[A2k] Official Conclusions from WIPO SCCR 19

Mon Dec 21 09:42:01 2009

Official Conclusions from WIPO SCCR 19
By thiru
Created 20 Dec 2009 - 12:59pm

These are the Conclusions of the Nineteenth Session of the WIPO
Standing Committee on Copyright and Related Rights (SCCR) held in
Geneva, Switzerland from December 14 to 18, 2009. The official WIPO
link to these Conclusions [1]is: http://www.wipo.int/meetings/en/doc_detail=
s.jsp?doc_id=3D130644

World Intellectual Property Organization
Standing Committee on Copyright and Related Rights (SCCR)
Nineteenth Session
Geneva, December 14 to 18, 2009

CONCLUSIONS

LIMITATIONS AND EXCEPTIONS

New studies: The Committee expressed its appreciation for the studies
prepared by outstanding experts, and thanked them for their
presentations in the Information Meeting on Limitations and Exceptions
for Educational Activities, organized on the first day of the meetings.

- The study by Professor Joseph Fometeu, Universit=E9 de Ngaound=E9r=E9,
Ngaound=E9r=E9, Cameroun, covering the African countries;

- The study by Professor Juan Carlos Monroy, Universidad Externado de
Colombia, Bogota, covering the Latin American and the Caribbean
countries;

- The study by Professor Victor Nabhan, University of Ottawa, Ottawa,
covering the Arab countries;

- The study by Professor Daniel Seng, National University of
Singapore, Singapore, covering the Asian and the Pacific countries (in
his absence, a summary of the study was made available on the webpage
of the Information Meeting); and

- The study by Professor Raquel Xalabarder, Open University of
Catalonia, Barcelona, Spain, covering North America, Europe, Caucasus,
Central Asia and Israel.

In order to update and complement the studies, Member States and the
European Union are invited to submit to the Secretariat any
supplementary information regarding their national laws by January 8,
2010. The Secretariat will consult with the experts on the necessary
updates of their studies.

Analytical document: The Committee expressed its appreciation to the
Secretariat for the preparation of the Analytical Document on
Limitations and Exceptions. The Committee requested the Secretariat to
update the document, taking into account the information and analyses
contained in the new studies.

Questionnaire: The Committee examined the Second Draft Questionnaire
on Limitations and Exceptions, and invited delegations to send
comments on it to the Secretariat by January 8, 2010. On the basis of
the comments and the discussions of the Committee, the Secretariat
will finalize the questionnaire without any substantial changes in the
content of the questions, and while retaining the seven chapters, and
submit it to the Member States and the European Union by February 10,
2010 for replies. The Member States are invited to submit their
replies by May 10, 2010, and the Secretariat shall prepare a
consolidated paper for the Twentieth Session of the SCCR.

The Committee reaffirmed its commitment to continue without delay its
work in a global and inclusive approach, including the multifaceted
issues affecting access of persons with print disabilities to
protected works.

Access to protected materials by persons with print disabilities: The
Committee welcomed the Second Interim Report of the Stakeholders=92
Platform, and encouraged the Secretariat to continue the work of the
platform and report on its activities during the twentieth session of
the SCCR.

The Committee examined the Proposal by Brazil, Ecuador and Paraguay
Relating to a WIPO Treaty for Improved Access for Blind, Visually
Impaired and other Reading Disabled Persons, which includes the text
prepared by the World Blind Union (WBU). Many delegations expressed
their support for working towards the establishment of an appropriate
international instrument. Other delegations, while not opposing the
proposal, expressed their preference for a global approach. Some
delegations made comments, suggestions and asked questions about the
substantive content of the proposed text, and the proponent countries
provided responses. The consideration of the proposal, together with
other possible proposals and contributions by the Members of the
Committee, will continue at the next session of the SCCR.

The Committee accepted the initiation of focused open ended
consultations in Geneva aimed at producing an international consensus
regarding copyright limitations and exceptions for persons with print
disabilities.

A number of delegations offered information on examples of practices,
activities and solutions at national level in the Member States for
the benefit of persons with print disabilities. The Committee
requested the Secretariat to prepare an information document on
examples of such practices and other measures at national level.

All aspects concerning limitations and exceptions will be maintained
on the Agenda of the twentieth session of the SCCR with the aim of
establishing a work program concerning those limitations and
exceptions, following a global and inclusive approach, and taking into
account their equal importance and different level of maturity, while
recognizing the need for concurrently addressing all the issues with a
view to achieving progress on all of them.

PROTECTION OF AUDIOVISUAL PERFORMANCES

The Committee expressed its appreciation for the national and regional
seminars organized by the Secretariat and encouraged the Secretariat
to continue that activity.

The Committee expressed its appreciation to the Secretariat for the
preparation of the Background Document on the Main Questions and
Positions Concerning the International Protection of Audiovisual
Performances.

The Committee reaffirmed its commitment to continue the work towards
developing the international protection of performances in audiovisual
media, and decided on the following work program to this effect.

The Secretariat is requested to organize in Geneva open-ended
consultations needed to resolve remaining issues.

The Committee will, at its twentieth session, consider the next steps
and evaluate if there is consensus on a possible recommendation to the
General Assembly of WIPO to convene a diplomatic conference with a
view of concluding a WIPO treaty for the protection of audiovisual
performances. The Committee noted that the Diplomatic Conference of
2000 adopted a recommendation according to which there was a
provisional agreement on nineteen articles. The Committee considered
that those articles provided a good basis for negotiations on the
treaty. A number of Delegations took the view that the nineteen
articles should not be reopened. Other Delegations stressed that the
treaty should reflect the changes that have occurred during the last
ten years.

The protection of audiovisual performances will be maintained on the
Agenda of the twentieth session of the SCCR.

PROTECTION OF BROADCASTING ORGANIZATIONS

The Committee noted the publication of the first part of the Study on
the Socio Economic Dimension of the Unauthorized Use of Signals,
addressing current market and technology trends in the broadcasting
sector. The Committee noted with approval the forthcoming second part
of the study to be presented to the Committee at its twentieth session.

The Committee reaffirmed its willingness to continue its work on the
protection of broadcasting organizations according to the mandate of
the 2007 General Assembly.

The Secretariat will organize regional seminars upon requests from
Member States to ascertain views on the objectives, specific scope and
object of protection of a possible draft treaty following a signal-
based approach. A report of the seminars will be presented to the
Committee at its twentieth session.

The protection of broadcasting organizations will be maintained on the
Agenda of the twentieth session of the SCCR.

NEXT SESSION OF THE SCCR

The twentieth session of the SCCR will take place from June 21 to 25,
2010.

[End of conclusions]

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Source URL: http://keionline.org/node/736

Links:
[1] http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=3D130644
[2] http://keionline.org/sites/default/files/CONCLUSIONS SCCR 19[1].pdf

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Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)
thiru@keionline.org

Tel: +41 22 791 6727
Mobile: +41 76 508 0997