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KEI Notes on TTIP 5th Round: How to engage in a dialogue without access to the text?

Wednesday, at the George Mason University Law Campus in Arlington, VA, the Office of the US Trade Representative hosted an all day Stakeholder Forum in conjunction with the fifth negotiating round of the Transatlantic Trade and Investment Partnership. The first part of the day was devoted to Stakeholder Policy Presentations, with several hours of presentations by a variety of industry, academics, trade associations, and public interest groups. The latter part of the day consisted of a briefing by the US Chief Negotiator Dan Mullaney and the EU Chief Negotiator Ignacio Garcia-Bercero.

67th WHA Side Event on Innovation and Access for Middle-Income Countries, Wednesday 21 May 2014

This Wednesday 21 May 2014, Knowledge Ecology International (KEI), Civil Society Coalition, Medecins Sans Frontieres (MSF), Oxfam, Health Action International (HAI) and Treatment Action Group (TAG) will host a side event at the WHA on, "Innovation and Access to Medicines and Vaccines: Emerging Challenges and Opportunities for Middle-Income Countries."

Call for Action on Cancer Drugs by YP-CDN, KEI, and UAEM at 67th World Health Assembly

At the opening of the 67th World Health Assembly, today the Young Professionals Chronic Disease Network (YP-CDN), Knowledge Ecology International (KEI), and Universities Allied for Essential Medicines (UAEM) released a briefing, "Cancer medicines are essential in reducing the global burden of non-communicable diseases."

WIPO fails to reach agreement to convene a Diplomatic Conference for adoption of the Design Law Treaty

On Thursday, 8 May 2014, the General Assembly of the World Intellectual Property Organization (WIPO) appointed Francis Gurry as Director General for a second term. This second term would run from 1 October 2014 to 30 September 2020.

The General Assembly also addressed the following topic: "Consideration of the Convening of a Diplomatic Conference for the Adoption of a Design Law Treaty." At the close of business on Friday, 9 May 2014, the General Assembly could not reach consensus on convening a Diplomatic Conference on concluding the Design Law Treaty.

SCCR27: Chair's Conclusions

At 12:56 AM on 3 May 2014, WIPO's Copyright Committee, (SCCR27) could not reach agreement on the future work on "Limitations and exceptions: libraries and archives." The main point of contention was "text-based work" which the European Union sought to excise from the text. Consequently, the Committee was at an impasse in developing an appropriate international legal instrument (in whatever form) on copyright exceptions and limitations for libraries and archives (whether model law, joint recommendation, treaty and/or other forms).

Is Resale Right on the Work Program for SCCR? Maybe.

May 2, 2014, during "other matters" to be discussed at the WIPO SCCR, some observers and delegates were a little surprised by the number of delegations who spoke in favor of adding "resale Rights" to the agenda of next SCCR sessions. However, some of the observers and delegates were not at all surprised having observed this week the diligent work of a CISAC representative with various key delegates.

SCCR 27 Difficult Discussion re Orphan Works & Author Right to Withdraw Work from Circulation

ORPHAN WORKS, RETRACTED AND WITHDRAWN WORKS, AND WORKS OUT OF COMMERCE
May 1, 2014 SCCR TOPIC 7

The discussion regarding orphan works included the rather difficult and political topic of moral rights and the right to withdraw a work from circulation. Can a library reproduce and make available a work that the author wants withdrawn from the public?

For example the Africa group had proposed:

Right to Access Retracted and Withdrawn Works

Governments Interventions on Limitation of Liability for Libraries (some may surprise you)

SCCR 27 May 1, 2014 Limitation of liability for libraries and archives
Michelle Woods for the WIPO SECRETARIAT provided the SCCR with this very useful summary of the various proposals on the table:

This topic is on limitations of liability of libraries and archives. There is also actually a proposal to make that limitations on liability "for" instead of "of" libraries and archives, reflected in the text.

KEI intervention on Library Access to Orphan works, at SCCR 27

KEI and other NGOs attending SCCR 27 have been able to make interventions on various articles in the proposed library treaty. On the issue of library access to orphaned works, KEI's intervention covered the following points, and made a proposal for text.

1. There is ample evidence that national approaches to providing access to orphan works is quite diverse.
2. The diversity of approaches have been used by some to express pessimism that this issue can be addressed in a treaty.

Cross-Border Evidence at SCCR 27 May 1, 2014

If the Broadcasters'treaty often appeared to be a treaty in search of a problem in the last few days (or years?), the Libraries and Archives' problem is about a treaty in search of a solution... or maybe solutions. And if the problems (and thus solutions) were not specifically cross borders...well, the librarians and archivists of the world would not be here "en masse" testifying at the Standing Committee on Copyright and Related Rights, a Committee extremely proud to have created the WCT and the WPPT to solve the cross border issues of copyright owners.

The Need for an International Agreement on Orphan Works? A Large Coalition of Librarians & Archivists Make the Case at SCCR27

Orphan works are obviously the bread and butter of libraries and even more so for Archives, the very institutions that deal daily and all over the world with unpublished, anonymous but still culturally extremely valuable works. One would think that since there is little economic value for these types of works as well as an obvious international need to preserve and access these types of works, the discussions could go smoothly and result quickly in a new WIPO agreement. However, progress are slow, too slow for the good of copyright!

The six countries listed in the Special 301 list, every year, had much higher growth of incomes than USA

According to USTR's 2014 report, six countries have been listed on the Special 301 list "every year since the report's inception." The six countries that have appeared on the Special 301 list every year were Chile, China, India, Indonesia, Thailand and Turkey.

SCCR27: African Group position on Limitations and Exceptions for Libraries and Archives

On Wednesday, 30 April 2014, Kenya delivered the following statement on "Limitations & Exemptions for Libraries and Archives" on behalf of the African Group. In contrast to the European Union, the African Group underscored the point that copyright limitations and exceptions

SCCR 27 Topic 2: Libraries & Archives

After 3pm the SCCR 27 (April 30, 2014) turned to Topic 2: Libraries and archives

In brief, countries supporting progress on a binding instrument on limitations and exceptions for libraries and archives include the Africa Group, Iran, Mexico, India, Bangladesh, Brazil, Ecuador, Morocco, Russia, Tunisia, Chile, Congo...

Representative quote of a proponent:

SCCR 27 WIPO *New* Broadcasters' Treaty: Impact on Rights Owners

As promised in my previous blog, here in their own words, Tuesday April 29, 2014 afternoon session of SCCR 27, the view point of copyright owners on the proposed treaty for broadcasting organizations. The fact that it is quite repetitive is probably one of the points they were trying to make and it was in fact quite effective in "changing" the general mood of the meeting.

The two following quotes summarize the arguments:

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