[A2k] Rough transcription of debate on Broadcasting in WIPO GA

[Nick Ashton-Hart]

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[ Picked text/plain from multipart/alternative ]
Broadcasting:

Keppie introduced the background of the special sessions, following
last year=92s GA

=93During the second special session it became clear that no dipcon
could take place in 2007=94

In the informal discussion it became evident that during the session
it would not be possible to carry out the mandate of the GA

Several dels wanted to continue to talk, but many delegations wanted
time to reflect first.


Portugal:

EC thanks WIPO for S1 and S2. Thanks the chairman for the work on the
subject. Disappoiinted by the inconclusive results and the lack of
commitment for a dipcon at this stage. Believes the discussions were
useful. EC encourages this GA to mandate the SCCR to continue to
devote time and effort to this important topic.

Costa Rica:

Values the work of the Chair of the SCCR. In view of ICT and Internet
development, efforts must be stepped up to keep up with developments.
Suggests drafting of a new treaty based upon Rome. Necessary to keep
up interest in consensus as decided by 2007 GA (3 points). Believe
the Assembly should have a 3rd session of the SCCR on this and work
to get to a dipcon. Wants the SCCR to keep this item on its regular
agenda. Future disc should be based on SCCR/15/2.

Kenya:

Commends the SCCR and Chair, and Wipo on the work done on last 9
years on the proposed treaty. Kenya=92s actively participated at all
levels in this work. Following S2, del wishes to reiterate position
from that session. Due to stalemate disc should continue until a
consensus exists on the contentious issues

Japan:

Appreciates efforts of members states since last GA. Have been
discussing this for 9 years. In spite of disappointing outcome of S2,
still a need for a treaty to complement Internet treaties. Due to
importance of subject, hopes member states and secretariats keep
working on this in SCCR. Supports continued work on a consensus so a
dipcon can be convened.

Algeria

African group thanks secretariat for efforts facilitating
negotiations on adoption of a treaty. Thanks the Chair of SCCR for
praiseworthy efforts to get a consensus. Question of bcasting is
important; we think the question should be kept on the SCCR agenda
including cablecasting. Additional efforts should be made to reach
agreement on 3 points before planning for a dipcon. Webcasting cannot
be given legal protection because dev countries are receiving all the
negative effects of the digital divide. Should be protection for
signals leading to balanced situation between rightsholders and
access for users. African Group considers the SCCR should also
include on its agenda other items =96 in particular connected with
implementation of the recommendations of the PCDA regarding use of
broadcasting for educational purposes.

Australia:

Supports keeping this on the agenda. Might be time to have the
experts called in to make presentations on latest developments on
technical means used by broadcasters. Conscious this is a rapidly
developing area of technology. Impact on broadcasting incl podcasts
is great. Note the Africa group=92s view that no webcasting be covered
(agrees I think), but notes that trad. Broadcasters using the
internet to transmit services. Secretariat might consider doing what
it did earlier this decade and have experts present on technological
developments.

Argentina:

Regrets no agreement reached on 3 points. Issue of particular
interest for our country. Hopes the regular SCCR sessions there will
be will shown to progress on the issue including cablecasting with
particular attention to dev countries.

Indonesia:

Appreciates the SCCR processes on this issue. Welcomes the
recommendation of the committee. Of the view that the committee needs
to get more clarification and agreement on main principles such as on
exclusive rights and by any means, difficulty understanding the
issues let alone agreeing. No dipcon in near future if fundamental
questions are not solved. Ready and willing to be involved in
substantive work on the issue.

Iran

Appreciates the SCCR work on the issue and the secretariat over the
last decade. Willing to continue negotiations on the issue in the
regular sessions of the SCCR. Scope of the proposed treaty should be
limited to traditional broadcasting in traditional ways. Subject
confined to signals and to protection against signal piracy. No
contradiction between program rights and the broadcaster. No new
secondary layer of copyright for broadcasting as it will restrict the
ability of countries to have access to information and scientific
development.

Poland:

Grp of Cent European States regrets S1 and S2 resulted that the time
is not right for a treaty on the subject. Discussions were fruitful,
delegations worked hard but no agreement could be reached. Sooner
rather than later, development of techonolgy will require adjusted
protectio of their rights. In the meantime discussions should
continue on this topic in regular sessions of the committee.

El Salvador:

Given results of S1 and S2 and no agreement on the basic proposal or
chair=92s paper, we want to focus on progress on reaching agt according
to 2006 GA statement on the subject. Hope the future meetings will
have this on the agenda of the regular sessions. Indeed also wants
other issues of concern to developing countries to be on the agenda.

China:

Prot of broadcating is linked to holders of rights, related rights,
and public. China believes that SCCR has done considerable work in
this regard and achieved some progress. Note that the current
progress of protection of these rights is inadequate and therefore
the item should be retained on the regular SCCR sessions=92 agenda.

Turkey

Believe that the last SCCR session contained lots of work and there
is still the possibity of consensus. Thanks the chari of the ssccr
for his work. Still space for agreement and consensus for a dipcon.
Support the recommendation the item be kept on the SCCR agenda.

South Africa

Supports African group statement. Underlines importance of access to
information and any treaty which compromises this is not favourable
to SA. Current proposals from SCCR continues to ignore fundamental
issues and limitation to signal protection plus access to knowledge
issues. S Africa will continue to discuss the issue. Urges WIPO to
move the discussions along congruent with dev agenda as 9 years have
been spent on this topic already.

Mexico

Important to update internatlional rules in balance with protection
based upon preventing signal piracy. Mexico supports very strongly
the retention of discussions on this issue.

Morocco:

Welcome the work of the secretariat and the chairman. We find some
progress was achieved. Several breakthroughs have taken place. Many
items remain pending. Effort necessary to reach consensus on a dipcon
to update rights of traditional broadcasters. Supports retaining
issue on SCCR agenda.

Chile

Took part with great interest in disc. Such an important issue, which
is why we=92ve all been so interested in it. Why so many other
stakeholders have come to present their concerns. Despite this, we
require further info on issues. Time and dedication of all
dedications, secretariats trying to bridge divergences. These came
out very clearly in the last SCCR. Having seen the progress over 10
years, bearing in mind we haven=92t reached agreement on the 3 points,
we need to recognise that perhaps we should have a pause to reflect
on where we want to go with the process. Such a pause would allow us
to focus on other issues such as L&E, access to information. That
would allow time for more experience at the national level on the
consequences of change and developments. Should remain on the agenda
as just one issue so we can give attention to other important issues.

Brazil:

Thanks everyone for the work on the subject. Noted after time spent
on this subject consensus very elusive. We consider the decision
recommended in S2 which was carefully drafted is very wise. 9 years
spent, very useful, many aspects adequately addressed, but issue is
extremely controversial. Conditions not ripe for any dipcon in the
near future. Interested in new issues like L&E esp science, health,
education, public domain, A2k, all of great interest. If seminars are
to be held. They shold be proceeded by imact studies, open
discussions, open-ended public consultations. Should strive to
include new stakeholders that operare in regards to broadcsting not
just traditional ones. Should look at evolving trends and markets and
public policy issues. Most of all the seminars should reflect in the
speakers and views reflected and those attending the issues and views
of developing countries.

Ukraine

Our view cable and broadcasting is one of the most important areas in
IP. Should be resolved in area of related rights. Protection should
be related to illegal use of signals. At S2, no adoption of a final
text. Agree with the recommendation fo the SCCR. Appeal to the member
states that they step up their work to reach a compromise on the
difficult issues.

India

Disappointed that basic issues have no agreement appreciate good
faith effort of chairman of achieving a balanced view taking into
account the polarised views. 668 millions lost by India in the
meantime due to piracy. Urges the GA to clearly reiterate earlier
mandate. Should be clarified that com networks are not to be directly
or indirectly be included in any such treaty. Need impact studies on
comp network issues, A2K, development perspectives as in PCDA should
be studied. In like with Brazil, Aust, and Chile, new set of docs may
be prepared keeping in mind the PCDA recommendations. No purpose to
going back to SCCR/15/2. Should keep the issue on the agenda of the
SCCR. Decision of this GA should reiterate further work confined to
trad broadcasting, studies taken and the proposals developed based
upon these impact studies.

Russia

No objection to the item being kept on the agenda as after agt
reached we could come back to the issue of convening a dipcon.

Pakistan

Thanks the SCCR chair for work. Sessions have helped clarify issues
but disc not in a mature stage. Time out is the best option at this
stage. However, issue may remain on SCCR agenda in future.

Uruguay:

Welcomes efforts to date. Joins previous speakers saying that agt
needs to be reached on specific scope before text prepared, which is
why we agree with Chile that time out is good and we should talk
about other things such as L&Es. Disc in coming sessions should be
broadened.

Nigeria:

Joins others in acknowledging progress made in last couple years.
Believe it is important but should be limited to traditional
broadcasting and the subject should be retained in the SCCR agenda.

Chair then closed the speakers list

Draw attention to decision in para 5 for adoption.

Adopted unanimously




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Regards,

Nick Ashton-Hart
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