[A2k] SCCR33: Opening Statement delivered by India on behalf of the Asia Pacific Group

Thiru Balasubramaniam thiru at keionline.org
Mon Nov 14 02:27:46 PST 2016


*Opening Statement by India on behalf of the Asia and the Pacific Group at
33rd Session of the of the Standing Committee on Copyright and Related
Rights, delivered by Dr. Sumit Seth(Economic Affairs) on 14 November 2016*

*-- *
*Mr. Chair,*
India has the honor to deliver the Opening Statement on behalf of the Asia
and the Pacific Group in this 33rd Session of the Standing Committee on
Copyright and Related Rights.
Asia & the Pacific Group would like to express its confidence in your
experience and your leadership skills. We are confident that 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. Chair,*
The SCCR is an important committee of WIPO dealing with three issues of
critical importance to member states, namely protection of broadcasting
organizations; limitations and exceptions for libraries and archives; and
limitations and exceptions for educational and research institutions and
for persons with other disabilities.
These three issues are of great importance to our group. Going by the
discussions in this committee since its 27th session, it would not be wrong
to say that we are facing difficulty in finding agreement on how to
continue our work on each of the three important agenda items. We believe,
in order to further our work, we have to refer to the 2012 General Assembly
guidance to the SCCR on the work plan on the three issues.

*Mr. Chair,*
Our group believes that these issues have not received the equal level of
commitment and understanding proportionate to their importance based on the
differential socio-economic development of the Member States.
In this spirit of multilateralism, Asia and the Pacific Group reaffirms its
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 program of work.

*Mr. Chair,*
Determining whether and how intellectual property rights should apply with
respect to broadcasting is a developmental issue that requires careful
balancing. Members of the group would like to see the finalization of a
balanced treaty on the protection of broadcasting organizations, based on
the mandate of the 2007 WIPO General Assembly to provide protection on the
signal based approach for cablecasting and broadcasting organizations in
the traditional sense.

*Mr. Chair,*
For our Group, exceptions and limitations are of critical importance.
Application of copyright system should be balanced, it should take into
account commercial interests in copyright and right holders, and equally
important, it should also take into account other competing interests in
copyright, including the public interest in scientific, cultural, social
progress and promoting competition.
Exceptions and limitations have an important role to play in the attainment
of the right to education and the access to knowledge, actualization of
which in many developing countries is hampered due to lack of access to
relevant educational and research material.
However, there is no denying the fact that some divergence on how
exceptions and limitations should be approached exists among member states.
It is unfortunate that absence of adequate will to discuss and develop the
two exceptions and limitations before this committee has resulted in a
stalemate on the work of this committee.
We hope that all member states shall engage constructively in this session
on these two issues based on previous discussions and new inputs so that we
are able to develop a mature text to discuss and work on

*Mr. Chair*
Asia and the Pacific Group has taken note of the proposal submitted by the
GRULAC in the 31st 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 proactively participate
in the discussion on this contemporary topic.

*Mr. Chair*
This is the same committee which has given us the Beijing and the Marrakesh
Treaties. My group is optimistic that with the noble intentions and the
right will we can pave the path for the development of appropriate
international instruments on all three issues.
We look forward to productive results and tangible progress in this session
I thank you once again Mr. Chair for the opportunity.

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