[A2k] IPJ: WIPO Decision on Broadcast Treaty: 2007 DipCon IF Agreement Achieved

[Robin Gross]

2 October 2006 ~ IP Justice Media Release

Contact: Robin Gross, IP Justice Executive Director
robin@ipjustice.org +1-415-553-6261

WIPO General Assembly Decision on Broadcast Treaty:
=93Diplomatic Conference will be convened IF agreement is achieved=94

The World Intellectual Property Organization (WIPO) General Assembly
rejected the decision by the Chairman of the Standing Committee on
Copyrights and Related Rights (SCCR) to convene a Diplomatic Conference
next summer to finalize a treaty that would create new rights for
broadcast companies.

The 42nd WIPO General Assembly instead called for 2 additional meetings
in 2007 to work out the many contentious provisions remaining in the
proposed Broadcast Treaty. WIPO is the United Nations Specialized Agency
charged with making intellectual property law treaties.

After several days of both formal and informal discussions, on 2 October
2006, the General Assembly decided that =93the Diplomatic Conference will
be convened if such agreement is achieved.=94

At an early September SCCR meeting, the Chairman asked for =93silent
approval=94 of his decision to convene the Diplomatic Conference =96 even
after a number of Member States including India, Brazil and the U.S
objected to the premature decision. The lack of consensus among Member
States on the decision to move forward with the Broadcast Treaty was one
of the most contentious issues at this year=92s General Assembly and
clouded WIPO=92s legitimacy as a democratic institution.

=93While proponents of the Broadcast Treaty hail this as a victory, since
a Diplomatic Conference may still be convened next year, the General
Assembly=92s refusal to rubber-stamp the decision of the SCCR Chairman is
the real victory at WIPO,=94 said IP Justice Executive Director Robin
Gross. The inclusion of the two-letter word =93if=94 in the decision to
convene a Diplomatic Conference makes an enormous difference in the
outcome. =93A Diplomatic Conference is now contingent upon Member States
reaching consensus where there are currently great differences,=94 Gross
added, =93such as the inclusion of anti-circumvention measures in the
treaty and outlawing Internet retransmissions of programs.=94

Another important achievement is the General Assembly=92s decision to
narrow the scope of the treaty to a =93signal=94 based approach, something
that a majority of Member States and NGOs had called for in the SCCR
meetings. The SCCR Chairman=92s Draft Proposal instead would create 8 new
intellectual property rights for broadcast companies. Although some
proponents of the Chairman=92s draft argue that his draft also takes a
=93signal based approach=94, Member States will now have to define key
terms, including the term =93signal=94 in the next draft.

Negotiations will continue on the Broadcast Treaty at a January 2007
meeting at WIPO. There will also be another opportunity to negotiate
differences in June 2007 at a meeting to be held in conjunction with a
preparatory meeting for a Diplomatic Conference. If Member States reach
sufficient agreement by the June 2007 Broadcast Treaty meeting, the
Diplomatic Conference will be held from 19 November =96 7 December 2007 in
Geneva to finalize treaty drafting.

More Information:
IP Justice Broadcasting Treaty Page:
http://ipjustice.org/wp/campaigns/wipo/wipo-broadcasting-treaty

Decision of 42nd WIPO General Assembly on Broadcast Treaty:
http://ipjustice.org/wp/2006/10/02/wipo-general-assembly-decision-on-broadc=
ast-treaty

IP Justice Statement at 42nd General Assembly:
http://ipjustice.org/wp/2006/09/27/ip-justice-statement-at-wipo-42nd-genera=
l-assembly

IP Justice Report from 15th SCCR Meeting:
http://ipjustice.org/wp/2006/09/13/328/