[Ecommerce] Notes from the WIPO General Assembly (September 28, 2005)

[Thiru Balasubramaniam]

**WIPO General Assembly: Day 3**
September 28, 2005 (Wednesday)

Notes by:
Thiru Balasubramaniam, thiru at cptech.org, Consumer Project on Technology
Ren Bucholz, ren at eff.org, Electronic Frontier Foundation
Teresa Hackett, teresa.hackett at eifl.net, Electronic Information for
Libraries

[NOTE: This is not an official transcript. Any errors and ommissions are
regretted.]

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Chair (Ambassador Enrique A. Manalo. Permanent Representative of the
Philippines): Opens proceedings, asks if we can agree to here a speaker
from last night who couldn't make it. No objections.

OEB (European Patent Office): [OEB is an IGO that works with the patent
offices of European countries.] Provides general background on OEB and
its activities/relationships with state patent offices.

Biodiversity and traditional knowledge - Globalization has exposed a
differential between the needs of developed/developing nations. As a
result, progress depends on each party being sensitive to the demands of
the other. OEB is deeply involved in this, and we're happy to answer
questions on this.

We welcome the efforts made by WIPO in conducting this debate in a fair
manner. We will renew our support to WIPO in this forum.

The EPO is at the service of the WIPO and are willing to share our
technical knowledge with the International Bureua

We want to create a big database of traditional knowledge, particularly
using the "Epoch" tool, which will help protect traditional knowledge
from infringements.

We are very sensitive to questions linked to economic growth and
development. We take a balanced approach. We always try to respond to
the development needs, and we're always happy to share our technical
knowledge.

The EPO supports the patent harmonization process in a speedy manner.

Chair: Wishes to introduce Agenda item 10: Protection of the Rights of
Broadcasting Organizations. Mrs. Hayes will introduce the item.

Secretariat: Deputy Director-General (Rita Hayes)- Would like to discuss
the Broadcasting Treaty with a mind to move the proceeding forward to a
diplomatic conference in 2006.

At the last GA, members decided to request the SCCR to accelerate its
work on the protection of broadcasting organizations. Members also
requested the International Bureau to present a second revised
consolidated text of the treaty.

At the request of members states, WIPO held 7 regional consultations. 16
proposals were put forward, and there were extra meetings held for
countries not in those 7 regions. Also a proposal for another meeting -
in Novemeber - to discuss remaining issues. With this in mind

It is also proposed that this SCCR that the Chair of this meeting draft
another version of this consolidated text before the diplomatic conference.

Chair: Let's avoid discussion of technical matters, let us limit our
discussions what has been proposed to the General Assembly.

<i>[Note: we recorded opposition to and enthusiasm for the diplomatic
conference with [A] and [F], respectively]</i>

Ecuador: [F] We took the position at our regional meeting in Cartagena
that a diplomatic conference is desirable. We reiterate this, and urge
the formation of a diplomatic conference as soon as possible.

For convening of Dip Conf.

Iran (Asian Group): [A] The Broadcasting Treaty is one of the most
complicated issues before WIPO. With the cross cutting nature of these
proposals - effects on right holders, for example - we would highlight
its importance as well. In spite of the insufficient time given to
consider the draft consol

In contradiction with the decision of the SCCR, regional consultations
were held. And regardless of the legal implications, many aspects of the
current draft were infact decided without consultation. According to the
norms governing the laws of treaties, there is need of sufficient time
to consider the consolidated text.

Need at least two further SCCR sessions in 2006. The committee can then
present its findings to GA.

The Asian Group is of the view that webcasting is a new and changing
environment, and it is our view that webcasting should not appear in any
version of this text.

There is a clear distinction between the process of negotiations on the
SCCR and Diplomatic Conference and the substance of a proposed treaty.
Member States decide the framework of Diplomatic Conferences.

The holding of any Diplomatic Conference is premature.

Czech Republic (Speaking on behalf of Central European States): [F]
Supports diplomatic conference.

Switzerland (Group B): [F] We expect that the WIPO GA will be ready to
convene a Dip Con on a treaty on the protection of broadcasting
organizations in Geneva in 2006.

Morocco: [F] We're pleased by the progress shown in this document for
the protection of broadcasters' rights. We pushed for regional
consultations. We were honored to hold the first consultation with Arab
states.

The discussions took on behalf of the 2nd revised consolidated text. We
have found that the IB will present the result of these regional
consultations to the General Assemblies. Copyright law and existing
rights don't provide adequate protection for broadcasters to protect
them against signal piracy. The participants were satisfied with the
flexibilites provided for in these proposals.

Moldova: We give the floor to Russian Federation which co-organized the
regional consultations in June.

Russian Federation: [F] Regional Consultations were held with 9
countries in our region.  The participants in the consultations that
broadcasting has developed very quickly. The structures differ.

We should continue the work that has been happening since 1998. The
protection of the rights of broadcasters must be balanced with respect
for the holders of other rights. We came to the conclusion that a
diplomatic conference should indeed be held in 2006. We also support the
convening of a SCCR prior to the Diplomatic Conference.

Thailand (on behalf of ASEAN): We would like to thank the Philippines
for hosting the regional consultation in July 2005. However, more needs
to be done in the SCCR. We look forward to a postive outcome on this
issue in the GA.

UK : [F] On behalf of the EU and the accession states of Bulgaria and
Romania]. The EU welcomes the effort that has been invested so far, and
we're ready to move forward on this issue. It is timely to move to
convening a diplomatic conference to be held 2006. And we believe that
any remaining issue can be worked out in the remaining SCCR meetinga and
in the diplomatic conference intself.

El Salvador: [F] It is obvious we need to update the rights of
broadcasting organizations.

We therefore support the convening of a diplomatic conference in Geneva.
In conclusion, we are very pleased with the recommendation for the
support of 50 delegatiosn to attend the Diplomatic Conference.

Antigua and Barbuda (on behalf of the Caribbean countries): [F] Approve
of the push for a diplomatic conference in Geneva during the second
quarter of 2006. We support the holding of an SCCR in November 2005.

And since the World Cup of Cricket will be held here in 2007, we see the
urgent need to address simulcasting and other broadcasting rights.

Trinidad & Tobago: [F] We also believe that all the general approaches
for the protection of broadcasters have been discussed. It seems to us
that the next step should be the convening of a diplomatic conference in
2006.

Kenya: [F] Reads statement of 14 African countries from their regional
consultation. The current international legal framework of WCT and WPPT
is inadequate. We note that the convening of a diplomatic conference
should take place no later than 2006.

1) Recognizes the importance of development in broadcasters rights
2) Recognizes the urgent need to update broadcasters' rights through new
international instrument
3) we therefore call on GA to schedule the convening of a diplomatic
conference

Welcomed the webcasting proposal, and calls for more time to consider
webcasting

[TB:  The US was present in the African regional consultations]


Romania: [F] 13 countries represented at our regional consulation. The
consult was preceded by a meeting of regional broadcasters, NGOs, and
states. Negotiations have been going on for a long time, progress has
been made, and the current state of the documents allows for the
remaining issues to be dealt with swiftly. We believe that WIPO should
approve the convening of a diplomatic conference. Also observe that
there should be a final, post-diplomatic conference SCCR meeting. We
fully support the continuation of Mr. Liedes as chair.

Benin (LDCs): We find no problem with convening of diplomatic conference
next year, but we require some support given our situation.

Mexico: [F] We support convening of DC as soon as possible.

Nicaragua: [F] We support convening of DC as soon as possible in 2nd
quarter of 2006 given the substantial progress that has been made.

Colombia: [F] We believe that the substantial work on this topic has now
matured, and we support holding a diplomatic conference in 2006.

Jamaica: [F] Agrees with statements of Trinidad & Tobago and Antigua &
Barbuda.

Norway: [F] We met recently in an extra-regional meeting to discuss the
treaty [which seems to include many of the wealthier countries like UK,
USA, Canada, Australia, etc.].  That group supports convening of a
diplomatic conference.

New Zealand: [F] Aligns itself with Group B statement.

Japan: [F] Strongly supports convening a diplomatic conference in 2006.

St. Vincent and the Grenadines: [F] Aligns with precious statements from
Caribbean nations.

Kazakhstan: [Not present]

Egypt: [A] Despite the fact that we are in favor of a convention of
we feel that the negotiating process in its present form would suggest
that there is much more to be discussed.

Currently, we are in a position that would prevent us from taking a
positive decision on convening a DC.

South Africa: Would like to hand time to Brazil.

Brazil (Friends of Development sans Kenya/Ecuqdor): [A] WIPO is a member
state driven organizations.

For reasons of both procedure and substance, would like to take issue
with the draft treaty.  In particular, we previously agreed to
accelerate the work of the SCCR.  The expectation was that the SCCR
would give members an opportunity to discuss all of the complexities of
these proposals.

However, only one member of the SCCR was organized after the last GA.
The SCCR did not allow enought time to consider consolidated text.  An
intersessional-interregional meeting was

Instead, regional meetings were held.  We note that some of the
countries in a region did not participate in their regional meetings.
This is because many countries did not have the maturity to deal with
this topic even at a regional level.

Discussions in SCCR have not matured to a state where convening a DC is
possible. If anything, the SCCR process has exposed serious concerns on
the length of term, nature of rights, TPMs, DRM, webcasting, interaction
between this and other treaties.  Webcasting should NOT be included as
an item for negotiations.  We also urge more time for exceptions &
limitations.

We are of the view that 2 meetings of the SCCR should be convened next
year before even considering the possiblity of a DC.  We also note that
a diplomatic conference can only be convened by SCCR, and is not
properly under the jurisdication of the Chair of the DA.

South Africa: [A] Associate itself with statement of Brazil.  The
importance of purported is in dispute.  It is inevitable that a DC
should take place in the future.  We may be too optimistic in trying to
convene a DC in the 2nd quarter of DC. We would like to express
dissatisfaction with the manner in which regional consultations were
organized.

In particular, invitations were extended to people in their personal
capacities, not through diplomatic channels.  Also, in Africa, only 14
of 53 countries attended.

There is no consensus on duration, TPMs, content of protection,
webcasting, and others.  Also, traditional knowledge, folkloric and
existing rights holder issues are still undecided.  Would like to
reiterate the need for evidence-based impact assessments should be
conducted before new treaties are proposed.

We do not support a diplomatic conference convened in the 2nd quarter of
2006.

Chile: [A] We believe the results of regional consultations are no
substitute by the decisions of the SCCR.  The time is not right for
convening of a diplomatic conference.

Cameroon: [F] We associate ourselves with the statement of Kenya, since
we participated in that regional consultation.  We regretted the low
participation of Member States in this regional consultation.

Nonetheless, there was consensus among participating countries that an
instrument was needed to regulate this domain.

India: [A] India has been consistently of the view that the broadcast
treaty does not take into consideration of of content owners.  Goes far
beyond TRIPs.  It would harm access to knowledge.  We noted that TRIPS
based approach to protecting the rights of broadcasting organizations.
We believe that this treaty would add an additional layer rights.

Could result in curbing the rights of content creators and harm access
to knowledge.   We consistently oppose any exclusive rights on the
content they broadcast as they would impede access to the public
domain.  We also oppose, still, any attempt to add webcasting to the
treaty - even as an optional provision.

India has raised this matter at UNESCO.  We feel this issue goes beyond
the realm of IP.  UNESCO has been requated to pro-actively consider this
issue.

India's broadcasting industry has come of age, and it is concerned with
signal piracy.  However, they do not advocate a new layer of monopoly
rights as a method for addressing this issue.

We would like to urge the GA not to rush into a DC.  Current approach
would give an inordinate amount of rights to broadcasting
organizations.  We support the position of Asian Group, 12 FOD, Chile
and South Africa.

United States: [F][unkown speaker] Urges prompt convening of a
diplomatic conference.

China: [A] We note the contribution of the SCCR on protection of
broadcasters, and we support the continuation of that process.  We
support the holding of a diplomatic conference, but only at the
appropriate time.

Ghana: [F]  Supports convening of DC.

Kazakhstan: [F] Mentions that visit of Dr. Idris lent energy to
developing their IP system.  Also, Kazakhstan is one of the leading
countries of the central Eurasian area - the rate of growth of GDP and
personal income was second only to China last year.

Russian Federation:  The impression here is that a number of countries
are against holding a diplomatic conference.  Although we share that
there are issues of principle that need to be addressed today - like the
balance of rights between broadcasters and existing rightsholders.  I
agree that this is an issue, and it has been an issue since 1990.  If we
don't address this, then broadcasters will take advantage and further
harm the rights of producers.  Therefore, we support convening a
diplomatic conference in order to move forward.

Venezuela: [A] I personally took part in the proceedings in Cartagena.
I saw that there was quite an imbalance in the agenda.  We had the
private sector from telecommunications sector.

There was no NGO invited along that was in fact against such a treaty.
Furthermore, after seeing that there were problems in the conduct of the
meeting, I left the meeting with the approval of my capital.

This may threaten an upcoming initiative called Telesur (Cuba, Uruguay,
and Argentina), and we therefore need further assessment of this
treaty.  We therefore oppose the convening of a diplomatic conference
for now.

Ukraine: [F] In our regional grouping, we felt that it was important to
protect broadcasting organizations.

Croatia: [F]

Morocco: [F] We propose that DC be held in LAST quarter of 2006.

Peru: [?] Our position to ask the chair to give us more time to
sufficiently study the proposal in greater detail.  Could you give us
further time to consider this decision?

Chair: Didn't hear any statement that opposed a diplomatic conference.
Also heard considerable support for holding a diplomatic conference
under the terms proposed.  Iran requests floor.

Iran:  Asian Group opposed the convening of a DC in 2006 and requested 2
more SCCRs.

India: As mentioned by coordinator, we were perturbed by your summary.

Chair: I meant to say - and what I did say - was that I didn't detect
any opposition to the concept of a diplomatic conference.  Instead, it's
an issue of timing.  In the view of the chair, I would hesitate to seek
a decision on item 14 as such.

I would hesitate to reach a decision on paragraph 14.  Therefore, I
think it's best to have informal consultations in the afternoon
(regional consultations plus additional delegations). I believe we
cannot reach a consensus on the current language.

Brazil: Chair's summary doesn't quite capture all of the concerns of
those who expressed a desire to wait.  In fact, the reticence to have a
diplomatic conference is an indicator of how much material we haven't
seen yet.  Therefore, there is no pre-approval of a diplomatic
conference either.

Chair:  Let us meet at 2:30 in Room B to have informal consultations to
discuss item 10 (Protection of the Rights of Broadcasting Organizations).

[Administrivia]

[Lunch]

5:10 P.M.

Chair: On Item 10, we have yet to reach consensus.  Therefore, I've
asked the UK and Argentina to act as my delegates in having more
consultations.  We will return to this later.

Now, we turn to Item 13, the Development Agenda

Mr. Saadallah: Presents procedural background of Item 13.

Chairs: Wants to draw attention to document WO/GA/32/2.  What we have to
do is figure out how to proceed sith this matter.  We've had many
substantive debates on this issue, and you're welcome to touch on those,
but we should focus on how best to move this forward.

Argentina: I am taking the floor on behalf of (FoD).  We pointed out
that WIPO, as a UN agency, is bound by the goals of the UN.

Pushing for more IP without respect to its policy effects simply
undermines IP.  On the other hand, carfting IP alongside considerations
for the public good will bolster respect for IP.

During the IIMs, we had substantial debate and many new proposals.  More
are waiting to present.  This is an undeniable indicator of the deep
interest in these issues.

Despite budding areas of consensus, several delegations kept us from
reaching substantive and even procedural agreement.

As more countries wait to participate, we observe that continuing the
IIM process is the only way to give equal footing to those ideas.  The
process that we started at the last GA shouldn't be unlimited, but
should be a continuous one.

The PCIPD context is inadequate for this proceeding.  We believe that
the a continuation of the IIM, with three meetings in 2006 and a view to
presenting our findings at the next GA.

Switzerland (Speaking on behalf of Group B): DA should be moved to the
PCIPD.

Czech: We also believe that DA discussion should happen, but we think it
should happen in PCIPD.  We also observe that the DA should not keep
WIPO from other matters.

Mexico (Speaking on behalf of GRULAC): We believe that WIPO should
extend the mandate surrounding the DA for a certain amount of time.

Iran (Speaking on behalf of Asian states):

UK (Speaking on behalf of Europe & others): Continues to support the DA,
but that this is best done in the PCIPD.  Others have different views,
but we all agree that progress is most important.

Brazil: Associates itself with Argentinian statement. IP is important to
developed and developing countries alike.  Many of the developed nations
strong IP systems were able to do this via flexible paths that they now
deny to developing countries.

Moreover, the broad support for this issue prove that this isn't a
north-south issue.

Reads first four (of ten) prongs of a document produced at seminar on IP
and development.

Like the overwhelming majority of WIPO members, we recommend that the
IIM process be continued.

US: Noted at the last GA that development is one of the most important
and daunting issues before WIPO.  We also observe that

While IIMs provided nice place to exchange views, they have not provided
a forum for indepth investigation.  In fact, no

We do not believe that the IIMs are the right place for this - they were
a compromise, time-limited proceeding that has reached the end of its
mandate.

The PCIPD, on the other hand, is permanent and has budget and staff.  It
also meets for a whole week.  We, as member states, can change the
mandate and even its name.  How about the Permanent Committee on
Development and IP?  That way it won't sound like it's only about
technical assistance.

We strongly believe that the PCIPD, not more IIMs, is the way to go.

As an existing entity, budgetary or technical issues can be addressed
quickly.  Plus, it's permanent.

China: We have only been operating an IP system for 20 years.  We feel
that, during this time, our creativity and innovation has increased.
Much of this was due to technology and expertise transfer.

The forum that we use to discuss DA must be suited to such a broad
issue, including one with the legal expertise to advise us.  We also
feel that, since norm-setting is so important, whatever forum we choose,
it should have binding power on other committees.  The previous IIMs
have attracted 85 members states, and ever more participation from
NGOs.  And it produced a 300 page report.  We think this illustrates its
suitableness as a venue.

Morocco (On behalf of African group): We believe that renewing the IIM
is vital to all African countries.

Chile: We support Mexico's statement on behalf of GRULAC.

Almost everyone agrees that the IIM should be renewed.  Also, there are
many proposals left to be discussed. With regard to proposals for the
public domain, future proposals should be given equal treatment. We
propose that the mandate should be extended to include such proposals.

Chair: About a dozen speakers but only a few minutes left, so we'll
suspend until tomorrow morning.  Malaysia will start tomorrow.
Announcements:

1) consultations on officers have now concluded, and decisions will be
read tomorrow morning
2) we'll probably have night meetings for the rest of the week
3) would again like to meet with regional leaders at 9 A.M.

Singapore: Thank you for decision for Singapore to host diplomatic
conference on trade marks.

[Administrivia]

/Meeting: 6:02 P.M.