SCCR 31 Chair’s proposal for future work and conclusions

The Chair proposed an intersessional on broadcasting and regional meetings regarding Libraries and Archives. This was supported by Asia, Grulac and Africa (but Africa wanted to include education and research institution) and rejected by Group B. The decision will be made at the next SCCR, SCCR 32 possibly May 9-13 2016.

Now, we are waiting for the Chair’s conclusion. Some say are anxious, and we’re waiting for “white smoke” since last week’s Standing Committee on the Law of Patents (SCP) did not reach consensus on future work and conclusion. The SCP concluded at around 11:30pm without consensus future work program.


> CHAIR: […]The future work plan of the Committee is a decision that should be taken by the Committee itself. In that regard, what I can do is just to make some suggestions in order to help you to reach an understanding on how to decide the future work to be undertaken. This need has increased because in this session we have seen how interesting topics have been addressed and have indicated as topics as this Committee could dedicate some time to analyze. Since you relies at the time that we need to have productive sessions on the topics that are currently in the Agenda and we should maybe bear in mind that the task could become harder due to the new suggestions regarding some important topics for sure, and some legitimate proposals to discuss them. It will be impossible to have a session of the SCCR discussing 5, 6, 7 or 8 topics. In consequence, I had an idea that I shared initially with the Regional Coordinators and I am requesting to share with you and I’m sure that you are aware if you’re a Regional Coordinator, it was not the whole work plan but some helpful step or tool that could be used in order to administrate more efficiently the time and the challenges that these requests are being made not only to get deep in the discussion of the current topics on the Agenda but to dead gate some time for the suggestions that are coming.

>> The tool I found interesting to analyze is an invitation to think that the two topics, the first two topics on the Agenda, which, of course, have at this point — has been treated for — in so many sessions, and that they have a long road until now that we could think the chance to give as a complimentary measure more time to think about those topics, the contents of those topics. One way to do so would be regarding the topic of broadcasting, the protest of broadcasting organizations, to decide on having an extraordinary session during the next year exclusively dedicated to the analysis of this topic. You see we’re making interesting — let’s say we’re trying to have a better understanding of the topics involved and probably with dedicated time we could try to get some progress.
That’s for the topic of of broadcasting.

Regarding the important topic of limitations and exceptions of libraries and archives, you have seen that several steps have been taken in the recent sessions of this Committee. . Especially after the big impact of the updated study by professor Cruz giving us not only a Broadview of the current situation of exceptions and limitations related to libraries worldwide but an invitation to get deep on it and the Secretariat made an effort to give us some tools in order to digest this rich information and the processes are still ongoing in doing so. One way to do so is, for example, to analyze at regional level the findings of the current situation on exceptions and limitations for libraries and archives region by region and in order to do so after having these understanding we could exchange the particular views regarding this topic could be adopted considering the differences in regions. In consequences, I thought that could be very helpful to ask the Secretariat to hold regional meet beings, regional seminars for the topic of exceptions and limitations for libraries and archives in order to analyze rich information contained in studies that have been friend here in this session and to exchange views regarding the regional exceptions and also to, of course, to receive some comments on the way we understand the topics being held in this forum in order to have this better understanding which is very helpful to — as a way to work and to get a deep understanding of the topics.

In my view, do those complimentary session, In my view, do those complimentary session, extraordinary session for one topic and regional sessions for the second topic in the different regions could be very helpful because when we go back to the session, there could be a more efficient use of time, we could take advantage of what’s happened in this — under this complimentary measures and in consequence even the topics that are being suggested to being discussed and what we’re using in other matters, alternatives to discuss that that could be undertaken as well. That’s my invitation.

In summary, one extraordinary session for broadcasting, regional for libraries and archives, in a shorter way. ^ the invitation was made through Regional Coordinators and at that framework, we didn’t reach consensus on the invitation I made. But well now that I’m required to share with you, I’m glad to do it. Any comment regarding it?

Brazil has the floor. >> BRAZIL: Very quickly, the GRULAC can support your proposal. Thank you.
>> CHAIR: Thank you, GRULAC. India has the floor.
>> INDIA: Thank you, Mr. Chair.
I think you have put an interesting proposal on the table and our group can go along with your proposal. Thank you for this initiative.
>> CHAIR: Thank you, India. Nigeria has the floor.

>> NIGERIA: Thank you, Mr. Chairman.
The Africa Group supports your proposal, we think it is very practical, but the Africa Group will have a preference that the regional seminars on exceptions and limitations also include education and research institutions.
Thank you, Mr. Chair.

>> CHAIR: Thank you for sharing that view. Romania has the floor.

>> ROMANIA: Thank you, Mr. Chairman.
On behalf of the CEBS Group I would like to thank you for the proposed future work plan aimed at advancing work on the topics of our Agenda. We fully share your objective, we have we have reservations at this stage about the need to have additional meetings to the formal SCCR sessions. With respect to the draft treaty on the protect of broadcasting organizations we believe that more discussions are needed in the framework of regular SCCR sessions in order to assess whether we can achieve a meaningful legally binding instrument adapted to the technological developments of our times. It is our duty to ensure that the treaty is not outdated before it even enters into force. As for the subjected of exceptions and limitations we feel that all Member States would benefit for the moment from the continued progress of discussions within ordinary SCRR sessions. We therefore suggest that the Committee reassess your proposal at the next SCRR session. Thank you very much.

>> CHAIR: Well thank you very much for sharing your view. Greece has the floor.

>> GREECE: Thank you, Mr. Chair.
First of all, I would like to thank you for your operational way of guiding this Committee and having shared with us your view, your work plan, your proposed work plan. We would like to recall that having discussed it, no agreement has been reached between the Regional Coordinators on the issue and at this stage we do not see any usefulness of having any discussions outside the SCCR framework. Having said that, we can consider the work program at the next session of this Committee. Thank you, Mr. Chair.

CHAIR: Thank you. As you have heard, there are different views regarding mile suggestion. I’m glad to see that the views are not definitely rejecting it, those that have reservations have expressed a wish to analyze it in the next session. Since this is up to the Committee to decide and, of course, I consider that it was very helpful and I insist that it deserves deep analysis and consideration within your groups because you will see the benefits when we can have an extraordinary session for one topic and at the same time an interesting atmosphere to get into the — to get into the topics of exceptions and limitations ^ for libraries and archives.

In consequence, I can suggest to you and you are — you are the Committee to decide, and I think at this point an agreement has been made regarding this point. after information I have received, I will take that for you to consider in the next session. I will suggest that at the level of Regional Coordinators some work needs to be done regarding as we have done for this session to be prepared for the next session in order not to lose time during this session on how to organize the next meeting of this Committee, starting with substantial discussion. Of course, the future work could be again discussed at the end of that session.

That’s my view on that. I don’t see any requests for the floor. I think we can conclude the discussion on other matters.
Then regarding the outcome of this session, I would like to share with you that I have decided to prepare a Summary by the Chair. That’s been helpful before. So it is not a joint exercise of drafting which could be not the best way to address and factual way of discussing what’s happened here in the discussion, and I have started that exercise and for transparency reasons we prepared the summary for the section of broadcasters and will deliver it to the Regional Coordinators and when we have — and we have the summary for the second topic as well. Now that we have had the morning session on the Agenda topic number 7 we have distributed that summary to Regional Coordinators for their consideration.

In the meeting with Regional Coordinators, after that meeting, we had another one to receive your inputs, your comments, your views regarding my Summary by the Chair. As usual, even though it is a Summary by the Chair, meaning it has not — has not to be approved by the Committee that it will not undertake a common exercise of drafting it at all I, as you know, I’m used to listen to your views and listening to the concerns that could be related to that summary and I have listened to all of them. After finishing that session, we started the afternoon session immediately, so now I need their focus and some paragraphs, not so much, but I could say that some amendments having been suggested but finally I take more than the amendments, suggestions, the concerns in order to reflect — to consider when I made the final version.

In doing so, I will need some time — a short time — to prepare this revised version — not revised. It is not the draft, but the final version of the Chair’s summary and we will break for 10 minutes and I will come back in order to show you the result of it and my explanation. Then, after that, we will — we could hear some factual comments that you think could be out of that summary so in order for the record to be out of that summary so in order for the record to be considered and then we’ll go along with the final comments or statements by Regional Coordinators. In consequence, we break for 10 minutes and as you have an administrative announcement? Not at all? Okay.