The World Intellectual Property Organization’s (WIPO) Program and Budget Committee is meeting from 8 July 2013 to 12 July 2013. Among the documents under consideration is WIPO’s Draft Proposed Program and Budget for the 2014/15 Biennium (WO/PBC/20/3) which fleshes out WIPO’s strategic goals and program of work for 2014/2015. In total, WIPO has 9 strategic goals; strategic goal 1 is entitled “Balanced Evolution of the International Normative Framework for IP” and is comprised of four programs: 1) Patent Law, 2) Trademarks, Industrial Designs and Geographical Indications, 3) Copyright and Related Rights and 4) Traditional Knowledge, Traditional Cultural Expressions and Genetic Resources.
As part of strategic goal 1, the WIPO secretariat framed the following as major risks with respect to its program on copyright and related rights: “Technology and Innovation: Inability of the copyright system to adapt to rapid technological and media changes threatens to undermine the relevance of the copyright system.”
In response to these major risks, the WIPO secretariat provided the following mitigation strategies: “Continuation of awareness-raising activities and initiatives to demonstrate the importance of copyright and to confirm its value and ‘fit’ in the evolving technological landscape.”
On Wednesday, 10 July 2013, Brazil, Switzerland, Egypt, Algeria and Iran made comments on WIPO’s work program on copyright and related rights. Egypt, Brazil and Algeria questioned the fact that on page 41 of the Draft Proposed Program and Budget for the 2014/15 Biennium, WIPO’s “Results Framework” established a target of 10 countries ratifying the Marrakesh Treaty in the 2014/2015 biennium. These countries noted that the target for ratification of the Marrakesh Treaty should be 20 countries as the Treaty enters into force after 20 eligible parties have deposited their instruments of ratification or accession. Algeria (African Group) raised specific concerns about the TIGAR project. Algeria stressed that the TIGAR project should not weaken the ratification process of the Marrakesh Treaty. Iran echoed this concern. Trevor Clarke (WIPO) indicated that the International Bureau would take these concerns into consideration. Mr. Clarke stressed that the work on the TIGAR project and the Marrakesh Treaty would not be separate.
Algeria then posed the question to the WIPO secretariat: “How much money is assigned to the TIGAR project and Stakeholder Platform?” Although WIPO responded to questions on Marrakesh Treaty ratification, it did not answer the questions about the costs of the TIGAR project. Algeria repeated its query, “What is the cost of the TIGAR project, I am still waiting for an answer”. The WIPO secretariat responded, “I cannot give you a precise answer.” Algeria firmly pressed on, “I would like a precise breakdown of how much was allocated for the TIGAR project in the 2012/2013 biennium, and I would like you to provide how much you intend to allocate to the TIGAR project in the future.” The WIPO secretariat indicated they would come back to Algeria.
The following text is reproduced from the WIPO secretariat’s proposed program of work for copyright and related rights for the 2014/2015 biennium.
Normative and policy related work
3.3. The normative agenda has been identified by Member States and a number of outstanding issues remain to be resolved. As each treaty negotiation is completed, the Secretariat is required to respond to Member States’ requests for legislative assistance to bring their national law into compliance with WIPO treaty provisions.
Technical assistance to developing countries and LDCs
3.4. Facilitating the use of IP for development is one of WIPO’s strategic goals. Meeting the challenge of using the copyright system to exploit their culture is extremely attractive to developing countries. WIPO will accelerate its effort to respond to this increasing demand.
Advancing the development of copyright infrastructure
3.5. In order for developing countries to realize the economic potential of their culture, effective use of the copyright system in the digital environment is absolutely necessary. This presents a challenge to WIPO to meet training needs and to provide access to global data management systems.
IMPLEMENTATION STRATEGIES
3.6. Against this background, the Program will focus on the following priorities in the next biennium.
Normative and policy related work3.7. Advancement of the normative agenda on copyright and related rights will focus on facilitating treaty negotiations, responding to Member State requests regarding implementation of new treaties and providing legislative advice. The new treaties to be implemented are the Beijing Treaty and the proposed Marrakesh Treaty, each of which is also likely to lead to significant numbers of legislative advice requests as part of Member State ratification and implementation initiatives. The facilitation work will relate to the proposed broadcasting treaty and discussions of copyright norms related to other exceptions and limitations currently being held in the SCCR. In the policy area, particular attention will be paid to the continuing opportunities and challenges posed for the copyright system by the Internet and digital technologies.
Technical assistance to developing countries and LDCs
3.8. Technical assistance to developing countries and LDCs will continue to be focused on encouraging developing countries to use the copyright system to exploit the economic potential of their culture. The MTSP, Strategic Goals, DA and the organizational Expected Results all recognize the importance of technical assistance to developing countries. Greater efforts will be made to ensure sustainability of practical and measurable results in developing countries and LDCs.
3.9. The technical assistance will be based on country needs which are being identified in collaboration with the Regional Bureaus. The biennium will see a greater use of regional consultants for the implementation of national and regional activities with more time devoted by WIPO staff to developing strategic approaches in line with individual country needs.
Advancing the development of copyright infrastructure
3.10. Work in this area will focus on strengthening collective management and its role in the digital marketplace. The activities which aim to encourage developing countries to use the copyright system to exploit their culture will require strengthening of their legal frameworks, their copyright offices and particularly their collective management societies.
3.11. The evaluation of the economic contribution of copyright industries to GDP will continue with greater reliance on outsourcing. Online training modules are being developed and an ambitious program to have CMOs improve their Transparency, Accountability and Governance (TAG) is in the planning stage, while the enhancement of the WIPOCOS software to improve the back office management of CMOs has been initiated.
3.12. In addition, the initial work being done towards the possibility of global data management in music is to be broadened to embrace all content on the Internet, e.g. music, films, photographs, books, etc.
3.13. A permanent structure to deliver copyright-protected material in accessible formats across borders will be developed. In parallel with the normative work on a VIP treaty, work is progressing on the implementation of an IT infrastructure and an organizational framework for the TIGAR project. This work will be enhanced and restructured under a multi-stakeholder Foundation, subject to Member State approval.