RE: Conclusions of World Intellectual Property Organization

  • From: "Sina Bahram" <sbahram@xxxxxxxxx>
  • To: <programmingblind@xxxxxxxxxxxxx>, <BlindGeeks@xxxxxxxxxxxxxxx>
  • Date: Mon, 1 Jun 2009 22:57:51 -0400

In short:

Nothing

Take care,
Sina
 
-----Original Message-----
From: programmingblind-bounce@xxxxxxxxxxxxx
[mailto:programmingblind-bounce@xxxxxxxxxxxxx] On Behalf Of Humberto
Rodriguez
Sent: Monday, June 01, 2009 9:40 PM
To: BlindGeeks@xxxxxxxxxxxxxxx; programmingblind@xxxxxxxxxxxxx
Subject: Conclusions of World Intellectual Property Organization

Final conclusions of WIPO SCCR 18.

World Intellectual Property Organization
SCCR Eighteenth Session
Geneva, May 25 to 29, 2009

CONCLUSIONS OF THE SCCR
prepared by the Chair

Limitations and exceptions

1 The Committee reconfirmed its commitment to work on the outstanding 
issues of the limitations and exceptions, as decided at the 
seventeenth session of the SCCR, taking into account development- 
related concerns and the need to establish timely and practical result- 
oriented solutions. Likewise, the Committee reaffirmed its commitment 
to continue without delay its work in a global and inclusive approach, 
including the multifaceted issues affecting access of the blind, 
visually impaired and other reading-disabled persons to protected works.

2 The Committee expressed its appreciation for the Proposal by Brazil, 
Ecuador and Paraguay Relating to Limitations and Exceptions: Treaty 
Proposed by the World Blind Union (WBU). Views were expressed: 
supporting the proposal for a binding instrument; expressing the wish 
for more time to analyze it; expressing the desire to continue the 
work on the basis of a global and inclusive framework; and expressing 
that deliberations regarding any instrument would be premature. Member 
States will continue to consult on these issues at national level and 
report on the activities and views on possible solutions. This 
proposal, together with other possible proposals and contributions by 
the Members of the Committee, will be discussed at the nineteenth 
session of the SCCR.

3 The Committee welcomed the stakeholders' platform Interim Report, 
and encouraged the Secretariat to continue the work of the platform 
and report on its activities during the nineteenth session of the 
SCCR. The Committee requested that the Secretariat ensure the 
effective participation, and make available funding to support the 
participation of stakeholders from developing and least-developed 
countries. The Secretariat shall make its best efforts to organize a 
meeting of the platform in a developing country.

3bis. The Committee noted with approval the forthcoming study 
requested at the seventeenth session of the Committee on exceptions 
and limitations for the benefit of educational activities, including 
distance education and the trans-border aspect thereof, in particular 
for developing and least-developed countries. The Secretariat will see 
to that the study will be completed as expeditiously as possible and 
be made available to the Committee prior to its nineteenth session.

4 The Committee requested the Secretariat to prepare analytical 
documents, identifying the most important features of limitations and 
exceptions in the various domains based on all the studies carried 
out, as well as addressing the international dimension and possibly 
categorizing the main legislative solutions.

5 The Committee took note of the draft questionnaire on limitations 
and exceptions and invited delegations to send comments to the 
Secretariat before July 15, 2009. Based on those comments, the 
Secretariat will present a revised questionnaire at least one month 
prior to the nineteenth session of the SCCR for consideration and with 
the aim of final approval during that session.

6 The areas covered by the questionnaire will include limitations and 
exceptions for educational activities, activities of libraries and 
archives, provisions for disabled persons, as well as the implications 
of digital technology in the field of copyright, including as they 
relate to social, cultural and religious limitations and exceptions. 
The Committee noted that a number of delegations requested that the 
questionnaire should incorporate limitations and exceptions related to 
technology transfer issues. The Committee also noted that a number of 
delegations requested that in relation to visually impaired and other 
persons with disabilities, libraries and archives, educational use and 
research, questions regarding the function of limitations and 
exceptions across borders would be added.

7 The questionnaire shall enable governments to furnish any other 
pertinent information regarding limitations and exceptions in their 
national laws that are not addressed in the questionnaire.

8 The Committee took note of the supplementary information sent by 
Member States regarding the WIPO studies on limitations and exceptions 
presented in the context of the seventeenth session of the SCCR and 
noted that the studies remain open for comment.

8bis. The issue of limitations and exceptions will be maintained on 
the Agenda of the nineteenth session of the SCCR.

Protection of audiovisual performances

9 The Committee expressed its appreciation for the seminars organized 
by the Secretariat and encouraged the Secretariat to continue that 
activity.

10 The Committee reaffirmed its commitment to work on developing the 
international protection of performances in audiovisual media.

11 The Committee requested the Secretariat to prepare a background 
document on the main questions and positions.

12 The Committee requested the Secretariat to organize, in Geneva, 
informal, open-ended consultations among all members of the Committee 
on possible solutions to the current deadlock.

13 The protection of audiovisual performances will be maintained on 
the Agenda of the nineteenth session of the SCCR.

Protection of broadcasting organizations

14 The Committee expressed its appreciation for the information 
session on developments in broadcasting.

14bis. The Committee requested the Secretariat to commission a study 
on the socio-economic dimension of the unauthorized use of signals, 
including the impact of the lack of access on the one hand and the 
need for an effective protection for broadcasters, on the other hand, 
with the aim to be available for discussion at the twentieth session 
of the SCCR.

15 The Committee reaffirmed its willingness to continue its work on 
the protection of broadcasting organizations on a signal-based 
approach, according to the mandate of the 2007 General Assembly.

16 The Committee invited the Secretariat to organize regional and 
national seminars upon the request of Member States or regional groups 
on the objectives, specific scope and object of protection of a 
possible draft treaty. The Committee took note of the proposal to 
organize regional consultations.

17 The protection of broadcasting organizations will be maintained on 
the Agenda of the nineteenth session of the SCCR.

Other matters

17bis. Several delegations underlined the need for the studies 
prepared to be available in all official UN languages. The Committee 
requested the Secretariat to produce the cost estimate of translating 
the studies.

Next session of the SCCR

18 The dates of the nineteenth session of the SCCR will be announced 
later after consultation with Director General of WIPO.


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