SCCR28: Opening statement of the Asia Pacific Group

On Monday, 30 June 2014, Bangladesh, on behalf of the Asia Pacific Group, delivered its opening statement at SCCR 29. The Asia Pacific Group includes such nations as Bangladesh, India, Indonesia, Iran, Malaysia, Pakistan, Republic of Korea, Singapore, Sri Lanka and Thailand. On limitations and exceptions, the Asia Pacific Group proposed the an innovative model to move discussions forward:

To achieve this Mr. Chairman, the Committee may consider appointing facilitators or friends of chair to develop working text for the exceptions and limitations from the documents at hand like other committees of WIPO. And to ensure access to educational and information materials and to guarantee sustainable rational access to copyrighted works by the persons in real need of assistance, we require development of a comprehensive and inclusive framework on exceptions and limitations for libraries and archives, educational and research institutions and for persons with other disabilities. We believe that new international instruments would be the viable options towards ensuring these valuable objectives.

Here is the full text of the intervention.

Thank you Mr. Chairman

Good morning dear colleagues.

Mr. Chairman,

I have the honour to deliver this statement on behalf of the Asia and the Pacific group.

Mr. Chairman,

The Members of the Asia and the Pacific group are very happy for your continued leadership and guidance at the SCCR. All of us have been immensely benefitted by your efforts and wisdom and we are confident that you would carry us through to another successful session of this important committee. We further take this opportunity to thank the Secretariat for all the logistics provided and the documents prepared. We also thank the Director General for his introductory remarks.

Mr. Chairman,

At present, at SCCR, we are engaged with mainly three very important issues. First, protection of the broadcasting organizations, second, limitations and exceptions for the libraries and archives and third, exceptions and limitations for educational and research institutions and for persons with other disabilities. Our group considers all three issues to be of same importance though they may enjoy different levels of maturity of discussion in the Committee. First for broadcasting, our group is willing to work constructively to finalize the discussions on the protection of the broadcasting organizations. For the other two issues, in fact, for most of the countries of our group, the exceptions and limitations are of extremely importance as far as the question of national development is concerned. Based on the spirit of Beijing and Marrakech, we hope that we will be able to reach development of appropriate international instruments on all three issues soon.

Mr. Chairman,

Regarding the proposed WIPO treaty on protection of broadcasting organizations, the Members of our group reaffirms their commitment to the signal based approach towards developing an international treaty for the protection of broadcasting organizations as per the 2007 General Assembly mandate which was agreed during the 22nd session of the SCCR. We thank all the regional groups and Member delegations for the textual and conceptual contributions and welcome their proposals. We hope that all the proposals of our group Members, as per example proposal from India, will receive proper attention from the Committee. Development of technology is occurring very fast and based on the working documents, different proposals and our discussion during the SCCR 27, we are hopeful to continue meaningful technical consultations to settle the outstanding issues in finalization of the scope of protection for broadcasting organizations and advance further to a balanced international instrument of rights and responsibility for the broadcasting organizations.

Mr. Chairman,

As I have mentioned earlier, the exceptions and limitations for libraries, archives, educational and research institutions and for disabled persons are extremely crucial for the Members of our group. The limitations and exceptions are integral parts of a more balanced and efficient international copyright system for the benefit of right holders as well as for the society. Due to lack of resources to meet individual needs and the prevalent digital divide, libraries, archives and other educational and research institutions are the only means to impart education and to preserve history for the Members of our group. So when we discuss and decide about IP rights and protection for libraries, archives and other educational and research institutions, the issue of development should be the key consideration. The advancement of science and digital technology had quite transformed the mode and means of information but not all the countries are benefitting from this development in the same way. Our group is the home to the largest number of disabled persons in the world and they are our common responsibility. So our group expects to find effective and expeditious solutions to all the topics and outstanding issues regarding these exceptions and limitations at the earliest in the SCCR. To achieve this Mr. Chairman, the Committee may consider appointing facilitators or friends of chair to develop working text for the exceptions and limitations from the documents at hand like other committees of WIPO. And to ensure access to educational and information materials and to guarantee sustainable rational access to copyrighted works by the persons in real need of assistance, we require development of a comprehensive and inclusive framework on exceptions and limitations for libraries and archives, educational and research institutions and for persons with other disabilities. We believe that new international instruments would be the viable options towards ensuring these valuable objectives.

Mr. Chairman,

Any future international legal instrument should cater to the principles of human rights, development, freedom and social and human security especially when we are discussing and developing the post-2015 development agenda for all. We consider that if all of us are serious and flexible, the current texts, suggestions and discussions will provide ample of opportunity to develop balanced international instruments which will serve the purpose of both the right-holders and the consumers. The Members of the Asia and the Pacific group will remain constructively engaged in all future negotiations and like all previous sessions, we assure you our all-out support in carrying out your responsibilities in this Committee Mr. Chairman. Our Members will intervene individually on different agenda items as and when required.

Before I conclude, we would like to thank Uruguay for all its efforts on behalf of GRULAC and we welcome Paraguay as the new coordinator.

Thanking you once again.