TWN Info Service on Intellectual Property Issues (Mar08/06)
15 March 2008
Third World Network


Below is a news report on the final outcome of WIPO Copyright committee that met from 10 – 12 March 2008.

It was first published by SUNS and is reproduced here with permission.


Best Regards
Sangeeta Shashikant
Third World Network
email: ssangeeta@myjaring.net

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WIPO: Copyright meeting ends, retains 3 items on its agenda
Published in SUNS #6435 dated 14 March 2008


Geneva, 13 Mar (Riaz K. Tayob) -- The WIPO Standing Committee on Copyright and Related Rights (SCCR) ended its three-day session on Wednesday (12 March) by retaining on its agenda the three main discussion items on the table (limitations and exceptions, and the protection of broadcasting organisations and audio visual performances).

It deferred a decision on a proposal put forward by the EU, supported by other developed countries to introduce new issues on the agenda for future work of the SCCR. These issues are resale rights, collective management, orphan works and applicable law. Some developing countries asked for more details on these issues.

The draft conclusions put forward on the morning of the final day attracted intense debate resulting in final conclusions that were orally presented and agreed to. A written text was not yet distributed when the meeting ended.

A major issue at this meeting was the issue of imitations and exceptions to copyright (L&E). A work plan for this issue was proposed by Chile, Brazil, Nicaragua and Uruguay and supported by many other developing countries.

The conclusions of the meeting included continuing the work on L&E, with the Secretariat asked to prepare a paper and an information session. However, a decision on some elements of the proposal for specific work on L&E by the four countries was deferred as developed countries requested more time to consider the proposal.

On the work plan on L&E proposed by Chile, Brazil, Nicaragua and Uruguay, it was concluded that many delegations who took the floor supported the proposal in whole or in part. Other delegations expressed support or opposition to specific elements of the 2005 Chilean proposal.

(This is in SCCR/13/5. The work plan put forward at this meeting was based on this 2005 proposal. See SUNS #6434 dated 13 March 2008).

The committee concluded and requested the Secretariat to conduct a study on L&E for the benefit of educational activities; and hold, at the next SCCR session, an information session on existing and forthcoming studies. It also decided that the next session of the committee would consider a more detailed work plan on this subject.

The conclusions also cover the protection of broadcasting organisations, as well as the protection of audio visual performances. These two issues, as well as L&E will be retained on the committee's agenda.

The meeting concluded that a decision on the future work of the committee would be considered at its next session tentatively scheduled for 3 to 7 November 2008.

On the protection of broadcasting organisations, it was agreed that the SCCR chair, Jukka Liedes of Finland, would prepare an informal paper based on the revised mandate of the General Assembly. The paper will include his understanding of the main convergences and divergences (among delegations), and it will be discussed at the next SCCR.

India, who proposed tasking the Chair instead of the Secretariat, said that it would not be possible for the Secretariat to prepare such a paper. Much of the broadcasting discussions were held informally and the Secretariat was not necessarily privy to them.

Liedes, in accepting the request, joked that it was a "dangerous exercise" and that the committee was "punishing him."

The committee also concluded that delegates who took the floor on the protection of audio visual performances were willing to discuss issues of substance. The Secretariat is requested to prepare a factual document summarising the outcome of activities; compile a stock taking of members' views; and organise seminars, at the national and regional level, and an information meeting before the next meeting.

Regarding future work items of the committee Slovenia, for the European Community, said its priorities were resale rights, collective management, orphan works and applicable law. The US, Switzerland, Australia and New Zealand supported the EC. Brazil and Chile requested further information on the objectives and scope of these proposals.

Some NGOs which have been advocating that the Committee devote much of its future work to limitations and exceptions to copyright were to some extent satisfied that the issue had a good airing and that it remained on the agenda, although the most important parts of the proposal by Chile and others had not been adopted at this session.

They were however suspicious of the new issues put forward by the EU and supported by other developed countries, that it may partly or even largely be a tactic to dilute and divert away from the time and importance that would otherwise be given to the L&E issue.

After the meeting was over, a delegate from Chile told SUNS that his delegation was rather satisfied with the conclusion and that they expected more resistance to their proposed work plan.

A Brazilian diplomat also privately commented that the outcome was generally positive in that no delegation opposed the entire proposal on L&E work plan, only parts of it. He noted that there was clear resistance to any norm setting on L&E from Group B (of developed countries).

The Brazilian diplomat also saw the work plan proposal as a welcome reflection of WIPO Development Agenda concerns. He said it was a good sign that such issues were arising in the committee. +