Validating South Africa’s Copyright Reform through the Lens of US GSP: The Need to Abolish Reciprocal Requirements

The document analyzes the tension between South Africa's efforts to reform its copyright law via the Copyright Amendment Bill B13-2017 and the US Trade Representative's (USTR) review of South Africa's GSP eligibility. It argues that the US uses GSP conditionalities to protect its own IP interests and force reciprocity, which infringes on the national regulatory space of developing nations. The author suggests that South Africa and other African nations should diversify their exports toward knowledge-based goods and pursue a bottom-up approach to IP rights through the African Continental Free Trade Agreement to reduce dependence on unilateral US trade arrangements.

• The US Trade Representative (USTR) initiated a review of South Africa's IP GSP country practice eligibility following a petition by the International Intellectual Property Alliance (IIPA). The IIPA claims the Copyright Amendment Bill B13-2017 (CAB) is non-compliant with the Berne Convention and TRIPS, specifically citing concerns over 'fair use' provisions, licensing mechanisms, and the limitation of rights transfers to 25 years.
• The US GSP review process is characterized by a lack of objective standards and excessive presidential authority, which creates unpredictability and an imbalance of power. The document notes that reviews can take years to conclude—citing the Uzbekistan case which took nearly 20 years—and can be used as a tool to extract reciprocal concessions from developing countries.
• South Africa faces significant economic risks if its GSP and African Growth Opportunity Act (AGOA) benefits are suspended. While South Africa maintains a trade surplus with the US under normal tariff conditions, specific sectors like agriculture are highly vulnerable, having enjoyed approximately $304 million in preferential market access under AGOA in 2018.
• The US has proposed to the WTO that G20 members or countries accounting for at least 0.5% of global merchandise trade should no longer benefit from Special and Differential (S & D) treatment provisions. As South Africa meets both criteria, it is particularly susceptible to this shift toward mandatory reciprocity.
• To mitigate dependence on unilateral US trade policies, the document recommends that South Africa diversify exports toward value-added, knowledge-based goods and strengthen trade relations with BRICS partners like China and Russia.
• The author advocates for a 'bottom-up' approach to the development of the African Continental Free Trade Agreement’s IP Rights Protocol to ensure it meets the needs of African stakeholders rather than following a top-down, external model.

APA

Thopacu, H. (2020). Validating South Africa’s Copyright Reform through the Lens of US GSP: The Need to Abolish Reciprocal Requirements. South African Institute of International Affairs. https://saiia.org.za/wp-content/uploads/2020/05/PI-84-EDIP-Thopacu-FINAL-WEB.pdf

Chicago

Thopacu, Hilda. Validating South Africa’s Copyright Reform through the Lens of US GSP: The Need to Abolish Reciprocal Requirements. South African Institute of International Affairs, 2020. https://saiia.org.za/wp-content/uploads/2020/05/PI-84-EDIP-Thopacu-FINAL-WEB.pdf.

Wikipedia

{{cite report |last1=Thopacu |first1=Hilda |title=Validating South Africa’s Copyright Reform through the Lens of US GSP: The Need to Abolish Reciprocal Requirements |publisher=South African Institute of International Affairs |date=May 2020 |url=https://saiia.org.za/wp-content/uploads/2020/05/PI-84-EDIP-Thopacu-FINAL-WEB.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{thopacu2020validating, author = {Thopacu, Hilda}, title = {{Validating South Africa’s Copyright Reform through the Lens of US GSP: The Need to Abolish Reciprocal Requirements}}, institution = {South African Institute of International Affairs}, year = {2020}, month = may, url = {https://saiia.org.za/wp-content/uploads/2020/05/PI-84-EDIP-Thopacu-FINAL-WEB.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }