[A2k] IP Justice Statement at 42nd WIPO GA

[Robin Gross]

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

*IP Justice Intervention Statement
at the 42nd General Assembly
of the World Intellectual Property Organization (WIPO)
Geneva ~ Switzerland
27 September 2006 *

Thank you, Mr. Chairman. I speak on behalf IP Justice, an international
civil liberties organization that promotes balanced intellectual
property law.

IP Justice strongly recommends, that Member States decide against
convening a Diplomatic Conference to draft a Broadcast Treaty. At the
15th Session of the SCCR several Member States made clear their
objection against moving forward based on the draft proposal. The SCCR
Chairman=92s decision to convene a diplomatic conference is premature and
lacks the consensus necessary for legitimate democratic law-making.

Again in this morning=92s session several Member States made clear their
objections to rushing into a Diplomatic Conference. For example:

    * The current draft proposal creates 8 new intellectual property
      rights for broadcast companies, instead of using a more
      appropriate =93signal theft=94 approach to address unlawful conduct,
      as recommended by many Member States.

    * The Chairman=92s proposal continues to regulate Internet
      transmissions of programming in Articles 9 and 14, which
      significantly threatens bloggers, podcasters, and other innovative
      Internet users of programming.

    * The proposal has not deleted the unpopular measures against the
      circumvention of technological restrictions =96 even after the
      majority of Member States expressed concern about their impact on
      the public domain, and on artists=92 and consumers=92 rights to use
      programming.

A more detailed analysis
<http://www.ipjustice.org/wipo/42GA_2006_Top_10_reasons_WIPO.pdf> of the
problems with the current draft proposal is available on the floor table
outside and on our website (www.ipjustice.org <http://www.ipjustice.org>).

By no means are these issues only political questions. It remains
unclear what implications a new IP rights for Broadcasters will have on
developing countries or the public as a whole.
Too many outstanding questions should be answered before a Diplomatic
Conference is convened.

Intellectual Property Rights can foster economic and social development,
but only if they maintain a balance between the rights of creators and
users =97 and only if they take into consideration the special needs of
developing countries. The Broadcast Treaty in its current form will not
help to reach these aims.

Rather, WIPO should focus is limited energy on adopting a *Development
Agenda* and a *Treaty on Access to Knowledge*. Also an examination of
the appropriate *limitations and exceptions to copyright*, as proposed
by Chile in 2005, should be under-taken to ensure WIPO=92s work is in line
with the global public interest.

Thank you, Mr. Chairman.

~

IP Justice's Top 10 Reasons to Reject the WIPO Broadcasting Treaty:
http://www.ipjustice.org/wipo/42GA_2006_Top_10_reasons_WIPO.pdf

IP Justice WIPO Broadcasting Treaty page:
http://www.ipjustice.org/wipo