[A2k] at the SCCR, It's over for now, the actual text of the decision won't be available right away

James Love james.love@keionline.org
Wed Mar 12 13:39:06 2008


We'll post the actual text when it is available, and one has to be
careful until we see what Jukka and WIPO actually put out, but
basically, the L&E item moves forward, to fight another day over the
some of the core issues.

In one of several dramatic moments, the U.S. delegation actually took
the floor to object to language that said that the SCCR as a whole
"underlined the need for speedy action to improve access of visually
impaired persons to protected works."  They insisted that the report
only say that [some/several] delegations supported this.  The effect of
the US delegation intervention was the deny an implied endorsement of
the committee to take action to help the blind.  It was a moment of
unexpected drama and several NGOs expressed shock.

Likewise, some observers and delegates said the US delegation seemed
amused and was unable to respond effectively when Chile asked the US why
it would oppose element 2 of it's proposal:

"2. Analysis of the exceptions and limitations needed to promote
creation and innovation and the dissemination of developments stemming
therefrom."

And, as noted earlier, both the US and the EU seemed to strongly oppose
any norm setting on L&E.[fn1]

Postscript:
After the meeting was over, the US delegation explained to KEI that it
was focusing on the process, and the US comments did not in fact reflect
a position one way or the other with respect to measures to improve
access for the blind. Then, in an informal talk with Chris Friend, from
the World Blind Union, and KEI, there was a discussion about what
happened, and also questions about whether or not the US would oppose
norm setting[fn1] with regard to exceptions for the Blind, at WIPO.  The
US said that did not have a position on this, and had not decided if it
would support or oppose norm setting for the blind, at WIPO.  So, in the
informal talks after the close of the meeting, the US seemed to be
saying that [contrary to /or/ consistent with] what it said in the
meeting, it was in fact open to norm setting at WIPO on the L&E issue.


[/fn1]
The US did early oppose this element of the Chile proposal:

"3. Establishment of agreement on exceptions and limitations for
purposes of public interest that must be envisaged as a minimum in all
national legislations for the benefit of the community; especially to
give access to the most vulnerable or socially prioritized sectors."




--
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James Love, Knowledge Ecology International (KEI)
http://www.keionline.org, mailto:james.love@keionline.org
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