WIPO General Assembly 2014: Asia Pacific Group charts its position on Broadcast Treaty, Design Law Treaty and copyright L&Es

On Monday, 22 September 2014, Bangladesh delivered the following statement on behalf of the Asia Pacific Group. Here below is the Group’s position on WIPO’s normative work including copyright limitations and exceptions for libraries and archives, copyright limitations and exceptions for educational and research institutions and persons with other disabilities, the proposed Design Law Treaty, the proposed broadcasting treaty and proposed instruments for the protection of genetic resources, traditional knowledge and traditional cultural expressions.

Regarding the other normative agenda of the Organization, we are of the view that considerable progress has been made in the three texts on GRs, TK and TCEs. We hope to tie the loose ends of all the texts so that we can have a diplomatic conference in near future. In this respect we will support the initiative of the facilitator Mr. Ian Goss with a view to finalize the text(s) of an international legal instrument(s) for effective protection of GRs, TK and TCEs.

The adoption of Beijing and Marrakesh Treaties are still fresh in our mind and we also look forward to push forward the discussions on Limitations and exceptions for Educational, Teaching and Research Institutions and Persons with other disabilities, and Limitations and exceptions for libraries and archives. We are similarly encouraged by the progress being made on the Broadcasting Treaty and hope that the text will soon be mature enough for a consensus decision for adoption on a signal-based approach in the traditional sense. The facilitator Mr. Martin Moscoso is a proven hand and we pledge our all-out support to him.

The Group also notes the progress made in respect of the negotiations on the Draft Design Law Treaty and we think that we are very close to a consensus. However, as all our Members are developing countries and LDCs, we emphasis having the legally-binding provision of technical assistance and capacity building in the treaty text. We are ready to engage constructively to find out a solution to this issue and hope that all others will show reasonable flexibility in this regard.

Here is the statement of the Asia Pacific Group in its entirety.

General Statement on behalf of the Asia and the Pacific Group at the 54th Session of the Assemblies of the Member states of WIPO, September 22,

Madam Chair,

I have the honor to deliver this statement on behalf of the Asia and the Pacific Group.

The Members of our Group are extremely happy about the way you are leading us through and we express our utmost confidence in your able stewardship of this Session of WIPO Assemblies and commit our fullest support.

The Group would also like to thank the Director-General, Dr Francis Gurry for his comprehensive and informative overview of WIPO’s work done during the past year. We appreciate the excellent work done by him and all members of his team and the Secretariat especially for the arrangement of this Session and for preparing all the documents. Last but not the least; we would like to thank all the Member States for their constructive engagements in all issues of WIPO.

Madam Chair,

As the Members of the Asia and the Pacific region are developing countries and LDCs, we always consider that the intellectual property is an important catalyst which could contribute immensely towards socio-economic growth, technological development and overall wellbeing of the people. In this same vein, we believe that our goal should be to achieve more balance in intellectual property taking care of the rights of innovators as well as the needs of people and society, that is, an equitable balance between the rights and the responsibility. In this respect, the effective implementation of WIPO’s Development Agenda would be an added and required contribution. We also want to see early finalization of the ToR of the evaluation of mainstreaming of development agenda. It is equally necessary to see IP regimes are appropriately customized in different countries according to their specific needs to foster overall socio-economic growth and development.

Madam Chair,

We are happy to see that the Organization is faring well financially at present. We also take note of the audit reports of the Organization namely, report of Internal Audit and Oversight Division (IAOD), Independent Advisory Oversight Committee (IAOC) and that of the External Auditor and hope that all useful recommendations in the reports would be taken into consideration for implementation keeping the Member States informed.

During the past year, we had engaged ourselves in negotiations over some issues very important for all Member States. To begin with, the Members of our group would also like to see the finalization of the revised definition of “Development Expenditure” as soon as possible and a decision to pave the way for discussion of issue of WIPO Governance. We believe that only the length and frequency of the WIPO meetings are not the governance problem. But these may be very useful landing zones to begin negotiation on the whole issue. We also hope that we will reach a consensus on the implementation of the ‘’Coordination Mechanism’’. We hope that during this session no simultaneous or overlapping informal or formal meetings will be organized to keep our focus on the issues at hand.

On the issue of WIPO External Offices, the group has taken note of the ongoing debate and appreciates the contribution of Ambassador Fitschen to lead the process in a transparent manner. We again underline the need for a Member State driven process for developing the criteria and guidelines for establishment of new External Offices and the Members of our Group will be constructively engaged in the process.

Regarding the other normative agenda of the Organization, we are of the view that considerable progress has been made in the three texts on GRs, TK and TCEs. We hope to tie the loose ends of all the texts so that we can have a diplomatic conference in near future. In this respect we will support the initiative of the facilitator Mr. Ian Goss with a view to finalize the text(s) of an international legal instrument(s) for effective protection of GRs, TK and TCEs.

The adoption of Beijing and Marrakesh Treaties are still fresh in our mind and we also look forward to push forward the discussions on Limitations and exceptions for Educational, Teaching and Research Institutions and Persons with other disabilities, and Limitations and exceptions for libraries and archives. We are similarly encouraged by the progress being made on the Broadcasting Treaty and hope that the text will soon be mature enough for a consensus decision for adoption on a signal-based approach in the traditional sense. The facilitator Mr. Martin Moscoso is a proven hand and we pledge our all-out support to him.

The Group also notes the progress made in respect of the negotiations on the Draft Design Law Treaty and we think that we are very close to a consensus. However, as all our Members are developing countries and LDCs, we emphasis having the legally-binding provision of technical assistance and capacity building in the treaty text. We are ready to engage constructively to find out a solution to this issue and hope that all others will show reasonable flexibility in this regard.

Madam Chair,

At the end we again reiterate our commitment to participate constructively in the Assembly’s deliberations under your guidance to have productive and successful outcome.

Thank you.

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