The standards of copyright protection promoted by the Berne Convention are highly problematic for developing countries because these countries need to ensure a wide dissemination of works for teaching, scholarship, and research purposes. In order to accommodate these needs and to promote accession to this Convention, the 1971 Paris Act of the Berne Convention included an Appendix that allowed developing countries to issue compulsory licenses for translating and/or reproducing foreign works into languages of general use in their territories.

The increasing number of developing countries that have become parties to the Berne Convention may suggest that the mechanism provided by the Appendix meets some of the aforementioned needs. Reviewing domestic copyright legislation of those countries shows, however, that their laws do not rely on the provisions of the Appendix and have rather developed idiosyncratic solutions. Moreover, the Appendix does not address the needs of linguistic and cultural minorities in both developed and developing countries. It is also arguable whether the Appendix applies to online works. A new instrument should resolve these limitations by providing real solutions for the needs of developing countries and linguistic minorities. This paper proposes what issues should be included in that new instrument.