The following proposal for a road map for the SCCR’s consideration of limitations and exceptions was submitted by the African Group on Tuesday, 9 November 2010.
Proposal for the consideration of the African Group on a Decision on SCCR
(Limitations and exceptions)
Bearing in mind
- the Development Agenda recommendations;
- the agreement reached during the 19th session of the SCCR on December 2010 “ all the 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” ;
1. The Committee agrees to work towards an appropriate international legal instrument or instruments, taking into account the four proposals currently tabled or any additional submissions.
2. The Committee also agrees that its mandate on Exceptions and limitations following a global, inclusive and holistic approach will be for the next budgetary biennium (2011/2012) as follows:
(a) The Committee will continue its work and undertake text-based negotiations with the objective of reaching agreement on an international legal instrument (or instruments) which will ensure appropriate exceptions and limitations for persons with disabilities, including print disabilities, educational and research institutions, and libraries and archives.
(b) The Committee will follow, as set out in this Annex, a clearly defined work program for the 2011/2012 biennium. This work program will be made of the ordinary sessions of the Committee and inter-sessional working groups.
(c) The focus of the Committee’s work in the 2011/2012 biennium will build on the existing work carried out by the Committee and use all WIPO working documents on Exceptions and limitations, which are to constitute the basis of the Committee’s work on text-based negotiations. These documents are: Proposal by Brazil, Chile, Nicaragua and Uruguay for work related to Limitations and Exceptions (SCCR 16/2), the proposal by Brazil, Ecuador and Paraguay, relating to Limitations and Exceptions: Treaty Proposed by the World Blind Union (WBU) (document SCCR/18/5), the Draft Consensus Instrument, submitted by the United States (document SCCR/20/10); the Draft WIPO Treaty on Exceptions and Limitations for the Disabled, Educational and Research Institutions, Libraries and Archive Centers, submitted by the African Group (document SCCR/20/11); the Draft Joint Recommendation Concerning the Improved Access to Works Protected by Copyright for Persons with a Print Disability, submitted by the European Union (document SCCR/20/12).
All these substantive proposals were presented and Member States commented on.
(d) The Committee is requested to submit by 2012 to the General Assembly the draft of an international legal instrument (or instruments) which will ensure appropriate limitations and exceptions for persons with disabilities, including print disabilities, educational and research institutions, and libraries and archives. The General Assembly by 2012, will determine a date for a Diplomatic Conference.
(e) The International Bureau is requested to continue to assist the Committee by providing Member States with necessary expertise and funding of the participation of experts from developing countries and LDCs according to the usual formula.
Annex:
Date and activities
March 2011: First Intersessional Working Group on exceptions and limitations for persons with disabilities, including print disabilities
Texts (………….)
May/June 2011: SCCR 22
Texts (………….)
September 2011: WIPO General Assembly
Texts (………….)
October 2011: Second Intersessional Working Group on exceptions and limitations for educational and research institutions
Texts (………….)
December 2011: SCCR 23
Texts (………….)
February/March 2012: Third Intersessional Working Group on exceptions and limitations for libraries and archives
Texts (………….)
May/June 2012: SCCR 24
Texts (………….)
Early September 2012: SCCR 25
Texts (………….)
September 2012: WIPO General Assembly