Copyright law and human rights: blind SA v minister of trade, industry and competition and its potentially far-reaching implications

Abstract

The tension between intellectual property protection and the advancement of human rights has been a pressing issue for a long time. The South African landmark case Blind SA v Minister of Trade, Industry and Competition brings to the fore, once again, the problems that can arise from the protection and enforcement of intellectual property rights. The Constitutional Court’s decision, in this case, is of great significance since it reinforces the importance of ensuring that laws, including intellectual property laws, comply with the pro-visions of the Constitution of the Republic of South Africa, 1996. The lack of disability exceptions in the Copyright Act 98 of 1978 was found to have violated the right to equality and the concomitant rights of people with print-based disabilities. The article argues that instead of the laws heavily leaning on protecting the rights of copy-right owners, there should be a shift to the rights of users. It is a constitutional imperative in South Africa that human rights should not only be recognised but also realised. The article concludes that the interpretation and enforcement of intellectual property laws in Africa at large need to be human rights-oriented.