Rough Notes on the WIPO Broadcasting Treaty Issue from the 2007 WIPO General Assembly
28 September 2007 - Geneva, Switzerland
From Nick Ashton-Hart
WIPO Deputy Director General Michael Keplingler introduced the background of the special sessions, following last year’s GA
“During the second special session it became clear that no dipcon could take place in 2007”
In the informal discussion it became evident that during the session it would not be possible to carry out the mandate of the GA
Several dels wanted to continue to talk, but many delegations wanted time to reflect first.
Portugal:
EC thanks WIPO for S1 and S2. Thanks the chairman for the work on the subject. Disappoiinted by the inconclusive results and the lack of commitment for a dipcon at this stage. Believes the discussions were useful. EC encourages this GA to mandate the SCCR to continue to devote time and effort to this important topic.
Costa Rica:
Values the work of the Chair of the SCCR. In view of ICT and Internet development, efforts must be stepped up to keep up with developments. Suggests drafting of a new treaty based upon Rome. Necessary to keep up interest in consensus as decided by 2007 GA (3 points). Believe the Assembly should have a 3rd session of the SCCR on this and work to get to a dipcon. Wants the SCCR to keep this item on its regular agenda. Future disc should be based on SCCR/15/2.
Kenya:
Commends the SCCR and Chair, and Wipo on the work done on last 9 years on the proposed treaty. Kenya’s actively participated at all levels in this work. Following S2, del wishes to reiterate position from that session. Due to stalemate disc should continue until a consensus exists on the contentious issues
Japan:
Appreciates efforts of members states since last GA. Have been discussing this for 9 years. In spite of disappointing outcome of S2, still a need for a treaty to complement Internet treaties. Due to importance of subject, hopes member states and secretariats keep working on this in SCCR. Supports continued work on a consensus so a dipcon can be convened.
Algeria
African group thanks secretariat for efforts facilitating negotiations on adoption of a treaty. Thanks the Chair of SCCR for praiseworthy efforts to get a consensus. Question of bcasting is important; we think the question should be kept on the SCCR agenda including cablecasting. Additional efforts should be made to reach agreement on 3 points before planning for a dipcon. Webcasting cannot be given legal protection because dev countries are receiving all the negative effects of the digital divide. Should be protection for signals leading to balanced situation between rightsholders and access for users. African Group considers the SCCR should also include on its agenda other items – in particular connected with implementation of the recommendations of the PCDA regarding use of broadcasting for educational purposes.
Australia:
Supports keeping this on the agenda. Might be time to have the experts called in to make presentations on latest developments on technical means used by broadcasters. Conscious this is a rapidly developing area of technology. Impact on broadcasting incl podcasts is great. Note the Africa group’s view that no webcasting be covered (agrees I think), but notes that trad. Broadcasters using the internet to transmit services. Secretariat might consider doing what it did earlier this decade and have experts present on technological developments.
Argentina:
Regrets no agreement reached on 3 points. Issue of particular interest for our country. Hopes the regular SCCR sessions there will be will shown to progress on the issue including cablecasting with particular attention to dev countries.
Indonesia:
Appreciates the SCCR processes on this issue. Welcomes the recommendation of the committee. Of the view that the committee needs to get more clarification and agreement on main principles such as on exclusive rights and by any means, difficulty understanding the issues let alone agreeing. No dipcon in near future if fundamental questions are not solved. Ready and willing to be involved in substantive work on the issue.
Iran
Appreciates the SCCR work on the issue and the secretariat over the last decade. Willing to continue negotiations on the issue in the regular sessions of the SCCR. Scope of the proposed treaty should be limited to traditional broadcasting in traditional ways. Subject confined to signals and to protection against signal piracy. No contradiction between program rights and the broadcaster. No new secondary layer of copyright for broadcasting as it will restrict the ability of countries to have access to information and scientific development.
Poland:
Grp of Cent European States regrets S1 and S2 resulted that the time is not right for a treaty on the subject. Discussions were fruitful, delegations worked hard but no agreement could be reached. Sooner rather than later, development of techonolgy will require adjusted protectio of their rights. In the meantime discussions should continue on this topic in regular sessions of the committee.
El Salvador:
Given results of S1 and S2 and no agreement on the basic proposal or chair’s paper, we want to focus on progress on reaching agt according to 2006 GA statement on the subject. Hope the future meetings will have this on the agenda of the regular sessions. Indeed also wants other issues of concern to developing countries to be on the agenda.
China:
Prot of broadcating is linked to holders of rights, related rights, and public. China believes that SCCR has done considerable work in this regard and achieved some progress. Note that the current progress of protection of these rights is inadequate and therefore the item should be retained on the regular SCCR sessions’ agenda.
Turkey
Believe that the last SCCR session contained lots of work and there is still the possibity of consensus. Thanks the chari of the ssccr for his work. Still space for agreement and consensus for a dipcon. Support the recommendation the item be kept on the SCCR agenda.
South Africa
Supports African group statement. Underlines importance of access to information and any treaty which compromises this is not favourable to SA. Current proposals from SCCR continues to ignore fundamental issues and limitation to signal protection plus access to knowledge issues. S Africa will continue to discuss the issue. Urges WIPO to move the discussions along congruent with dev agenda as 9 years have been spent on this topic already.
Mexico
Important to update internatlional rules in balance with protection based upon preventing signal piracy. Mexico supports very strongly the retention of discussions on this issue.
Morocco:
Welcome the work of the secretariat and the chairman. We find some progress was achieved. Several breakthroughs have taken place. Many items remain pending. Effort necessary to reach consensus on a dipcon to update rights of traditional broadcasters. Supports retaining issue on SCCR agenda.
Chile
Took part with great interest in disc. Such an important issue, which is why we’ve all been so interested in it. Why so many other stakeholders have come to present their concerns. Despite this, we require further info on issues. Time and dedication of all dedications, secretariats trying to bridge divergences. These came out very clearly in the last SCCR. Having seen the progress over 10 years, bearing in mind we haven’t reached agreement on the 3 points, we need to recognise that perhaps we should have a pause to reflect on where we want to go with the process. Such a pause would allow us to focus on other issues such as L&E, access to information. That would allow time for more experience at the national level on the consequences of change and developments. Should remain on the agenda as just one issue so we can give attention to other important issues.
Brazil:
Thanks everyone for the work on the subject. Noted after time spent on this subject consensus very elusive. We consider the decision recommended in S2 which was carefully drafted is very wise. 9 years spent, very useful, many aspects adequately addressed, but issue is extremely controversial. Conditions not ripe for any dipcon in the near future. Interested in new issues like L&E esp science, health, education, public domain, A2k, all of great interest. If seminars are to be held. They shold be proceeded by imact studies, open discussions, open-ended public consultations. Should strive to include new stakeholders that operare in regards to broadcsting not just traditional ones. Should look at evolving trends and markets and public policy issues. Most of all the seminars should reflect in the speakers and views reflected and those attending the issues and views of developing countries.
Ukraine
Our view cable and broadcasting is one of the most important areas in IP. Should be resolved in area of related rights. Protection should be related to illegal use of signals. At S2, no adoption of a final text. Agree with the recommendation fo the SCCR. Appeal to the member states that they step up their work to reach a compromise on the difficult issues.
India
Disappointed that basic issues have no agreement appreciate good faith effort of chairman of achieving a balanced view taking into account the polarised views. 668 millions lost by India in the meantime due to piracy. Urges the GA to clearly reiterate earlier mandate. Should be clarified that com networks are not to be directly or indirectly be included in any such treaty. Need impact studies on comp network issues, A2K, development perspectives as in PCDA should be studied. In like with Brazil, Aust, and Chile, new set of docs may be prepared keeping in mind the PCDA recommendations. No purpose to going back to SCCR/15/2. Should keep the issue on the agenda of the SCCR. Decision of this GA should reiterate further work confined to trad broadcasting, studies taken and the proposals developed based upon these impact studies.
Russia
No objection to the item being kept on the agenda as after agt reached we could come back to the issue of convening a dipcon.
Pakistan
Thanks the SCCR chair for work. Sessions have helped clarify issues but disc not in a mature stage. Time out is the best option at this stage. However, issue may remain on SCCR agenda in future.
Uruguay:
Welcomes efforts to date. Joins previous speakers saying that agt needs to be reached on specific scope before text prepared, which is why we agree with Chile that time out is good and we should talk about other things such as L&Es. Disc in coming sessions should be broadened.
Nigeria:
Joins others in acknowledging progress made in last couple years. Believe it is important but should be limited to traditional broadcasting and the subject should be retained in the SCCR agenda.
Chair then closed the speakers list
Draw attention to decision in para 5 for adoption.
Adopted unanimously