[A2k] WIPO General Assembly 2014: Opening statement of the African Group

Thiru Balasubramaniam thiru at keionline.org
Tue Sep 23 03:09:13 PDT 2014


WIPO General Assembly 2014: Opening statement of the African Group

Submitted by thiru <http://keionline.org/user/6> on 23. September 2014 -
12:05

On Monday, 22 September 2014, Kenya, on behalf of the African Group,
delivered this opening statement. On normative matters, the African Group
expressed the following views regarding the work of the SCCR:

With regard to the Standing Committee on Copyright and Related Rights
(SCCR), the Group would like to state that it has always been supportive of
the proposed treaty for the protection of broadcasting organizations as per
the 2007 General Assembly mandate. This commitment has not changed. In
addition, in relation to exceptions and limitations for libraries and
archives and education and research, the Group has made substantive
proposals in various topics and has been working with other proponents of
text to come up with consolidated text. It is important to note that during
the last SCCR, Brazil on behalf of the proponents of texts announced the
finalization of the consolidation process with regard to all topics under
the libraries and archives. This initiative has gone a long way in bringing
the texts to the desired maturity to enable this Assembly take a decision
to convene a diplomatic conference to adopt the treaty on exception and
limitations for libraries and archives. While a lot remains to be done in
the area of education and research, with political will, the text in this
area can also be brought to maturity fairly quickly to enable the General
Assembly in 2015 to take a decision to convene a diplomatic conference by
2016.

On the work of the IGC, the African Group noted:

With regard to the work of Intergovernmental Committee on Genetic
Resources, Traditional Knowledge and Folklore (IGC), the Group believes
that time has come for this Assembly to make the decision to convene a
diplomatic conference to adopt a legally binding instrument(s) for the
effective protection of Genetic Resources, Traditional Knowledge and
Traditional Cultural Expressions. A lot of progress has been achieved
during the year to enable this Assembly to convene a diplomatic conference
in 2015. We note that the mandate of IGC ends in 2015 and therefore the
decision to convene the diplomatic conference has to be taken during this
session.

With respect the disclosure requirements of the proposed Design Law Treaty
in relation to the registration of traditional designs and traditional
cultural expressions, the African Group stated,

Another critical element in the proposed Design Law Treaty which is
important to the Group is the issue of the registration of traditional
designs and traditional cultural expressions. We note Article 3 of the
draft articles of proposed Design Law Treaty provides a closed list of
requirements which can be requested by parties to the treaty.

With developed countries seeking extensive exceptions and limitations in
Traditional Knowledge, Traditional Cultural Expressions, and Genetic
Resources negotiations, it would be impossible for some of the provisions
to be implemented especially in regard to disclosure requirements if the
Design Law Treaty is implemented before the IGC process is finalized.


For the full text of the opening statement of the African Group, please see
the following link:  http://keionline.org/node/2088



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