[A2k] Broadcasting treaty being discussed at WIPO General Assembly now

[Thiru Balasubramaniam]

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[ Picked text/plain from multipart/alternative ]
http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=82772

The draft decision for consideration by the General Assembly  is
included in the report "WO/GA/34/8".

Here it is:


1.	The General assembly is invited to

(i)	Take note of the current status of the work in the SCCR on the
protection of broadcasting organizations and cablecasting
organizations;

(ii)	acknowledge that progress was made in the process towards better
understanding of the positions of the various stakeholders;

(iii)	recognize the good faith efforts of all participants and
stakeholder organizations throughout the process,

(iv)	express the wish that all the parties continue to strive to
achieve an agreement on the objectives, specific scope and object of
protection, as mandated by the General Assembly;

(v)	decide that the subject of broadcasting organizations and
cablecasting organizations be retained on the agenda of the SCCR for
its regular sessions and consider convening of a Diplomatic Conference
only after agreement on objectives, specific scope and object of
protection has been achieved.


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wipo general assembly
Thirty-Fourth (18th Ordinary) Session
Geneva, September 24 to October 3, 2007
Report on the Special Sessions
of the Standing Committee on Copyright and Related Rights
regarding the Proposed Diplomatic Conference
on the Protection of the Rights of Broadcasting Organizations
Prepared by the Secretariat
1.	It is recalled that the issue concerning updating of the rights of
broadcasting organizations in response to technological developments
and the growing use of information and communications networks has been
under discussion in the Standing Committee on Copyright and Related
Rights (SCCR) during its seventeen consecutive sessions, from
1998 to 2007.

2.	At its Thirty-Third Session, which took place from September 25 to
October 3, 2006, the WIPO General Assembly decided that:

	“(i)	The General Assembly approves the convening of the Diplomatic
Conference on the Protection of the Rights of Broadcasting
Organizations under the conditions set out in paragraph (iv) below from
November 19 to December 7, 2007, in Geneva.  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.

	“(ii)	The Revised Draft Basic Proposal (document SCCR/15/2) will
constitute the Basic Proposal with the understanding that all Member
States may make proposals at the Diplomatic Conference.

	“(iii)	The meeting of a preparatory committee will be convened for
June 2007 to prepare the necessary modalities of the Diplomatic
Conference.  The preparatory committee will consider the draft rules of
procedure to be presented for adoption to the Diplomatic Conference,
the lists of States, as well as intergovernmental and
non-governmental organizations to be invited to participate in the
conference, as well as other necessary organizational matters.

	“(iv)	Two special sessions of the Standing Committee on Copyright and
Related Rights to clarify the outstanding issues will be convened, the
first one in January 2007, and the second one in June 2007 in
conjunction with the meeting of the preparatory committee.  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 referred to in
paragraph (ii).  The Diplomatic Conference will be convened if such
agreement is achieved.  If no such agreement is achieved, all further
discussions will be based on document SCCR/15/2.

	“(v)	The WIPO Secretariat will organize, in cooperation with the
Member States concerned, and at the request of Member States,
consultations and information meetings on the matters of the Diplomatic
Conference.  The meetings will be hosted by the inviting Member
States.”

3.	At the end of its Second Special Session, which took place in Geneva
from June 18 to 22, 2007, the SCCR adopted the following Conclusions:

	“Following the decision of the WIPO General Assembly in its
Thirty-third Session in September/October 2006, the Standing Committee
on Copyright and Related Rights (SCCR) convened in the First and Second
Special Sessions, from January 17 to 19, and from June 18 to 22, 2007.

	“The decision of the General Assembly stated that ‘[t]wo special
sessions of the Standing Committee on Copyright and Related Rights to
clarify the outstanding issues will be convened, the first one in
January 2007, and the second one in June 2007 in conjunction with the
meeting of the preparatory committee.  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 [referred to in (ii)].  The Diplomatic
Conference will be convened if such agreement is achieved.  If no such
agreement is achieved, all further discussions will be based on
document SCCR/15/2.’

	“The discussions in the Second Special Session were based on the
Revised Draft Basic Proposal (SCCR/15/2 Rev) which is the official
comprehensive working document of the Committee, and a non-paper of
April 20, 2007 prepared by the Chair.

	“During the session the delegations made their general statements and
discussed thoroughly the procedure of deliberations.  The
intergovernmental and non-governmental organizations were given the
opportunity to make statements.

	“In the informal discussions it became evident that, during the
session, it would not be possible to reach an agreement on the
objectives, specific scope and object of protection with a view to
submitting to a diplomatic conference a revised basic proposal as
mandated by the General Assembly.

	“While several delegations urged that the efforts to conclude a treaty
on protection of broadcasting organizations be continued, it was felt
that there was a need to take time to reflect before proceeding further
to explore agreement as mandated by the General Assembly.

“The Committee made the following recommendation:

“The General Assembly

−	Takes note of the current status of the work in the SCCR on the
protection of broadcasting organizations and cablecasting
organizations.

−	Acknowledges that progress was made in the process towards better
understanding of the positions of the various stakeholders.

−	Recognizes the good faith efforts of all participants and stakeholder
organizations throughout the process.

−	Expresses the wish that all the parties continue to strive to achieve
an agreement on the objectives, specific scope and object of
protection, as mandated by the General Assembly.

“The General Assembly

−	Decides that the subject of broadcasting organizations and
cablecasting organizations be retained on the agenda of the SCCR for
its regular sessions and considers convening of a Diplomatic Conference
only after agreement on objectives, specific scope and object of
protection has been achieved.”


4.	Following the Second Special Session of the SCCR, no preparatory
meeting for a diplomatic conference took place, and the Secretariat has
abstained from taking any steps towards the organization of such
conference in 2007.

5.	The General assembly is invited to

(i)	Take note of the current status of the work in the SCCR on the
protection of broadcasting organizations and cablecasting
organizations;

(ii)	acknowledge that progress was made in the process towards better
understanding of the positions of the various stakeholders;

(iii)	recognize the good faith efforts of all participants and
stakeholder organizations throughout the process,

(iv)	express the wish that all the parties continue to strive to
achieve an agreement on the objectives, specific scope and object of
protection, as mandated by the General Assembly;

(v)	decide that the subject of broadcasting organizations and
cablecasting organizations be retained on the agenda of the SCCR for
its regular sessions and consider convening of a Diplomatic Conference
only after agreement on objectives, specific scope and object of
protection has been achieved.







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Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)
voice +41.22.791.6727
fax +41.22.723.2988
mobile +41 76 508 0997
thiru@keionline.org
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