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

This policy brief examines the tension between South Africa's Copyright Amendment Bill (CAB) and the United States' Generalised System of Preferences (GSP). It argues that the US uses GSP eligibility reviews to pressure developing nations into adopting US-oriented intellectual property laws, which may undermine national regulatory space and developmental goals.

• The South African government introduced the Copyright Amendment Bill (CAB) to address failures in the Copyright Act 98 of 1978, including its inability to govern digital exploitation, poor governance of collecting societies, and limited access to materials for education.
• The International Intellectual Property Alliance (IIPA) challenged the CAB, claiming it violates international obligations under the Berne Convention and TRIPS. Specific objections include the 25-year limit on the transfer of rights, the broad nature of 'fair use' provisions, and inadequate enforcement against online piracy.
• The US uses the GSP eligibility review process as a unilateral tool to enforce compliance with its own intellectual property interests, which the author contends contradicts the non-reciprocal spirit of the WTO's Enabling Clause.
• Case studies of GSP reviews in Ukraine, Argentina, and Uzbekistan demonstrate that these processes can be unpredictable, last for many years, and lack objective standards, creating an imbalance of power against developing countries.
• South Africa faces significant economic risks if GSP and AGOA benefits are withdrawn, particularly in the agriculture sector, which had approximately $304 million in preferential market access under AGOA in 2018.
• To mitigate dependence on unilateral US trade preferences, the author recommends that South Africa diversify exports toward value-added, knowledge-based goods and strengthen trade ties with China and Russia.
• At a continental level, the author advocates for the African Union to develop an IP Rights Protocol for the African Continental Free Trade Agreement using a bottom-up approach to ensure it meets the needs of all stakeholders.

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} }