The various groups statements from Asia and Pacific, Group B, Africa Group, GRULAC etc. were about the stated positions regarding the topics on the table i.e.the protection of broadcasting, cablecasting (and webcasting) organizations, the limitations and exceptions and for some their interest in new topics including the resale rights and the digital environment context study proposal. No surprises here. For example, the EU is for a broad casters’ treaty, not in favor of work on limitations and exceptions but cannot really be against resale rights (there is a Directive and the latest report showed no real effect for the auction houses in the EU). GRULAC and the Africa Group want to be be constructive on L&Es.
Chair: With that, I think we’re ready to start and there’s — I’m — I always try to look for an inspiration and we have found a very nice weather in Geneva when all of you, all of us, we have arrived here. Yesterday we saw a race here, a Marathon race here around the city. That could inspire us. We really are in a Marathon, not for 20 years, but this is a Marathon because there is a goal, there’s a spirit to keep on doing the major effort to get better, to test our conditions and to get finally to the goal. I think that’s a very good starting point in which now we exercise intellectually what several people did yesterday physically. That’s challenging enough, and with that inspiration I start thanking officially the Delegations for their participation of the SCCR and their willingness to continue constructive work.
Some words with respect to the scope of the work this week. It is proposed members will continue to work on all subjects under the draft Agenda. Discussions will be based on working documents considered by the Committee of the 30s Thirty-first session and the proposals for this session.
For the schedule of the work, it is proposed to divide the meeting time equally between the protection of broadcasting organizations and limitations and exceptions taking into account, of course, the procedural matters to be handled ^ both at the beginning and at the end of the meeting as was done previously. This means that much of the fist half of the week will be spent on item 5, protection of broadcasting organization and the other half of the week, from Wednesday afternoon will be devoted to the topics of agency item 6 and 7 on limitations and exceptions for libraries and archives and education and research institutions and people with other disabilities.
Note that the Secretariat made arrangement for the presentation by professor Daniel Singh on Thursday. All of the updated draft versions on the study followed by answers and questions by professor Singh. If the Professor will be available, probably we could require him to stay and keep on exchanging with you, your views ^ and opinions regarding the important report that he has finished.
On Friday afternoon we will also discuss Agenda item 8 anatomic of other matters. The Committee will be invited to discuss for up to one hour each of the two proposals submitted in SCCR/31, namely the repo sal for analysis of corporate related to the digital environment submitted by the group of Latin American and Korean countries and the proposal on the resale royalty rights submitted by Senegal and Congo.
With this informative introduction I will start with with Agenda item 2, which is the adoption of the Agenda of the Thirty-second session. As usual, it is included in SCCR/31/1 Prov. Based on discussions with Regional Coordinators and group and it is proposed to add an item of the contribution to the SCRR to the implementation of the agency recommendations. Regarding this request, consistent with best practice in the SCCRs, this addition will be placing the Agenda doc and not serve as as precedent as was done previously in this Committee the Agenda Item will be added to the Agenda right before Agenda item 8 on the provisional Agenda, other matters. The Agenda item on other matters will become then item number 9 on the Agenda item and closing of the session, it will be becoming Agenda item number 10.
If you have a positive reaction to — I see no opposition.
India is requesting the floor.>> INDIA: Just in line to support your proposal, it is an excellent proposal. We should — our group would like to support it.
Thank you.>> CHAIR: Thank you very much to the Distinguished Delegate of India for
Agenda adopted.
Accreditation of NGOs.
with Agenda item 2, which is the adoption of the Agenda of the Thirty-second session. As usual, it is included in SCCR/31/1 Prov. Based on discussions with Regional Coordinators and group and it is proposed to add an item of the contribution to the SCRR to the implementation of the agency recommendations. Regarding this request, consistent with best practice in the SCCRs, this addition will be placing the Agenda doc and not serve as as precedent as was done previously in this Committee the Agenda Item will be added to the Agenda right before Agenda item 8 on the provisional Agenda, other matters. The Agenda item on other matters will become then item number 9 on the Agenda item and closing of the session, it will be becoming Agenda item number 10.
If you have a positive reaction to — I see no opposition.
India is requesting the floor.>> INDIA: Just in line to support your proposal, it is an excellent proposal. We should — our group would like to support it.
Thank you.>> CHAIR: Thank you very much to the Distinguished Delegate of India for starting with this constructive approach. Thank you very much for that.
Any other comment?If not, I think we can consider adopted the Agenda. Thank you very much for this.
Agenda Item number 3, accreditation of — E.U. is requesting the floor. Greece.
>> GREECE: Thank you, Mr. Chair.
Good morning.
I would just like to clarify that I have the honor to take the floor on behalf of Group B.
I would like to turn to what you just friend regarding the additional Agenda item, I would like to express our group positive expression on the issue with the understanding that the item is a talk basis.
Thank you very much>> CHAIR: Thank you. Something I previously said as well.
Nigeria has the floor.>> NIGERIA: ^ thank you, Mr. Chair. Good morning to everyone.
Speaking on behalf of the Africa Group I would like to support your proposal.
Thank you.>> CHAIR: Thank you very much for that support.
Any other comments just to remind that the Agenda has been adopted by the Committee. Thank you very much for that.
We go to Agenda item number 3, accreditation of new non-governmental organization. We have received a new request in SCCR/32/2, I would like to invite the Committee to approve the accreditation of the non–governmental organization referred to in the annex, mainly the Canadian museum of history, CMH.I see no opposition.
We can consider that this Committee considers accredited that NGO. Welcome Canadian Museum of History.
Agenda Item number 4, adoption of the report of the Thirty-first session of the Standing Committee. Now it is time to consider the report of the last session.Delegations are as usual invited to send comments or corrections to the English version available on the web to the e-mail and comments and corrections should be sent to the Secretariat by June 15th, 2016 in order to allow the production of the final report for the next session. The Committee is invited to the approve the draft report.
I see no opposition. We consider approved the draft report in that documeI will now ask the Secretariat to confirm the propose sod scheduling about the side events that’s been promised this week and other announcements. Please, Michelle.
>> SECRETARIAT: Thank you, Chair.
As you have summarized the order of activities for this week we’ll simply point out that we have agreed to have professor Daniel Singh come to present his draft study. It is not entirely complete yet, but it is already well over 600 pages, almost 700 and growing. We thought it would be good to get an update at this stage from him. He will do that on Wednesday afternoon at the beginning of the session so we’ll effectively be moving forward the Agenda item on limitations and exceptions for educational and research institutions to start with the limitations and exceptions Agenda items.
[…]
>> INDIA: Thank you, Mr. Chairman.
India has the honor to deliver the opening statement on behalf of the Asia and Pacific Group in this session on copyright and related rights. We would like to express confidence in your experience and your leadership skills we’re confident your hard work and diligence will yield desired results and help this Committee reach a mutual understanding on all outstanding issues. Our group would also like to thank the WIPO Secretariat for the preparation of this meeting. Mr. Chairman, this is an important Committee of WIPO dealing with three issues of importance, protection of broadcasting organizations, limitations and exceptions for libraries and archives and exceptions and limitations for pedestrian occasional and research institutions and for persons with other disabilities. These three issues are of great importance to our group. Going by the discussion at the Thirty-first session of SCCR in 2015 it would not be wrong to say that SCCR is facing difficulties on coming to agreement on how to proceed with some of these Agenda items. We believe these issues have not received equal level of commitment and understanding commiserate with their importance based on the differential, socioeconomic development of the Member States, inclusiveness and mutual understanding of each of those priorities is essential for the progress. In the spirit of multilaterallism our group reaffirms the commitment to engage constructively in negotiating a mutually acceptable outcome on all three issues before the Committee. Our group would like to put on record its support for the proposed programme of work.Mr. Chair, members of the group would like to see the finalization of balanced treaty on the protection of broadcasting organization based on the mandate of 2007 General Assembly to provide protection on the signal-based approach for cablecasting and broadcasting organization in the traditional sense.
Mr. Chair, for our group exceptions and limitations are of critical importance for individuals as well as collective development of enlightened societies. However, there is no denying the fact that some divergence on how exceptions and limitations should be approached exist among Member States. Exceptions and limitations have an important role to play in the obtain ment to knowledge which could be hampered by lack of information.
It is unfortunate that absence offed a wall qualify the assay will to discuss and develop the the two limitations and exceptions before the Committee resulted in a stalemate on all three important issues. ^.Mr. Chair, Asia and Pacific Group has taken note of the proposal submitted by the GRULAC in the last session to discuss the current digital environment and copyright interface. Members of my group will make interventions in their national capacity under this Agenda Item and will productively participate in the discussion on this contemporary topic.
Mr. Chair, this is the same Committee which has given us the Beijing treaty and Marrakech Treaty. My group is optimistic that the noble intentions and right will, we can pave the path for the development of appropriate international instruments on all three issues soon. We look forward to productive results and tangible progress in this session. I would be failing in my duty if I don’t finish in Spanish.
Thank you.>> CHAIR: Thank you, Distinguished Delegate of India showing excellent knowledge of Spanish.
It is time to listen to Lithuania.LITHUANIA: Thank you, Mr. Chairman. It is Latvia. On behalf of the tall tick state group allow me to express confidence in your leadership that will guide us through to the Agenda of this session. ^. We believe that your professional experience and knowledge of the subject matter will enable us to have pragmatic discussions and that we’ll achieve further progress on the outstanding issues. The cebs group would use this opportunity to thank the Secretariat for the preparation of this meeting. The high importance attached to the CEBS Group is well-known. We believe that the treaty adapted to the current reality should be our common aim. We have to take into account the digital environment and technological progress and the fact that they have an impact on the needs of broadcasting organizations in terms of protection. Leaving this important aspect behind would mean the treaty would be already outdated and not corresponding to the actual developments and trends in the broadcasting sector. In this regard we commend you for preparing revised consolidated text and definitions, object of protection and rights to be granted. We hope this document will assist us in advancement of our discussions and building common understanding.
We invite all Delegations to engage in the discussion was full commitment to convene a Diplomatic Conference to adopt the broadcasting treaty as soon as possible. Mr. Chairman, on the topic of limitations and exceptions we’re looking forward to hearing the preliminary findings on the study on education carried out by professor Singh. The group is willing to engage in a constructive manner on this topic in the framework of already expressed position, the development of non-binding instruments.
[…]
BAHAMAS: Mr. Chairman, on behalf if you have the group of Latin American and Caribbean countries we wish to express our thanks to you for presiding over this session of the SCCR. We’re confident that under your leadership and with the support of the Vice President we will have constructive and fruitful discussions during the course of this week. ^. GRULAC supports the work of this Committee and reiterates our readiness to work constructively on the issues on the Agenda of this meeting.
We would like to thank the Secretariat for organizing the meeting and for preparing the documents to be considered in coming days.Once again, we would like to congratulate the WIPO Secretariat for hosting a successful, educational conference on the global digital content market highlighting sector by sector how the global digital world is rapidly changing access and business models for the greater content economy. The information received broadened participants’ understanding of the subject matter and feeds into the discussions of this Committee.
Mr. Chairman, the issues that are of interest to GRULAC on the Agenda the of this meeting includes protection of broadcasting organizations, limitations and exceptions for library and archives and limitations and exceptions for educational, research institutions and persons with other disabilities. We look forward to addressing the issues through balanced discussions under your leadership.
With respect to limitations and exceptions in educational and research institutions and persons with other disabilities, GRULAC welcomes the presentation by professor Daniel Singh from the national University of Singapore on the update of the five studies presented in 2009. GRULAC supports an open and Frank discussion on the limitations and exceptions for library pain archives does that does not pro judge the nature of the outcome of the discussions to reach effective solutions with regard to problems effecting libraries and archives around the world.
GRULAC is very interested in the discussion on the proposal submitted by Brazil, Ecuador, Uruguay, India, African Group regarding the treatment of this topic. In order to promote the work on this topic we support the debate on the table presented by the the.
GRULAC reiterates the willingness to continue discussions on broadcasting organizations with a view to updating the protection following the signal-based approach. We welcome the text proposed by you with the support of the Secretariat as a contribution for discussion on definitions, object of protection and rights to be granted. GRULAC is also looking forward to the discussion related to document 31/4 proposal for analysis of copyright related to the digital environment. Our group proposed the discussion on the new challenges arising from the use of protected Intellectual Property works in the digital environment within the Standing Committee on copyright and related rights of the World Intellectual Property Organization. ^ we welcome a full exchange of views from other Member States on our proposal.Finally, with respect to the Marrakech treaty, GRULAC is pleased to announce that Chile will be depositing an instrument of eradication this week and Ecuador, Panama and other also do the same in the coming weeks joining Argentina, Brazil, El Salvador, Mexico, Paraguay, Peru and Uruguay that have ratified the treaty. To date half of the eradications are attributable to the GRULAC members. We encourage other Regional Groups to follow our lead and work towards making the Marrakech a global international instrument.
Thank you very[…]
GREECE: Thank you, Mr. Chair.
I have the honor to take the floor on behalf of Group B.
Mr. Chair, first of all, Group B would like to thank you for your continuous guidance as Chair of this important Committee and would like to extend our congratulations to the Vice-Chair.We’re once again looking forward to fruitful discussions. Our group would also like to take this opportunity to thank the Secretariat for the work for this session, as well as for the various side events that shed light on the issues that copyright faces in today’s world.
Mr. Chair, Group B continues to attach importance to the negotiation on the treaty for the protection of broadcast organizations. WIPO as a specialized agency has a responsibility to continue to be relevant to the evolving environment of the real world and as it develops due to the advancement of technologies. And in order to maintain such relevancy this organization has to continue to hear the voices of the real world and respond to developing demands in various fields. No one questions the significant economic value of broadcasting and the appropriate protection of such value is one of the demands to which the organization is required to respond.
In this regard, we, Member States, we have to find a solution which fits into the current environment without letting our solutions become outdated before they have effect. It is only Member States that can ultimately agree upon practical and other solutions and to maintain the relevancy of the Committee and organization. At this point we would like to thank the Chair for his proposal for the updated broadcasting text and definitions object of protection and rights to be granted. Regarded as an attempt to clarify the text and the definitions and move the work on broadcasting organizations forward. We still have a number of comments and technical clarifications. At this point we would like to highlight that during our recent meetings of this Committee rich discussions have been held that helped us to better understand the various perspectives and issues that we need to address. Turning to exceptions and limitations Group B expects that we could find the consensus basis for further work of this Committee. The presentation by professor Kenneth Cruz and following intensive discussion in one of the previous sessions of this Committee gave us a clue as to a way forward, and it is a helpful reference to national policy making in order to adopt exceptions and limitations respecting established differences of the legal systems.
Additionally we would like to underline that this Committee should give serious consideration to objectives and principles as proposed by the United States which pursue the common ground in reality where no consensus exists within this Committee for the normative work.
Mr. Chair, please stand assured that you can count on our commitment of constructive engagement to the work of this important Committee.
I thank you, Mr. ChairNIGERIA: Thank you, Mr. Chairman.
Nigeria has the honor to deliver the statement on behalf of the Africa Group. The group welcomes your resourceful chairmanship of the SCCR and looks forward to working together to significantly advance the Committee’s work by the end of this week. We also express our appreciation to your Vice-Chair and the Secretariat for their hard work and commitment.
Bearing in mind that this session is the last session — last meeting of the SCCR before the WIPO 2016 General Assembly and as widely pointed out by the Director General this morning, the Africa Group believes that the Committee should be able to progress definitively on some Agenda topics. We are cautiously optimistic that the Committee can reach consensus on the convening of a Diplomatic Conference in 2017 for the protection of broadcasting and cablecasting organizations against signal piracy and in conformity with the General Assembly mandate.
Given the maturity of that text we believe that extended discussions are not clearly aligned with the timeframe for conclusion, may not be suppose of the objectives of the draft treaty for the protection of broadcasting and cablecasting organizations. It is a considered view of the Africa Group that issues of divergence within this Agenda item are not so unsurmountable to prevent the Committee from moving forward on the objective. We look forward to the Chair’s presentation of the revised consolidated text on definitions, objects of protection and rights to be granted and hope that he can facilitate progress on the subject.Similarly, the Africa Group looks forward to identifying a path forward for the Committee’s engagement in the field of exceptions and limitations to facilitate access to knowledge and information. We would like to engage in text-based work to develop international legal instruments on exceptions and limitations for libraries and archives and exceptions and limitations for educational, teaching or research institutions and persons with other disabilities.
In the face of growing disparity in the field of access and knowledge and information and its inclusion in the Sustainable Development Goals, the Africa Group encurrentlies renewed commitment to a effective outcome and good faith engagement of all Member States and other stakeholders to work together to remove the uncertainty and vulnerability that characterizes this Committee’s discussions on the subject of exceptions and limitations.
Knowledge is at the core of every growth stream imaginable. A considerable number of potential beneficiaries should not be excluded from fair access to knowledge as a result of legally adjustable structures. Indeed, significant changes related to access to knowledge and information have accord at the national, regional, global level on exceptions and limitations in the SCCR. To this end, the relevance of this Committee’s negotiations could nod be overstated taking in account the digital environment and to be mo N. a position to respond to global realities and continually to ensure an appropriate billion and relationship between the rights of creativity and the public interest.We also hope that the knowledge and information ^ provided by the WIPO conference on the global digital content market can impact the work of the SCCR this week. We shall look forward to hearing the presentation of the professor and we’ll comment on that.
We look forward to continued discussions on the new proposals on royalty resell rights and analysis of copyright related to the digital environment by GRULAC. We appreciate the importance of both subjects and will engage constructively. Finally, Mr. Chairman, we continue to support your proposal to hold an extraordinary session of the SCCR on protection for broadcasting organizations and to homoscedasticity regional meetings on exceptions and limitations. That’s including both subject areas of the considerations and limitations.
I thank you.>> CHAIR: Thank you very much to the Distinguished Delegate from Nigeria on
EUROPEAN UNION: Thank you, Chairman. Good morning.
The European Union and Member States would like to thank you and the WIPO Secretariat for the preparation of this session of the Standing Committee. We are confident that your commitment and expertise will continue to lead the Committee in constructive discussions and towards the successful outcomes for the benefit of the global Intellectual Property system.
Chairman, the Committee should strive to make the best possible use of time and resources which demands clarity as to the goals and with respect to deliverables under each Agenda item.The European Union and Member States have been actively involved in the discussions on the treaty for protection of broadcasting organizations. These discussions are of great importance to us and we are ready to work constructively to advance the work on a matter that undeniably is a complex, technical one.
It is of importance that the treaty towards which we are working responds to the current and future needs of broadcasting organizations. We welcome continuing the discussion we had at the last Committee meeting and we look forward to indepth discussions on the updated text on definitions, object of protection and rights to be granted that you prepared for this session. As we have mentioned on previous occasions, what is needed is a broad consensus as to the extent of the protection to be granted so that the treaty will provide broadcasting organizations with adequate protection in today’s world.
Considerable efforts have been made during previous sessions in order to build consensus on a treaty and this consensus should allow us to agree on a meaningful step in the view of keeping up with the pace of technological development. We look forward to further progress on the basis of the new text you prepared for SCCR/32.The European Union and Member States would also continue to contribute constructively to the discussion on exceptions and limitations. The E.U. and Member States strongly believe that the existing international copyright framework already empowers WIPO Member States to introduce, maintain and update limitations and exceptions in their national legislation. They can meaningfully respond to local needs and traditions while continuing to ensure that copyright is an incentive and reward to creativity.
We do not see a need for legislatively binding instruments, but we would like to stress again the useful work could be done in the Standing Committees on how exceptions and limitations can best function within the existing legal framework also in order to provide guidance regarding the manner in which the International Treaties are implemented in national laws. Discussions will be most useful if they were aimed at a more thorough understanding of the issues at stake and an investigation of possible solutions among those available under the framework of the existing International Treaties. We hope that the Committee can come to a shared understanding on how this can be achieved and on what would constitute a consensual outcome. As we have said in the past, we believe that exchanging best practices in an inclusive way that can be of use to all WIPO members can be useful in that respect.
The European Union and Member States would also like to express support for the inclusion in the normative Agenda of the SCCR of the proposal from Senegal and Congo on the resale right. This has been informally discussed at previous SCCR sessions and under item 8, other matters at SCRR/31. We believe this is an important subject for the international IP system and should find its place in the proceedings of the Committee.
Thank you, Chairman.>> CHAIR: Thank you very much for the statement by the European Union. We see the Distinguished Delegat
CHINA: Thank you, Mr. Chairman.
Good morning, everybody. We would like to first of all thank the Secretariat for its hard work. We believe that SCCR is a specialized Committee that’s very important for WIPO. The subject of discussions such as protection of broadcasting organizations limits and exceptions for libraries and archives for educational, research institutions and for Persons with Disabilities are still major issues that draws attention in this area.
Although in the previous sessions there is no consensus built among Member States on the relevant issues and it is simply because there are specific situations for the Member States and that causes objectively some different opinions. Therefore, we believe that understanding and compassion are the keys here.Chinese Delegation would like to thank the Chairman for the proposal revised consolidated text on definitions, object of protection and rights to be granted and will continue to pay attention and participate actively in the discussion on the draft treaty on the protection of broadcasting organizations and other important Agenda items. We wish that Member States and others will have a pragmatic attitude in reaching the consensus on the two issues.
We would like to take this opportunity to appeal once again to the Member States to focus on the audiovisual Beijing treaty standing ready to provide support and cooperation in process of eradication and in joining the treaty, together we would push forward the entry into force of the treaty.
Thank you, Mr. Chairman.
.
END of GROUP STATEMENTS