[Ecommerce] WO/GA/32/5-WIPO Secretariat document on the Protection of Broadcasting Organizations

[Thiru Balasubramaniam]

http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=3D49632

This is a 41 page document consisting of a paper and four annexes which
describe what transpired at six regional consultations on
the protection of Broadcasting Organizations organized by WIPO between
May to July 2005 "[a]t the request of Member States". WO/GA/32/5 states tha=
t

" 7. Representatives from 75 Member States of WIPO participated in the
regional consultation meetings where they discussed substantive issues.
At these meetings conclusions were adopted expressing the opinion that
the convening of the Diplomatic Conference should proceed without any
further delay..."


The document states it was first made availabe on August 24, 2005.

WO/GA/32/5
ORIGINAL: English
DATE: August 24, 2005

These are the recommendations of the document. Paragraphs 13 and 14 are
italicized in the original document. Extracts from the annexes detailing
the events of some regional conferences are also provide below




-------------Recommendations---------------------

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"9. Given the progress which has been made to conclude a treaty on the
protection of broadcasting organizations, it is recommended that the
WIPO General Assembly approve the convening of a Diplomatic Conference.

10. It is further recommended that the WIPO General Assembly approve the
organizational and procedural matters of the WIPO Diplomatic Conference
on the Protection of Broadcasting Organizations, as described in Annexes
II to IV to this document.

11. It is proposed that the thirteenth session of the SCCR be convened
before the Diplomatic Conference to discuss remaining issues. This
special session will be held from November 21 to 22, 2005.

12. It is further proposed that the Chairman of the twelfth session of
the SCCR, Mr. Jukka Liedes, in cooperation with the International
Bureau, be requested to prepare the Basic Proposal for the Diplomatic
Conference.

13. The WIPO General Assembly is invited to take note of the contents
contained in Annex I.

14. The WIPO General Assembly is invited to approve:
(i) the convening of a Diplomatic Conference on the Protection of
Broadcasting Organizations, to take place in the second quarter of 2006,
in Geneva, provided that the International Bureau has not received an
advantageous offer by a Member State to host such a Conference;
(ii) the organizational and procedural matters of the Diplomatic
Conference, as laid down in Annexes II to IV;
(iii) the financing by WIPO of the cost of participation in the
Diplomatic Conference of delegates from 50 developing countries and
countries in transition Member States of WIPO;
(iv) that the Basic proposal for the Diplomatic Conference will be
prepared as proposed in paragraph 12, above, and made available to the
participants and observers of the Diplomatic Conference by January 31,
2006."


----------Annex II-----------


Regional Consultations on the Protection of Broadcasting Organizations
for the
Countries of Latin America and the Caribbean, Cartagena, Colombia, July
4 to 6, 2005


*****

Conclusions

The Regional Consultation Meeting for the Countries of Latin America and
the Caribbean on the Protection of Broadcasting Organizations, organized
by the Ministry of Interior and Justice of Colombia, through the
National Directorate of Copyright of Colombia and the World Intellectual
Property Organization (WIPO), took place in Cartagena, Colombia, from
July 4 to 6, 2005.

The following 15 countries participated in the meeting: Argentina,
Chile, Colombia, Costa Rica, Cuba, Ecuador, Honduras, Jamaica, Mexico,
Nicaragua, Panama, Paraguay, Peru, Trinidad and Tobago and Uruguay.
Brazil was represented as an observer.

<SNIP>


At the beginning of the discussions, Chile expressed its interest in
drawing up a study on the implications and economic effects, for
broadcasters and users, of the obligations contained in document
SCCR/12/2 Rev. 2.

<SNIP>


In respect of Internet broadcasting, a number of delegations agreed that
although this subject, in particular simultaneous broadcasting, is an
aspect of interest for the countries, the procedures for its inclusion
within the scope of the treaty should continue to be analyzed.
The relationship with other agreements, conventions and treaties, as
well as the requirements for being a party to the Treaty, were explained
by the Chairman of the Committee,
Mr. Jukka Liedes; the absence of comments by participants may be taken
as an unambiguous signal of the possibility that an agreement can be
reached in the future with respect to both subjects.

In addition, other issues were discussed, such as limitations and
exceptions and the obligations relating to information on rights=92
management.

The delegations recognized the importance of the limitations and
exceptions, and expressed their support for the formula contained in the
consolidated and revised text, in so far as it constitutes a guarantee
for countries to be able to decide freely which limitations correspond
to their interests of a cultural, scientific, educational and
information-related nature, according to the so-called three steps rule.
One delegation (the Delegation of Chile) emphasized the need to draw up
a minimum list of limitations and exceptions, according to the tradition
of the Rome Convention, in order to harmonize certain limitations.

The delegations expressed broad support for the obligations relating to
information on rights management.

As a result of the consultations, the participants concluded that a
decision on the holding of a Diplomatic Conference for the adoption of a
Treaty on the Protection of Broadcasting Organizations could be
considered by the WIPO General Assembly at the September 2005 session=94*


--------------------

Regional Consultations on the Protection of Broadcasting Organizations
for the
Asia Pacific Countries, Manila, Philippines, July 27 to 29, 2005


*****

Report of the Regional Consultations on the
Protection of Broadcasting Organizations
for the Asia Pacific Countries

The Regional Consultations on the Protection of Broadcasting
Organizations for the Asia Pacific Countries organized by the World
Intellectual Property Organization, in collaboration with the
Intellectual Property Office of the Philippines, was held in Makati
City, Philippines, on July 27-29, 2005.

Fourteen countries were represented, namely: Bangladesh, China, India,
Indonesia, Islamic Republic of Iran, Malaysia, Mongolia, Nepal,
Philippines, Republic of Korea, Singapore, Sri Lanka, Thailand and Viet Nam=
.


<SNIP>



1. Webcasting and simulcasting

The proposed Alternative Solutions in the Working Document were
extensively discussed. Many delegates, however, expressed the need to
conduct further analysis and to consult with their respective
stakeholders before making any definite position on the proposed solutions.

2. Scope of Application

It was largely recognized that the main objective of the Treaty should
be the protection of the broadcast signals, not the underlying content.


<SNIP>


----------------------

India=92s observations on the Report of the Regional Consultations
on the Protection of Broadcasting Organisations for the Asia Pacific
Countries held in Manila, Philippines, from July 27 to 29, 2005

A. In the paragraph starting =93The delegations agreed that the rights of
=85performers and phonogram producers.

In addition to what is stated in the main text, the following needs to
be emphasized

=93India feels that though the rights of the Broadcasting Organisations
need to be reviewed in the face of the challenges posed by the new and
emerging technologies, in the present context the provisions of the Rome
Convention and TRIPS Agreement are sufficient.=94

B. In the paragraph

1. Webcasting and simulcasting

In addition to what is recorded in the main text, the following needs
emphasis

=93Having participated in the extensive discussions on the alternative
solutions in the working documents, India is of the firm view that all
direct and indirect references to webcasting must be kept out of the
purview of the consolidated text.=94

C. In the paragraph

3. Nature of Rights

In addition to what is recorded in the main text, the following needs
emphasis

=93India participated in the extensive discussions on the nature of
protection sought to be given to the Broadcasting Organisations. India
is of the view that the approach followed in the TRIPS Agreement on
Right to prohibit must be followed.=94

D. In the paragraph

5. Pre-broadcast signals

In addition to what is stated in the main text, the following needs to
be added:

=93Some countries expressed the view that the scope of such rights needs
to be examined in detail.=94


E. On the paragraph

=93In view of the wide convergence=85suggested to resolve any remaining
issues,=94

The following is the view of India

=93The issue of holding of the diplomatic conference was not discussed
formally during the deliberations. India is of the view that it would be
premature to discuss or recommend the holding of the diplomatic
conference when so many issues still remain to be resolved.=94

F. On the paragraph

=93The delegates expressed their gratitude=85=94

The following is the view of India

=93While appreciative of the talent and experience of the Mr. Jukka
Liedes, the question regarding his continued chairing of the SCCR was
neither discussed during the meeting nor is it a part of the mandate of
the consultations.=94