[A2k] proposal for Chair's DRAFT conclusions

[Robin Gross]

This is what the Chair is currently proposing as the conclusions of the
SCCR Chair.

NOTE: Meeting is not over yet though - so not a done deal.  A number of
states continue to object to a diplomatic conference at this time.  But
SCCR Chair is going ahead anyway.  Who's going to stop him, after all?

Robin

~~~~~~~~~~~~~~~~~~~~~~~~

Conclusions of the SCCR
prepared by the Chair

Recommendation on the diplomatic conference.

A diplomatic conference on the protection of broadcasting organizations
be convened [11 July - 7 Aug 2007] in Geneva.  The objective of this
diplomatic 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 on the
protection of broadcasting and cablecasting organizations in the
traditional sense.

Conclusions on the preparatory steps.

Basic Proposal

A basic proposal for the diplomatic conference will be prepared on the
basis of the revised draft basic proposal and the discussions in the
September meeting of the SCCR, as well as the drafting instructions
below, adopted by the SCCR.  The basic proposal shall be distributed to
the Member States of WIPO, the European Community, as well as to the
observer organizations by January 2007.

Preparatory Committee

The meeting of a preparatory committee will be convened for mid-December
2006, to prepare the necessary modalities of the diplomatic conference.
The preparatory committee considers the draft rules of procedure to be
presented for adoption to the diplomatic conference, the lists of
states, as well as IGOs and NGOs to be invited to participate in the
conference, as well as other necessary organizational matters.

Consultation and information meetings.

The Secretariat of the WIPO will organize, in co-operation with the
Member States concerned, and at the request by the Member States,
consultations and information meeting on the matters of the diplomatic
conference.  The meetings will be hosted by the inviting Member State.

Instructions for the Preparation of the Basic Proposal.

The following is provided in order to allow consideration of whether the
items should be retained, reformulated or deleted.

General.

The basic proposal will be designed to clearly indicate the nature, the
focus and the scope of the instrument, i.e. the treaty will provide
protection for the signals of the broadcasting and cablecasting
organizations without affecting or addressing the rights on content
carried by the signal.

Preamble.

- A revised preamble will be prepared in order to clarify the objectives
of the treaty.  Explanatory notes shall further amplify these issues.

- Regrouping of provisions on certain general principles in the Preamble.

Definitions
- definition of "signal" will be added
- concept of "broadcast" will be explained or defined

Scope
- provisions on the scope will be refined (signal, broadcast)

Rights and protection
- a broad-based exclusive right of retransmission
- exclusive right of (the initial) fixation
- post-fixation rights

National Treatment
- the main principle
- in areas where different levels of protection are allowed, possibility
for reciprocity.

Limitations and exceptions
- the WPPT type of provisions on limitations and exceptions
- list approach

Technological measures
- as in the revised draft basic proposal
- certain conditions

Term of protection
 - [at least] 20 years

Eligibility
- unconditional, open for all Member States of the WIPO, as well as for
inter-governmental organizations

[Additionally]
- there will be a 2 day meeting to clarify outstanding issues in
conjunction with a Prep Conference
- a new "non-paper" available on 15 December 2006.