[A2k] Some doubts on broadcast treaty after Assembly decision

[Sangeeta]

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SUNS #6111 Tuesday 3 October 2006



WIPO: Some doubts on broadcast treaty after Assembly decision



Geneva, 2 Oct (Sangeeta Shashikant) -- The WIPO General Assembly has adopted

a decision on the protection of broadcasting organizations which goes a few

steps backwards on negotiating and finalizing a new treaty on the issue.



The decision adopted on 2 October confirmed an earlier proposal (made by

WIPO's copyright committee) that a diplomatic conference would be convened,

aimed at finalizing and concluding the treaty.



But it significantly postponed the date of the diplomatic conference to 19

November-7 December 2007, instead of the proposed 11 July-1 August 2007.

This means that the next General Assembly (the supreme decision-making body

of WIPO) could still consider the issue as to whether to hold the

conference.



More importantly, the 2 October decision mandates that two other sessions of

the copyright committee be held in the year ahead. One of their tasks is to

amend crucial parts of the latest draft of the treaty, and the diplomatic

conference will be convened only if an agreement on the amendments is

achieved.



There is thus a real possibility that the diplomatic conference will not be

convened, or that if it is it would be on a significantly different basis

than what seemed to have been approved only a fortnight ago at the last

meeting of the copyright committee.



This rather dramatic change has been due to the discontent that several

developing countries had felt about the conclusions of the copyright

committee's last meeting in September, their serious doubts about the

desirability of the broadcasting treaty along the lines envisaged, and more

recently to an apparent change of view by the United States (from supporting

a diplomatic conference to being reluctant).



The present situation appears very fluid and the prospects of finalizing the

treaty has become cloudy, given the conditions set out before the diplomatic

conference can be convened.



Several NGOs that have opposed the latest draft of the treaty on the grounds

that it went against the public interest and adversely affected access of

the public, especially in developing countries, to knowledge, welcomed the

sudden shift in the situation.



A representative from a US-based NGO Consumer Project on Technology said

that the General Assembly "corrected a mistake made two weeks ago"

(referring to the recommendation of the 15th SCCR). The representative added

that "it shows that there are some problems with the way the SCCR is run and

hopefully, the WIPO leadership will get the hint."



The General Assembly's 2 October decision varies the recommendation made by

the Standing Committee on Copyright and Related Rights (SCCR) to the GA at

its 15th session held on 11- 13 September 2006.



The SCCR recommended the convening of a diplomatic conference on 11 July-1

August 2007 with the Revised Draft Basic Proposal (SCCR/15/2) being the main

negotiating text for the conference. (See SUNS #6099, 15 September 2006).



According to the 2 October decision, the GA approves the convening of the

diplomatic conference on 19 November-7 December 2007 under the "conditions

set out".



It states that "the objective of this Conference is to negotiate and

conclude a WIPO treaty on the protection of broadcasting organizations,

including cablecasting organizations. The scope of the treaty will be

confined to the protection of broadcasting and cablecasting organizations in

the traditional sense".



It adds that the Revised Draft Basic Proposal (Document SCCR/15/2) will

constitute the Basic Proposal, with the understanding that Member States may

make proposals at the Conference.



Also, there will be a meeting of a preparatory committee in June 2007 to

prepare the conference's modalities and rules of procedure.



The conditions set out for the conference are that two special sessions of

the SCCR "to clarify the outstanding issues" will be convened in January and

June 2007.



It is understood that the "sessions of the SCCR should aim to agree and

finalize, on a signal-based approach, the objectives, specific scope and

object of protection with a view to submitting to the Diplomatic Conference

a revised basic proposal, which will amend the agreed relevant parts of the

Revised Draft Basic Proposal" (SCCR/15/2).



The Decision adds that "the Diplomatic Conference will be convened if such

agreement is achieved", and "if no such agreement is achieved, all further

discussions will be based on Document SCCR/15/2".



The recommendation of the SCCR is being amended following concerns expressed

by several delegations in particular India, Iran, Indonesia, Chile, Canada,

Uruguay and the US that the draft text SCCR/15/2 that is supposed to be the

basis for negotiations at the Diplomatic Conference did not command

sufficient consensus to guarantee a successful conference.



The GA on 2 October morning debated the draft decision. Mexico said it was

not the best solution but it would not oppose the consensus.



India said that while it was inclined to go along with the draft decision,

it was of the view that there was a third scenario that had not been

included in the decision i. e. if there is "partial agreement" by the second

SCCR, the basis of discussion would be the Revised Draft Basic Proposal SCCR

15/2 as amended to the extent agreed to by Members during the SCCR meetings.



India was referring to the inclusion in the draft decision the sentences

"The Diplomatic Conference will be convened if such agreement is achieved"

(the first scenario, proposed by the US) and "If no such agreement is

achieved, all further discussions will be based on Document SCCR 15/2" (the

second scenario, proposed by Brazil).



Outside the meeting, an Indian delegate explained that the third scenario i.

e. that of "partial agreement", would likely emerge in the second SCCR

meeting and that it is why it wanted to place its statement on the record.



However, some delegations would like certainty that if no agreement is

reached, discussions will be based on "Document SCCR 15/2", because that

document contains all the alternative proposals proposed by developing

countries.



This outcome was only achieved after many meetings. There is some worry that

in the process of the SCCR discussions (after the GA), several of these

proposals will be dropped off and that if there is no agreement, then

discussions could continue on the basis of a text that does not contain

these alternative proposals.



Some delegations also indicated privately that the fact that the GA decided

on 19 Nov-7 Dec 2007 as the new dates for the diplomatic conference would

give delegations an opportunity to raise issues pertaining to the convening

of the conference, if needed, at the 2007 General Assembly (usually held in

September).



This opportunity is important to some delegations as they fear that even if

there is little agreement on the draft text by the second SCCR, there will

nevertheless be attempts to push forward for a diplomatic conference.



This is what many delegations and observers say happened at the last SCCR

meeting held in early September. At that meeting, despite the views

expressed by several member states that it was premature to convene the

diplomatic conference, the Chair of the SCCR, Jukka Liedes of Finland,

steamrolled over these objections and pushed for a recommendation from the

SCCR to convene a diplomatic conference.



The GA decision also addresses several concerns raised by developing

countries in previous SCCR meetings. In response to concerns that the

current draft text SCCR/15/2 contains provisions that goes beyond just

dealing with the problem of signal, piracy, the decision specifies clearly

that the sessions of the SCCR "should aim to agree and finalise" a text that

takes a "signal-based approach".



In addition, on several occasions in the past, the problem of lack of

clarity or consensus on what are the objectives, specific scope and object

of protection of the proposed treaty have been raised. In this regard the

draft text tasks the SCCR sessions next year to agree on these important

issues, before the diplomatic conference can be convened.



The Decision suggests that if no agreement is reached on these matters, the

diplomatic conference will not be held. +




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