promoting ICT4D: an overview of current programs and initiatives 180 Electronic readiness: ICT for All 181 Electronic learning: ICT for education 186 Electronic culture: digital Arabic content 192 Conclusion 197 Index 205 AA2KEgypt.indb2KEgypt.indb vviiiiii 112/12/092/12/09 99:42:59:42:59 PPMM ix List of Tables and Figures Tables 4.1 Legal websites for music downloads in Egypt 107 4.2 Popular websites for illegal music downloads 119 4.3 Most frequented social forums that offer file sharing in Egypt 120 6.1 Development of the information society in Egypt 175 6.2 Seven tracks of the Egyptian information society strategy 181 6.3 Change in ICT infrastructure indicators, 1999-2008 187 Figures 4.1 Market share for mainstream music 103 4.2 IIPA estimated piracy rates and trade losses in records and music industry in Egypt due to copyright infringement 122 5.1 OSS businesses within prevailing software business models in Egypt and across mutilayers of OSS human capital 153 AA2KEgypt.indb2KEgypt.indb iixx 112/12/092/12/09 99:42:59:42:59 PPMM AA2KEgypt.indb2KEgypt.indb x 112/12/092/12/09 99:42:59:42:59 PPMM xi Biographies Contributors Ahmed Abdel Latif Ahmed Abdel Latif is Programme Manager for Intellectual Property (IP) at the International Centre for Trade and Sustainable Development (ICTSD) in Geneva and previously, Egyptian diplomat at the Permanent Mission of Egypt in Geneva (2000-2004) where he followed IP issues, fi rst at the World Intellectual Property Organization (WIPO) and then also at the World Trade Organization (WTO). This assignment led to his close involvement in the formation of the A2K movement and the launch of the WIPO Development Agenda. He is a graduate of the American University in Cairo (AUC), the London School of Economics and Political Science (LSE) and the Institute of Political Studies - Paris (Sciences-Po). He has written “Developing Country Coordination in International Intellectual Property Standard-setting,” (TRADE Working Paper 24, South Centre, June 2005). Hossam Bahgat Hossam Bahgat is founder and Director of the Egyptian Initiative for Personal Rights (EIPR), an independent Egyptian human rights organization which works since 2002 through research, advocacy and litigation to promote and defend the rights to health, privacy, religious freedom and bodily integrity. In 2005, Bahgat founded the EIPR’s Health and Human Rights Program, which conducts policy research and strategic litigation in the areas of public health policy, access to medicines and health related discrimination. With training in political science and international human rights law, Bahgat is also a board member of the International Network on Economic, Social and Cultural Rights (ESCR-Net) and a member of its Right to Health steering committee. Jack Balkin Jack M. Balkin is Knight Professor of Constitutional Law and the First Amendment at Yale Law School. Professor Balkin received his PhD in philosophy from Cambridge University, and his AB. and JD degrees from Harvard University. He served as a clerk for Judge Carolyn Dineen King of the United States Court of Appeals for the Fifth Circuit. He is a member of the American Academy of Arts and Sciences. Professor Balkin writes political and legal commentary at the weblog Balkinization. He is the AA2KEgypt.indb2KEgypt.indb xxii 112/12/092/12/09 99:42:59:42:59 PPMM xii BIOGRAPHIES founder and director of the Information Society Project at Yale Law School, an interdisciplinary center that studies intersections between law and new information technologies. His books include Cultural Software: A Theory of Ideology, The Laws of Change: I Ching and the Philosophy of Life, Processes of Constitutional Decisionmaking (5th edn, with Brest, Levinson, Amar and Siegel), Legal Canons (with Sanford Levinson), What Brown v. Board of Education Should Have Said and What Roe v. Wade Should Have Said. Sherif El-Kassas Sherif El-Kassas is currently Associate Professor at the Department of Computer Science and Engineering at the American University in Cairo. El- Kassas’s research interests are focused on security management, the application of formal methods in software engineering and computer security, and open source technologies. El-Kassas is also a consultant for various organizations; Member of the board of trustees of the Information Technology Institute; Member of the board of the Egyptian Open Source Business Consortium NGO; and Member of various professional computing societies. El-Kassas received his PhD from the Eindhoven University of Technology in the Netherlands. Sherif Kamel Sherif Kamel is Professor of Management and Dean of the School of Business at the American University in Cairo. His research and teaching interests include IT management and transfer to developing nations, eBusiness, human resources development, and DSS. Kamel is the author of over 150 publications in IS and management books and journals. Kamel is the Associate Editor of the Journal of Cases on IT, Journal of IT for Development and the Electronic Journal of IS in Developing Countries. He is a founding member of the Internet Society of Egypt (1996) and the AIS SIG GlobDev (2008). He is the Chairman of the Chevening Association in Egypt. Kamel is an Eisenhower Fellow and a member of the Eisenhower Fellowships Alumni Advisory Council. He serves as cochair of the ICT committee of the American Chamber of Commerce in Egypt. He holds a PhD from the London School of Economics and Political Science (1994), an MBA (1990) and a BA in Business Administration (1987) from The American University in Cairo. Nagla Rizk Nagla Rizk is Associate Professor of Economics at the American University in Cairo. Her area of research is the economics of knowledge, AA2KEgypt.indb2KEgypt.indb xxiiii 112/12/092/12/09 99:42:59:42:59 PPMM BIOGRAPHIES xiii technological change and economic development with focus on information and communication technology (ICT), intellectual property and human development in Egypt and the Arab countries.