[A2k] Transcripts of discussions at SCCR/25

Smitha smitha at cis-india.org
Tue Nov 20 04:31:34 PST 2012

Dear All,

Please find attached a the transcripts of the discussions held on the 
19th and 20th of November at the 25th Session of the SCCR. This is an 
unedited rough transcript of the discussions, which was live-streamed 
and made available by WIPO.

I will be forwarding copies of the discussions for the rest of the week 
as and when they are available.

-------------- next part --------------
>> CHAIR: Good morning, colleagues and welcome to our plenary session of the SCCR 25. Yesterday I had indicated that we'll spend the day in consultation, informal consultation in the small group format of coordinator plus five and that would have this plenary for purposes of transparency and inclusiveness on the process as we move forward and to see how the text is evolving.
I would invite Secretariat to just run through the portions of the text that were worked on yesterday, and the sort of progress that we registered yesterday. Secretariat?
>> SECRETARIAT: Good morning, everybody. As you can see in the documents distributed today, we have two sets of revised text. The first one is the preamble, and as you can see in the basic revised text that you had before from intersessional, we had 17 paragraphs in the preamble. We have moved to 12 paragraphs. The group basically worked with the alternative text, and as you can see, there's no ownership that we have clean paragraphs, only with the exception of the 12 paragraphs, the last paragraph, that's still pending.
We have a stable agreement on all of these text. We see that, for instance, in the second and the fourth paragraph, that apart from the basic proposal, we had suggested text, now we have one complete, clean clause or preamble of our paragraph, and we would say also that the eighth paragraph is quite a brand new one, still with six brackets that we hope that will be cleaned up later.
Also regarding paragraph 10 and 12, the African Group is still considering this text. That's why you find it in brackets, but we hope to hear from the group very soon to know what will be the final text.
Then you have also a set of four articles that have been revised. They are E, FI and J.
There was an article included to the extent that the national law, and then we have two brackets in the fourth and the fifth -- (No audio).
For F, which is related to obligations concerning technological measures, the changes, the basic changes are that the previous chapeau that we had for this article now is part of one alternative, it is called alternative A. The previous alternative A is deleted and new text, let's say, is part of -- or is added to the chapeau and is a new alternative A. We have alternative B, which is basically a text that is based on the agreed statements of the Beijing Treaty, regarding Article 5.
For Article G, which is related to -- relationship with contracts, we -- again, we have some part deleted the previous alternative A. Now we have a new alternative that is called alternative C. So we have basically for this new provision or this article, we have three alternatives, three optional text, that the three are in brackets. None is fully agreed on.
Then finally, regarding Article J, the main change, the main change we called this registry of authorized entities. There was a clarification that the idea is to facilitate the recognition of the identification of authorized entities, basically for the time being, it's just a provision that proposed a list of authorized entities in a voluntary basis in principle, but these are the changes, Mr. Chair.
Yeah, and there are various delegations that committed to continue working on the different text, there are four or five delegations, and we hope that we have an outcome very soon.
>> CHAIR: Thank you. So that is as far as we have gone yesterday, and when we have adjourned our informal consultations, the idea was to allow delegations working on various portions of the text to come up with common language for consideration this morning. It is my proposal that we continue in the informal setting today as well, so that we can continue to tackle the text and try to narrow the gaps within the text.
At this juncture, I would invite any comments that you may have on the work done. Venezuela.
>> VENEZUELA: Good day, Mr. Chairman. Thank you. Mr. Chairman, Venezuela would like to propose that the informal work should continue in this room because whether it's informal or formal doesn't depend on the size. And yesterday it was a real fight to try and get into a tiny room, which wasn't big enough for all of us. And so if we continue working here, the delegations that want to continue can stay and those who don't want to can go but I think that that will mean it's open enough for everybody to participate.
Secondly, Mr. Chairman, as Venezuela would like the text to make progress and for us to have a positive outcome, which will benefit millions of people worldwide, my delegation made a proposal on Article B, but we would like to, actually, withdraw that now. Thank.
>> CHAIR: The United States.
>> UNITED STATES OF AMERICA: Thank you, Mr. Chairman. A question for the chair and for the Secretariat, yesterday we noted that there had been some discussion of the availability of a larger room than Uptenhaugen in the new building and it was not available yesterday. For us, we think informals are very important that people can be face to face and that this kind of legislative setting is not conducive it to the kinds of discussions we need; on the other hand, we are sensitive to the concerns raised by the distinguished delegate of Venezuela. And so our inquiry for you and the Secretariat is whether that larger room, larger than Uptenhaugen is available in the new building. Thank you, Mr. Chair.
>> CHAIR: Thank you. Egypt, to be followed by Ecuador.
(No English translation).
>> CHAIR: There's still no interpretation.
>> EGYPT: Should I continue?
>> CHAIR: Just wait for a minute. I think the interpreters are organizing themselves.
>> EGYPT: Okay. Now we can continue.
Thank you, Mr. Chairman. The delegation of Egypt supports the proposal made by the distinguished delegate of Venezuela because the hall where we were working yesterday was not really fit for all the delegations. It was small and we found -- I found difficulty in participating because there was a crowd and the room was crowded. There were no places and therefore, I propose that we hold our informal sessions here in this hall or another hall where there are facilities. Thank you, Mr. Chair.
>> CHAIR: Thank you. Ecuador.
>> ECUADOR: Thank you, chairman. Let me say that our delegation also submitted a proposal, but we can't withdraw it yet until we consulted capital. So we would like this proposal to maintain on the space issue.
>> CHAIR: Venezuela, could you clarify what article you were referring to?
>> VENEZUELA: Thank you. Chairman, this article is a -- and we made this proposal a long time ago. It's the same as referred to by Ecuador. It was supported by Ecuador, but since we made the proposal, we can also withdraw it. But if Ecuador wants to keep it, that is the case for Ecuador, but we think that since we proposed it, we can withdraw it. We did get one or two delegations supporting it, but we do think that since we initiated it, we can withdraw it.
But what I would like to say that all international agreements and treaties are a guide. It's a kind of general project that is then developed in national legislation. We think if we put more straight jackets on an international agreement, we make it much more difficult to progress and make headway, therefore, the idea of reinterpretation of the rule has been analyzed in our capital and we think it further complicate an agreement which is almost mature and ready for adoption. And if the three steps rule, it's an old one. We think that we could withdraw it and we could show our flexibility this week by doing that. So the last thing in our mind is to come into conflict with our sister delegation of Ecuador. We are grateful for their support. We are not necessarily seeking support. We made the proposal. We are grateful for the support. We now wish to withdraw our proposal as a concession by Venezuela, but if Ecuador wants to maintain that proposal, then we have no objection either. Thank you.
>> CHAIR: Thank you, Venezuela. We have taken note of your position and we also take note of Ecuador's position.
Now, there is the issue of the meeting room, where should we meet for the informal consultations. Before I address the issue -- the question of the USA, let me address the issue raised by Venezuela.
In my consultations yesterday, with the regional coordinators, this is a matter that was considered resolved. And I also indicated in plenary that we need to maintain some balance between effectiveness, transparency and inclusiveness so that we can make some progress, and in this light, I had indicated that we shall follow our informal consultations from the small group to plenary, so that all delegations are able to follow what is happening and able to make comments on plenary on any developments in the text.
So I assumed and I still believe that that is the position that I have the support of Member States to proceed in that format.
In regards to the question from the USA, may I ask Secretariat to respond to that?
>> SECRETARIAT: Yes. So with regard to the room available in the new building, technically speaking, that room only accommodates four more chairs or seats, as far as the fire code, however, it is true, it is actually a much larger room.
At the moment, the room is booked. We have been told by our conference services, that if they wanted us to try to switch, basically everything booked into that room into Uptenhaugen so we could have the room for the rest of the week. They would need a little lead time. Perhaps they can do it by this afternoon. The group that was booked for today has started today, but it would be possible to make those kinds of arrangements.
So, you know, the room was basically fully booked all week. We can try to move things around. The issue you is that we would have to commit to that room once we move everybody, and as we noted yesterday, unfortunately that room can only accommodate interpretation in two languages. So, you know, we would have to agree to go from three in the Uptenhaugen room to two in that room. And that's something that Member States would have to be comfortable with. I believe I was hearing yesterday that perhaps that would be English and French but there was also some calling for other languages. So those are the realities of our situation at the moment.
An accommodation that we have tried to arrange overnight is to have essentially a private transcript of the discussions in the Uchtenhagen room available on the screen in room B so the delegates could sit in that room, who aren't able to be in the Uchtenhagen room and see the realtime transcript, which is not perfect, but is pretty good. It is in English. It would be on the screen in the room. This is for Member States. It's just as if we are having an informal and inviting Member States in the room. We would have designated spokespersons for each group. That's something that we are prepared to do as of this morning and that was how we were trying to accommodate the situation, but, of course, we would like to work with the Member States for what, given our constraints you feel is the best arrangement. Thank you.
>> CHAIR: Thank you, Secretariat. Venezuela.
>> VENEZUELA: Thank you. We would like to thank the United States and Egypt for their support. We don't want to complicate your work, but we think we should try and have some correction to the work done here. What we don't want is that the work done in the small group is signed and sealed. We want the -- perhaps the work to be done here, but this is still an informal text, which is subject to approval. It can always be corrected and improved and amended. Thank you.
>> CHAIR: Thank you, Venezuela.
Are there any comments? Morocco.
>> MOROCCO: Thank you, sir. Can we stay in this room in order to follow the same plan that's followed in the Uchtenhagen room, namely the five regional representatives and the others can just follow because those who have come from capitals could follow so that they can really be on top of our work. Thank you.
>> CHAIR: Thank you. Colleagues, I do not want to allow our meeting to get stuck in this logistical arrangements. I think these are the issues that I have tried at every turn to address before the beginning of every session, and I take time to consult on these issues, and I believe the issue is resolved. I do not think that we should be reopening things that we have agreed to.
Now, in trying to -- in trying to accommodate delegations, yesterday we had an arrangement of coordinator plus five. The only difference is that yesterday we were very strict because the five -- or the five representatives from each group had to be one individual from a country, from a given country, other than having maybe one country having two or three or four persons. So we were quite strict on that.
If we follow that rule strictly, I can then suggest that we can even increase to one plus six, if that will help the coordination of various delegations.
That said, I think that we are still going to proceed in the format that we followed yesterday. And I have to report back that the -- the format that we used yesterday was very conducive and we had positive discussions and interaction and I think we need to continue on that. India?
>> INDIA: Thank you, Mr. Chairman. I thank you for the time for the plenary and the text in the informal. Our delegation was part of the informal consultations or the informal group discussing the draft text, how far, we also support the concerns raised by the distinguished delegates of Venezuela, Egypt and some others. Maybe the format was very strict that one individual from each country could be part of the drafting group, but for the transparency sake and this is the final stage of negotiation, we also think that there should be more coordination between the Geneva-based delegates and the experts who have come from the capital and in this strict format, sometimes we feel that there could be some gap.
So we also would like to have some flexibility of more participation from the Member States and also more than one delegation, if it is possible in this room or in any bigger room than Uchtenhagen. Thank you, Mr. Chairman.
>> CHAIR: Thank you. Japan.
>> JAPAN: Thank you, Mr. Chair. Japanese delegation shares the same concern expressed by Indian delegation, and the other delegations. I think as you mentioned, we need to think of efficiency but at the same time, we need much more transparency. And we don't think observing people, observing delegations or the staff -- sorry, limited one person per delegation, but I don't think the other member of the delegations who helps the head of the delegation will not disturb the discussion and we are not -- we are not going to make problems on the issues. So the Japanese delegation prefers much more bigger room and although the other staff -- not only one person, but the delegation, but also the other members of the delegation can be allowed to enter the room, and also the other members should be allowed to observe the discussion in any means. Thank you.
>> CHAIR: Thank you, colleagues. I take note of your comments, and concerns raised about our organisation of the consultations.
>> UNITED STATES OF AMERICA: Thank you, Mr. Chairman. We are certainly sympathetic to the concerns expressed by many delegations to ensure we have the right balance between efficiency and transparency. For our delegation, our experience over the years has been that for things to succeed, we need to have a face-to-face environment, where delegations can really talk to each other and no offense to the architect who designed this building, but this room is not particularly conducive to working out tough issues.
On the other hand, listening to what many delegations have said, perhaps the chair could recommend to us a schedule that allowed a meeting in the Uchtenhagen to be followed by time for capital experts and Geneva-based representatives to consult with one another so that perhaps there could be a hybrid model, not necessarily -- I don't think the complaints mentioned and the concerns raised by people are necessarily that we need to return to this room but this needs to be opportunity for consultation among full delegation and consultation between Geneva-based representative and capital experts and perhaps the chair could recommend to us a hybrid schedule that would permit a little more of that.
Thank you, Mr. Chair. Peru? Perruzza long that line, it would be useful to know what articles we are going to take up in the morning and the afternoon so that people can be prepared. Perhaps each delegation has an expert on a particular notion, I mean, we might take, ABC in the morning and then HJ or something. And I think that it would be better if we knew that, and especially if we are going to have such a small space. Thank you.
>> CHAIR: Thank you, Peru. I think that what we'll do is that we'll consult with Secretariat on the room in the new building, when it could be available so that we can then move and expand the group for informal consultations from Uchtenhagen to the bigger room, and that will be able to accommodate more people. But in the meantime, we will continue in Uchtenhagen until that room, the bigger room is available.
Now, Secretariat has informed us that this arrangement to have transcript in the -- in Room B strictly for Member States to follow the discussions in Uchtenhagen. So that provides, you know, member states the opportunity to follow the discussions.
Now, in terms of the issue raised by Peru, yesterday we had agreed in the informal consultations that we will go back to preamble, start with the preamble. There are two or three -- three provisions that we need to clean up, eighth, tenth and 12th. So those will be dealt with, particularly we are expecting some feedback from the African Group.
And then we will proceed with the definition clause. We have a lot of work to do on authorized entities. I think that in the last -- in the intercession, we assigned a few of our colleagues to work on this aspect. So we want to have feedback. And then we'll move to b-bis where we had assigned certain delegations to come back to us. So there are various areas that we had assigned delegations to come back with language and we want to revisit that language.
So, plenary will then meet again at 10:00 tomorrow to review the work that would have done in the informal setting. I will then now invite Secretariat to make announcements.
>> SECRETARIAT: Thank you very much. Two aof announcements, please, give us any comments on the list of participants so we can get the final list out by the end of this week.
The second is that we have two side events scheduled at lunchtime this week. One tomorrow, Wednesday, the other on Thursday. On Wednesday, we have a panel discussion on copyright and access to education that is arranged by the international center for trade and sustainable development. Several of your delegates will be participating in that. It will be held in Room B and then a light lunch will be served.
On Thursday, the negotiation of Nollywood producers in association with the international association of film producers associations will hold a panel discussion entitled Nollywood at the crossroads. There will be panelists involved in production of films in Nollywood and that event will take place in Room B also on Thursday. And also a light lunch will be available for that event at 1 p.m. Both of those events will take place in Room B Wednesday and Thursday. Thank you.
>> CHAIR: Thank you. European Union.
>> EUROPEAN UNION: Thank you, Mr. Chair. I would like to announce an EU at 2 p.m. It will be at 2 p.m. in Room B.
>> CHAIR: Thank you. Are there any announcements from regional coordinators?
None. So we will break into the informal setting in Uchtenhagen. The time now is about 10 to 11:00. So we will resume -- we will commence our discussions in Uchtenhagen at 11:00 and this plenary is adjourned until 10:00 tomorrow.
(end of plenary session)
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>> Chair: Good morning, colleagues, to the 25th session SI
would like from the outset to invite the Director General to give
his remarks. Director General?
>> Director General: Thank you very much, Mr. Chairman,
Distinguished Delegates, a very good morning to you all and
welcome to this session, 25th session of the Standing Committee
on Copyright and Related Rights. As you are all aware, at the
assemblies this year that took place in October at the assemblies
of the Member States, you, the Member States, reached a
breakthrough in the area of Copyright in general, in particular
in the area of improving access to published works on the part of
visually impaired persons and the print disabled. And that
breakthrough consisted of a road map that you established which
is hoped will get us to an outcome on this issue in June or July
next year. And the road map contained several steps, the first
of which was an intersessional meeting which took place a few
weeks ago at the end of October to work on the text that we hope
will constitute the basis of the new international instrument.
As you are all aware, a huge amount of work was put in by
all of the delegations to improving that text and to taking it
forward, but important issues remained outstanding at the end of
the intersessional consultations, very important issues remained
outstanding. Today and this week we have the next, the second of
three steps, the second step. And we hope that during the course
of this week you will be able to improve the text to such a point
that all Member States will be confident in the month of December
to be able to take a decision to convene a diplomatic conference
to conclude a new treaty on this issue in 2013 and at the end of
the first half of 2013.
We want, of course, a good new instrument and a good new
instrument, I believe, is one that will place the visually
impaired community and the print disabled in a better position
after the conclusion of the new instrument than they are at the
moment. And that, I think, should be our touchstone to insure
that we improve the situation of the visually impaired and the
print disabled.
Last week I had the privilege to attend the annual -- not
the annual, the quad reason yell assemblies of the World Blind
Union that took place in Bangkok.
And this issue, of course, was very much under discussion at
that meeting, and let me tell you that the expectations on the
part of the visually impaired community and the print disabled
are extremely high. And meeting those expectations depends only
upon you now at this stage. So I would make a plea to you to do
it this week, to be able to rise sufficiently above your national
positions to see the common good that can be achieved for the
international community through the conclusion of a new treaty in
this area and to see the improvement that you are able to
actually deliver for the visually impaired and the print
disabled. So I really make that plea to you. I can't
overemphasize the importance of the task that you have before you
this week to be able to demonstrate sufficient flexibility, to
see the international common good that can be achieved by your
work this week. And I think it will be something that will be
applauded and greeted with a great deal of enthusiasm all around
the world. But it will not happen unless you are able to
overcome your particular national positions and to reach a
compromise and to show flexibility and to deliver a good outcome.
So those are my words. And I really can only plead with you
to treat this task with the utmost importance. It is an
extremely important step for the visually impaired community and
the print disabled, first of all. It's an extremely important
step for Intellectual Property. It's an extremely important step
for the world World Intellectual Property Organization, and it is
an important step for multipropertyism. I wish you every success
with your task.
I don't forget that we have three other issues on the agenda
that require some consideration. I thank all the delegations for
the flexibility that they have shown so far in being able to
accommodate the needs that we have this week and to enable you to
focus on those by allotting extra time to this very important
issue of the visually impaired and the print disabled. So I
thank you for that flexibility at the outset.
I don't forget we have to discuss broadcasting organizations
where we are hoping to schedule a diplomatic conference in the
year 2014.
And the other important exceptions and limitations of
libraries and educational materials.
So thank you very much, Mr. Chairman, for the opportunity to
say a few words.
>> CHAIR: Thank you, Director General for the remarks and
of course for taking time to be with us in in committee.
My opening remarks are basically to reemphasize the points
that the Director General has already raised.
The committee will continue to work on the basis of the
mandate of the General Assembly. As you all know, this meeting
is particularly crucial step in the road map towards completing
the agenda item on limitations and exceptions for visually
impaired and print disabled persons. Delegations must work
constructively together over the next five days to achieve this
You have my personal commitment that I will do everything
possible to assist you in this important work.
As time is short, I propose to get to work immediately.
First I want to announce the updated schedule of this meeting.
This morning, taking into account the fact that this is the last
committee meeting before the extraordinary General Assembly which
will be held on December 17th and 18th to be followed by the
preparatory committee, regional coordinators expressed their
willingness to devote more time to the issue of limitations and
exceptions for visually impaired persons, persons with print
disabilities while addressing other topics, of course, on the
agenda on the equal basis, but of course taking into account the
level of maturity.
At this juncture, we'll ask the Secretariat to just go
through how we have arranged our schedule of work for this week.
>> Secretariat: Thank You, Chair. We have agreed that this
week we will spend the first three days, Monday, Tuesday and
Wednesday, discussing exceptions and limitations for visually
impaired persons or print disabled persons. We will then spend
Thursday in the morning talking about the proposed treaty for
broadcasting organizations. The afternoon will be devoted to a
discussion of other limitations and exceptions that will include
time on both libraries and archives and education and research
institutions and other persons with disabilities.
The schedule for Friday morning eye or for Friday will be
the same as that that was posted on the tentative proposed
agenda, that is the morning will be left for whichever topic that
we discussed earlier in the week needs additional time and
attention, and the afternoon will be devoted to the conclusions
of the meeting. Thank you.
>> CHAIR: Thank you, Secretariat.
I just need to also mention that we should -- delegations
should prepare and be ready to work until 9:00 p.m. every day if
My note to the procedural agenda items, starting with item
2, adoption of the agenda of this session. The draft agenda for
the meeting is in document SCCR/25/1. And a draft annotated
agenda has been available for delegations for some weeks now. It
should be noted that item 8, limitations on exceptions for
educational research institutions, should also include persons
with other disabilities. The final agenda should therefor
reflect this correction.
The committee is now invited to adopt the agenda. South
>> SOUTH AFRICA: Thanks, Chair. My delegation would like
to raise a few issues with regards to what the Secretariat has
already stated, and that is to recall we are going to spend three
days on VIP, the first two days and half a day on broadcasting
and half a day on other exceptions and limitations.
As much as we will not block consensus on this issue, but
wanted to be put on record that it is a concern to us that the
SCCR has -- we have a mandate that said all issues are going to
be treated equally. And specifically that the Director General
has already mentioned that on the broadcasting issue, we are
working towards having a diplomatic conference in 2014. So to my
delegation, spending half a day on broadcasting doesn't really
show commitment to this particular issue and to other exceptions
and limitations. And as much as the SCCR has prioritized a
VIP issue, we don't have a problem with that; but we expected
that in this session we'll devote enough time to discuss other
issues, as well. Meaning that we'll go to have a balance between
broadcasting, other exceptions and limitations and the VIP.
So I'd like this to be put on record that my delegation is
concerned that you are spending so little time on broadcasting,
taking into account the fact that you also brought in experts
from capital to come and advance work on broadcasting and other
exceptions and limitations, as well. So spending three hours
only on broadcasting and spending three hours only on exceptions
and limitations really is a concern to us and we'd like this to
be put on record. Thanks.
>> CHAIR: Thank you, South Africa. We take note of your
point. U.S.?
>> United States: Thank you, Mr. Chair, the United States
certainly supports the chairman's suggestion on the schedule
vis-a-vis the remarks of our distinguished colleague from South
Africa. We would like to an sure our colleague from South Africa
that we, too, are prepared to have longer discussions on the
broadcast treaty, but perhaps we can profitably do this week is
have small groups, including the experts they have brought from
capital, talk to others who have come who are experts. A lot of
useful discussion can be done outside the three hours or outside
the half day we would put on this.
We just want to assure our colleague from South Africa that
we are prepared to work quite a bit within this week informally
and within other delegations who are interested in sitting down
and discussing the broadcast treaty. Thank you, Mr. Chair.
>> CHAIR: Thank you. Shall I take it that we may adopt the
agenda? Agenda is adopted.
Item 3, accreditation of new NonGovernmental Organizations.
There are no new requests for accreditations, so we may move to
agenda item 4, which is the adoption of the report of the 24th
session of the Standing Committee on Copyright and Related
Rights. The committee is invited to approve a draft report
SCCR/24/12. This document is only available in English, and
translations are under preparation but will not be available this
week. Delegations are therefore invited to send any comments or
correction on the English version available on the Web to
Copyright.mail @WIPO.nt. Comments, corrections should be sent to
the Secretariat by Friday November 23rd, Friday, November 23rd.
Shall we approve the report? So approved.
May I now invite Secretariat to make some housekeeping
announcements before I invite general statements?
>> Secretariat: Thank you, Mr. Chair, at this time the
Secretariat only has one announcement which is with regard to the
provisional draft list of participants. That list is available
outside the room, and we ask you to please submit any updates and
corrections to the Secretariat this week by Wednesday so that we
can publish a final list by the end of the week.
Of course we will add the additional information about
people who have signed up during the week, but if there are
corrections to the text that's available now, please let us know.
Thank you.
>> CHAIR: Thank you. This morning, I did have
consultations with regional coordinators, and we had reached
agreement that we restrict general statements to regional
coordinators. So I would invite regional coordinators to make
their statements. The floor is open. Belgium?
>> BELGIUM: Mr. Chair. Group B would like to thank you and
the WIPO Secretariat for the work to carry out this 25th session
of the committee. The issues on the agenda are very important
for us and we therefore look forward to progress.
Mr. Chair, at the outset, we want to provide the following
remarks. With regard to the proposal for an international
instrument on limitations or exceptions to visually impaired
persons, we have actively engaged in extensive discussions at the
last session of this committee and during the recent
intersessional meeting. We remain engaged to continue the
discussions in a constructive manner. The specific problems of
visually impaired persons require specific solutions, mindful
also of the need to have effective protection of the rights of
creators. It is important for all delegations to recognize that
this week will determine many of us can return in December with
positive instructions from our capitals to agree to a diplomatic
conference in 2013. We must all work together to identify the
key concerns of different delegations and stakeholders then craft
compromises that meet those key concerns. We will need a lot of
hard work, creativity and compromise from all sides to complete
the work we must finish to move toward a diplomatic conference in
Group B also hopes that substantial progress will be made on
the protection of broadcasting organizations. This issue has
been the subject of intensive work in previous sessions of this
committee we're pleased to have agreed to text in July 2012. The
objective is to further in line the work in order to make a
recommendations to the WIPO General Assembly of 2013 on the
possible scheduling of a diplomatic conference in 2014 --
finally, Group B will continue to participate actively in the
discussions we have started on the limitations and exceptions for
archives and libraries as well as if ones on educational and
research institutions. Here our main aim is to foster an
exchange much ideas. We also note that some exceptions and
limitations to Copyright are already adequately addressed under
existing international conventions.
Mr. Chair, I also would like to make an additional comment
again for the sake of efficiency we agreed that only Regional
Coordinators would make a statement, we'll do so, but we also
take note of the fact that some of the members of our group will
probably provide written statement that should be annexed to the
report. Thank you.
>> CHAIR: Thank you. Egypt?
>> Egypt: Thank you, Mr. Chairman. Egypt is pleased to
make the statement on been half of the African group. The
African group welcomes the SCCR 2013 work plan according to which
WIPO Member States will continue their collected efforts towards
concluding a treaty for exceptions of visually -- persons. To be
recommended 2013 to the General Assembly and for educational
institutions to be recommended by SCCR to the 2013 General
Assembly. This work plan has integral part of it efforts and
commitment by all Member States to hold a conference in
protection much broadcasting organizations by 2014, as well. The
African group attaches great importance to the VIP negotiations
and looks forward for a successful outcome.
As we know, the WHO estimates that 90 percent of the world's
blind people live in developing countries, including 7 million
persons in Africa. And the estimated numbers of persons visually
including blind people and low vision is 20 million people. The
comparable number in Middle East is 17 million people. The
exceptions for limitations of visually impaired persons are
important for Africa and the Middle East and more importantly
should be relevant to them and should address the needs and
The Standing Committee on Copyright and Related Rights
intersessional meeting held on 17-19 October managed to make
progress, for example, regarding the definition of the works and
persons and the rights to translation. However additional
progress needs to be made in order to achieve convergence and to
overcome outstanding significant issues to reach an outcome that
would allow WIPO extraordinary General Assembly schedule in
December to decide on diplomatic conference to conclude a
VIP treaty in 2013.
There are however key policy questions that need to be
resolved in order to pave the way for further progress. They
include, for example, the following:
Defining the nature of the authorized entities, what actions
they would be permitted to conduct on what obligations they would
be required to assume. In this regard, special attention should
be accorded to provide entities in developing countries which may
lack the resources and capacities to assume overly strict
administrative rules and procedures or act as enforcement
Secondly, the trigger for developing countries to exercise
the exceptions and limitations permitted under the treaty should
reflect reasonable price and -- prevailing in developing
Thirdly the exceptions and limitations permitted under the
treaty would not be impeded or negated buy other -- such as
DPM or contract law or create new obligations regarding sovereign
discretion by Member States regarding how governments
create other exceptions and limitations to address public
interest needs nationally.
Accordingly, it is critical that the approaching resources
be considered under the Berne Convention consistent with the
tests specifically fair use and fair dealing, whether in place of
or in addition to specific limitations and exceptions in national
Mr. Chairman, one of the primary goals of the Copyright
system is the dissemination of creative works to enhance the
public Welfare -- has never been an end to itself and
increasingly technological developments have strained the
capacity of Copyright law to constrain the ways in which the
public access creative work while some important doctrine shifts
have occurred in the U.S. and EU, these efforts have yet to be
reconciled with the international Copyright system, in particular
new compromises that facilitate access to material and scientific
research reflect the demands that developing countries have been
making since the conclusion of the Paris convention to the Berne
African countries need access to educational materials and
resources in order to ensure development of human resources as
well as their overall cultural, social and economic development.
With regard to the national Copyright system should reflect in
historical focus on access to education and which remains
critical to the development priorities of African countries. A
minimum standard the national harmonization for exceptions and
limitations, educational research institutions will both reduce
the -- for rightsholders who are vulnerable to increasing threats
of capacity licensing combined with new technological disruptions
of access controls while accomplishing the interest of African
governments to ensure a robust educational environment to support
Mr. Chairman, in this regard, SCCR 25 is also expected to
advance the discussions achieved regarding exceptions for
libraries, archives, educational institutions and people with
other disabilities. The group looks forward that the limited
time allocated to libraries and archives is devoted to
substantive text-based discussions of the proposed text contained
in SCCR/22/8 rather than on the sequence of the clusters national
experiences with a view to fulfilling the 2012 GE decision.
In this regard, the group looks forward to engaging
constructively on this important issues in order to assist
libraries and archives to continue their crucial role as
custodian much human knowledge and indispensable platforms to
facilitate access to information and materials for also sites and
communities. The group also emphasizes the importance that the
committee should advance text-based negotiations, decision on
broadcasting organisation in order to be able to adopt a treaty
or the protecting of broadcasting organizations for the
conference in 2014. The group would also support an
intersessional meeting for the broadcasting issues to be held
before the next SCCR session.
In conclusion, Mr. Chairman, important juncture in the work
of SCra., the African group would like to provide the guiding
principles that have served the committee well in the past. To
work with WIPO agenda recommendations following a global,
transparent and inclusive approach and equal treatment for all
exceptions and limitations and acknowledging needs and priorities
of developing countries for cultural, social and economic
development. The group strongly believes that SCCR should remain
committed to these important principles to all issues on the
agenda so as to further our common objective for an international
Copyright system that is balanced, capable much incentivizing
creativity in developing countries. Thank you, Mr. Chairman.
>> CHAIR: Thank you, Egypt. Before I give the floor to
Peru, I just want to emphasize two points. One is that I've
invited statements from regional coordinators. However, those
delegations that wish to make statements may, you know, decide to
send in their written statements. And they will be reflected in
the report. And, further, that we will at an appropriate time
provide an opportunity to end your statements during the course
of the meeting. Peru?
>> Peru: Thank you, Mr. Chairman. GRULAC hopes that the
spirit and enthusiasm, the flexibility and commitment of
delegations seen in the Beijing conference will be evident here
in this meeting of the SCCR. so that in conformity with the
mandate of the assembly, we can get a conclusion on a text for
visually disabled persons and people with a print disability. It
is vitally important that we get such a text.
Aware of the aid this would provide to millions of poor
women and children and men worldwide with visual discapacity, the
deBates on this issue should enable us to end up with something
inclusive, which is helpful for people with disabilities in all
states, and therefore for GRULAC, it's also very important that
we continue with work on updating the rights relating to
broadcasting organizations. We know that this is an issue that
has continued to be discussed in this committee. And the issue
of archives also needs further investigation and research.
Mr. Chairman, GRULAC participated and will continue to
participate actively in the work of this committee. On the issue
of limitations much exceptions of visually impaired persons and
persons with print disabilities. We will continue to work this
until we get a solution to this and also on the broadcasting
issue. Thank you very much.
>> CHAIR: Thank you, Peru. I give the floor to Sri Lanka
to be followed by Hungary.
>> Sri Lanka: Thank you, Mr. Chairman. This intervention
will be in order to give more time toward substantive work, I
take the floor on behalf of the Asian group. Before we start our
work, Mr. Chairman, the group would like to express our continued
confidence in your able stewardship in steering our discussions,
and we would like to thank the Secretariat for their commendable
efforts in organising our work for the coming week.
Our group would like to also take this opportunity to
express our thanks towards the words blind union for their
valuable contributions toward these discussions.
Mr. Chairman, the Asian group, as every other group and
individual present in this room, affords the utmost importance
towards the work set before us during the next few days and
possibly nights and we recognize that the outcome of this meeting
will be of utmost importance for visually impaired persons and
persons with print disabilities around the world. The group
recognizes that a sufficient amount of our time this week will be
devoted toward the deliberations on the text on limitations and
exceptions for visually impaired persons and persons with print
disabilities and then towards protection of broadcasting
organizations, limitations and exceptions for libraries and
archives and limitations and exceptions for educational and
research institutions and the group remains committed to these
Mr. Chairman, the group notes that we are entering what we
could call the final phase on the VIP text and the group feels
that it is critical fnot essential at this juncture, that we
maintain complete transparency in our deliberations within
plenary or at informals. While the group understands that during
the coming week there will be need for informal discussions to
take place with a limited number of delegations, we fell that it
is imperative that all Member States can follow these informal
discussions. The Asian group is confident that all members will
contribute constructively with a have you of further progressing
the work at hand.
Mr. Chairman, the group recognizes that constructive
engagement, consensus building and good faith will be key in the
coming days. And we remain committed toward that deliberations
and look to your able guidance to take us forward. Thank you.
>> CHAIR: Hungary to be followed by China.
>> Hungary: Thank you, Mr. Chairman. Hungary, on behalf of
the regional group of central European and Baltic states would
like to welcome you back as the Chair of the SCCR as well as your
able Vice Chair.
We would like to thank for your personal engagement and to
move forward efficiently on all issues on the agenda of the
Standing Committee. We like to thank the Director General for
his inspiring opening remarks. Our group assigns high importance
to all items to be discussed in the course of this week but we
attach particular progress towards the work of international
instrument for people with print disabilities regarding the work
of the protecting of broadcasting organizations.
As to the -- for visually impaired persons, you are group
ambitious approved at the General Assembly in October. As a
first step toward the realisation of that plan, our group with
others have engaged actively and with interest in the intensive
negotiations during the intersessional meetings. In our view
although we have achieved some progress and further clarified
positions, we have to redouble our efforts if we want to be in a
position to recommend to the General Assembly to convene a
diplomatic conference in 2013. We believe that our work in this
final phase should concentrate on bridging the gaps by respecting
each other's positions.
In our deliberations, we should keep in mind that our common
aim is to get a balanced, workable and safe system that would
improve the published works for persons who are visually impaired
or print disabled and at the same time respect the right much
right holders and enable the effective control of the
distribution of the works.
We have a duty to develop a system that is in a complete
harmony with existing international Copyright framework and could
be easily implemented in national Copyright laws. And in that
sense, not prevent contracting parties from using other methods
and exceptions and limitations to provide access to works for the
benefits of visually impaired persons.
Mr. Chairman, our regional group considers that insuring
adequate protection at the international level for broadcasting
organisation is highly needed and an updating for the 21st
Century is long overdue. For this reason, we would like to
welcome the important progress made at the SCCR in July and ask
for a positive and intensified engagement much all delegations to
further improve the single text and this session with the
objective of reaching a decision to convene a diplomatic
conference on the protection of broadcasting organizations in
The successful outcome of the diplomatic conference of the
protection of audiovisual performances is a good example that
establishing harmonized level of protection at the international
level is still achievable.
Finally with regard to exceptions and limitations in favor
of libraries, archives, educational and research institutions, we
believe that in the current international Copyright framework,
the appropriate means are already provided for these institutions
to fulfill both their roles both in the analog and digital world;
however, we remain open to further beneficial range of views and
international experiences and ready to engage in discussions to
better understand the concerns raised by some delegations.
Mr. Chairman, we are confident that under your strong
leadership, we will be able to arrive at the positive outcome
this we can, and let me assure you that throughout this session
you can count on the constructive spirit and support of all
delegation this is our group in your efforts to reach that goal.
Thank you.
>> CHAIR: Thank you, Hungary. China?
>> China: Mr. Chairman, thank you. The Chinese Delegation
would like to thank you and also to thank the Secretariat for the
efficient and constructive work and the efforts that they have
made in this area. We'd like to thank you and to thank the
Secretariat for those effort.
The Chinese Delegation approves the adoption of this
session's agenda, and we express the hope that we will achieve
concrete results.
With regard to the issue of limitations and exceptions of
visually impaired persons, persons with print disabilities, we
believe that we have achieved results and we would like to be
active in our participation in this issue. We would like to say
that on the basis of preliminary comments on technical issues,
we'd like to keep the option open to come back with more specific
points. We'd like to see a spirit of cooperation and working
positively towards this end. We would like the room to consider
some of the issues that have remained pending so that we will be
able to make substantive progress this time. Thank you,
Mr. Chairman.
>> CHAIR: Thank you, China. Brazil, your request is for
the floor.
>> BRAZIL: Thank you, Mr. Chairman. I have the honour to
deliver the statements on behalf of the developing agenda group.
First we'd like to thank the Director General Gurry for his
encouraged words at the beginning of the session. We also
reiterate our trust in your able stewardship of this committee
and the commitment of our group to work constructively on the
issues to be discussed during the session. I would also like to
congratulate the Secretariat of WIPO for preparing the relevant
documentation and for organising the meeting.
Mr. Chairman, Member States have decided the last session of
the General Assembly in October to expedite the work on
limitations and exception this is the area of Copyright. And for
that end, the GA adopted a clear calendar for all limitations and
exceptions comprised the work programme. We respect limitations
and exceptions in favor of visually impaired persons. The
SCCR has the objective, over the corpse of this session, to
further define if working text on the remaining issues. The
outcome of this work will be submitted to the General Assembly
which will hold an extraordinary meeting in December to evaluate
the text from SCCR 25 and to make a decision on whether to
convene a diplomatic conference in 2013.
We urge Member States to work constructively during the
sessions with the same spirit of cooperation and commitment that
prevailed in Beijing in order to pave the way for the adoption of
a treaty in favor of visually impaired persons in the year 2013.
As regards limitations and exceptions for libraries and
archives, education and research institutions, and persons with
other disabilities, we affirm the importance of moving for ward
on the basis of text-based work in a global and inclusive
approach taking into account the equal importance of our work
programme areas. The document provides that the work being
carried out under the work programme will develop not only
developing countries but the whole WIPO membership as its base of
an could you tell rements shared by important segments much our
societies. Mr. Chairman, the DAG also recommends the protection
of a treaty on the protection of broadcasting organizations. We
hope discussions will take place during this session to be
effective and productive T.
Will continue to guide all -- activities under the areas of
competence of this committee. This is a long lesson contribute
the SCCR can give to the implementation of the developing agenda
recommendations. I thank you.
>> CHAIR: Thank you. European Union?
>> EUROPEAN UNIONThank you, Mr. Chair. And I will speak to
the issue of limitations and exceptions for visually impaired
persons only.
Mr. Chairman, the European Union and its Member States would
like to thank you and the WIPO Secretariat for the work on
exceptions and limitations for visually impaired and print
disabled persons.
Mr. Chairman, in the last year we make considerable progress
to find solution to this very specific problem with a very
specific objective: To remove barriers which prevent the access
of the visually impaired persons to books and access work formats
including by helping the secure monitor the across border of
accessible formats.
At the last session of this committee we had extensive
discussions on the proposal for international instrument on
limitations and exceptions based on the comments made by the
delegations original groups during the debate tSecretariat
prepared the working document SCCR/24/9. The European Union and
its Member States actively engage in the work of the
intersessional meeting organized by WIPO in October. We have
found these discussions very useful as they helped to achieve a
better understanding of the positions of the delegations and
regional groups we have look forward to continuing their
discussion this is a constructive manner.
Our objectives for the 25th session of the SCCR for this
item are to concentrate the negotiations on the specific needs of
visually impaired and print-disabled persons and to achieve a
strong convergence of views on the solutions that we need to
deliver. We need to advance as much as possible on the text,
only a balanced approach will allow the Standing Committee to
recommend that the General Assembly convenes a diplomatic
conference in 2013.
Our goal is clear. We want to ensure that visually impaired
and print disabled persons anywhere in the world have the same
access to books than any other person. We believe this goal we
can reach if we stay on course and target these programmes we
have set ourselves to address while being mindful of the need to
have effective protection of the rights of creators.
Mr. Chairman, the EU and its Member States are now also in
the position to negotiate the conclusion of an instrument
including a binding treaty. Recall the political commitments of
print disabled persons in a balanced manner that does not -- the
issues of international Copyright framework. Thank you.
>> CHAIR: Thank you for the statements that have been given
today. They have been taken note of and will be reflected in the
As I indicated, those delegations that wish to send in
written statements may do so. And they will be reflected, as
We may now move to agenda item 5, limitations and exceptions
for visually impaired persons, persons with print disabilities.
As indicated buy the Director General, the mandate received by
the General Assembly is to continue text-based discussions with
the objective of concluding or substantially advancing the work
on this text at this meeting.
In this regard, you will recall that the committee did
advance the text during the intersessional meeting of
October 17th-19th and that work is reflected in the revised
working document on an international instrument on limitations
and exceptions for visually impaired persons, persons with print
disabilities working text dated October 19, 2012. This text has
been available on the website.
I now invite this committee to adopt this document so that
it becomes our working text moving forward. Shall we adopt this
document? The document is adopted. (gavel).
Now, I did hold consultations this morning with Regional
Coordinators on how we may advance our negotiations on the text.
It was made very clear to me that there has to be a balance
between efficiency and transparency and inclusiveness. And in
this regard, I propose that in order to accommodate efficiency,
to achieve efficiency, that we will work in a smaller
configuration of coordinator plus five but also to accommodate
the issue of transparency and inclusiveness, we will always start
our sessions, morning sessions with a plenary session in order to
present the group that is coming from the small group discussion
so that all delegations can follow what discussions are
So at this juncture, I would adjourn the plenary in order to
convene a small group consultation of coordinator plus five.
In the consultations of this morning, we had intended to
have the meeting in the new building, unfortunately, that room
that we had in mind is not available until after 6:30:00 p.m. So
we will move to the Uchtagen, because that is the only one that
is available at the moment. So I would suggest that we adjourn
now and we convene in Uchtenhagen at 11. That's five minutes
from now. Plenary's adjourned.
(microphone testing).
>> CHAIR: Colleagues, there's some housekeeping
arrangements. I think we need to do one thing first because we
won't be able to start this meeting. I propose that we
firstly -- the room. And then the coordinators will come in with
their five because if we don't do that, we will not be able to
start. So shall we please clear the room? And then the
coordinators will come in with their five. Please do not come in
with more than five.
Colleagues, let's clear the room and then have the one plus
five. Each coordinator must confirm which are the five.
Could we do this expeditiously, please?
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