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.

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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.

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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ORPHAN WORKS, RETRACTED AND WITHDRAWN WORKS, AND WORKS OUT OF COMMERCE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 Can a library reproduce and make available a work that the author wants withdrawn from the public?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Right to Access Retracted and Withdrawn Works
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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.

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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:
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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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Is the WIPO Treaty for Broadcasters Moving Forward at SCCR 27?

The WIPO treaty for the Protection of Broadcasting Organization: The Way Forward?

On day 2 of Standing Committee on Copyright and Related Rights (SCCR) 27, it looks as if the US delegation was showing the SCCR delegates a “way forward” for a new treaty for broadcasting organizations. It seemed as if US diplomacy was working efficiently and the US proposal was gathering support. However, while the US proposal was indeed gathering support, public interest groups and copyright owners also became more vocal in their opposition to the proposal on the table.

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US Policy Making Transparency: A Good Example and a Really Bad Example

This short note is about giving people the heads up about four upcoming USPTO public meetings relating to copyright policy making: re remixes, digital first sale and calibration of statutory damages. It is a good example of ONE US agency (PTO is within a Task Force) wisely seeking “additional input from the public in order for the Task Force to have a complete and thorough record upon which to make recommendations.” But this blog post is also about a really bad example: USTR.

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