SCCR 33 More General Statements re the Agenda items

November 14, 2016
General Statements from CEBS, the Africa Group, Group B, China and the E.U.

>> LATVIA: Thank you, Mr. Chairman. At the outset, the Central European and Baltic States group would like to reiterate its confidence in your guidance of this committee and in it your ability to bring us closer to a successful outcome. We are looking forward to interesting discussions with a view to reaching an agreement on direction of the work of this committee. We thank you, the vice chair, and the Secretariat, for all the efforts invested in the preparations of this session. The CEBS group continues to support the treaty on the broadcasting organizations and has committed to the work of the committee in this area.

We thank the Chairman for preparing document SCCR/33/3, revised consolidated text on definitions, objective protection, and rights to be granted, and we are looking forward to constructive deliberations on the basis of this document. Mr. Chairman, let me reiterate the longstanding position of the CEBS group regarding the scope of the protection to be granted under this treaty.

The discussions on this treaty have been ongoing in this committee for many years since the initial discussions, the challenges faced by the broadcasting organizations have evolved significantly as well as the issues to be addressed by the contemplated treaty.

We are ready to engage in the discussions ahead of us in a positive and constructive manner. At the same time, the group will continue to insist on creating a treaty that will take into account present reality. Development of different types of broadcasting made possible by rapidly evolving technologies and the broad use to the changes of the habits of the consumers.

The outcome of our deliberations has to integrate these above-mentioned elements in if order to bring effective protection of broadcasting organizations. The CEBS group continues to recognize the importance of the limitations and exceptions for libraries and archives as well for educational and research institutions and persons with other disabilities. We believe they play important role in economic, social, and cultural development.

On the topic of limitations and exceptions for the libraries and archives, this session will complete work on the four remaining topics, and in this regard, we are expecting interesting exchanges of views. We are looking forward to the presentation by Professor Seng of revised analysis on education and research exceptions, which will now include all WIPO Member States.

The group noticed new proposals on the Treaty on Protection of the Broadcasting Organization put forward by the Delegations of Argentina, Colombia, and Mexico, and on the limitations and exceptions put forward by the Delegation of Argentina.

At this point the group needs more time to study the proposals and would prepare their introduction and more clarification of their rationale.

As for the two items under the agenda item 8, Other matters, the group is ready to engage in discussions on the basis of these two proposals.

The CEBS group welcomes the Marrakech Treaty to facilitate access to published works for persons who are blind, visually impaired, or otherwise print disabled.

Finally, Mr. Chairman, let me assure you of the constructive engagement of the group in all of the discussions during this SCCR session. Thank you, Mr. Chairman.

>> CHAIR: Thank you very much

NIGERIA for Africa Group

>> NIGERIA: Thank you, Mr. Chair. Nigeria is delivering this statement on behalf of the African Group. The group wishes to thank you and the bureau for your consistency and resourcefulness, and in that regard, reiterate the readiness of the Africa Group to support your efforts to move the work of the SCCR forward.

We also thank the Secretariat for their hard work, as this is the first session of the SCCR since the entry into force of the Marrakech Treaty, we take the opportunity to express a new pleasure at the speedy entry into force of that instrument that will facilitate access to published works for visually impaired and blind persons. We hope that positive outcome can be translated to the current agenda of the SCCR.

Mr. Chairman, several years of successive SCCR sessions have come and gone with yet no breakthrough in the committee’s negotiations on its three main agenda topics, the Treaty for the Protection of Broadcasting and Cablecastinging organizations from piracy, exceptions and limitations for library archives and educational and research institutions and persons with other disabilities.

In the last two sessions, we express cautious optimism for progress in the SCCR negotiations. At this point, we believe it is just that much more important to have a clear vision and path for the committee’s deliberations on broadcasting and cablecasting organizations, the Africa Group reiterates its support for early convening of Diplomatic Conference to protect signal piracy. In that context, we work on the overarching objective document SCCR/33/5 by the Delegations of Argentina, Colombia, and Mexico to expedite the committee’s work and convening a diplomatic conference no later than 2018. We fully support this thinking. We shall await the presentation of that document by the proponents before commenting further.

We also thank the Chair for his preparation of document SCCR/33/3, containing the revision to definitions objective protections and rights to be granted and shall contribute to that discussion.

On exceptions and limitations agenda of the SCCR, quite simply, it is time to determine a path forward. It is increasing — it increasingly appears that the absence of a time frame for our discussions is not the most constructive path of this committee’s work in this fare. We continue to support ideas by the Chair to hold regional and even cross-regional meetings on exceptions and limitations — on the exceptions and limitations agenda of the committee to facilitate understanding and accelerate our work.

Mr. Chairman, it is clear that the goal to breach the global knowledge gap is fundamental to the adoption of sustainable development goal 4, which seeks to achieve lifelong learning opportunities for all. No one can question the logical chain that access to knowledge develops the individual who, in turn, develops his immediate environment, and further out, the global environment.

We, therefore, hope that all Member States and other participants will feel the burden of responsibility placed upon all stakeholders by the full membership of the United Nations to vigorously pursue attainment of the SDGs.

For the SCCR, its contribution to this objective will be the progressive conclusion of the committee’s current discussion on exceptions and limitations in a manner that purposefully facilitates access to knowledge and information for underserved persons and in line with the 2012 General Assembly decision on these issues.

Indeed, we feel burdened to underscore anew, that significant changes to knowledge and information have occurred at the national, regional, and global levels since the commencement of negotiations on exceptions and limitations in the SCCR, including the revolutionary impact of the digital environment.

We look forward to engaging constructively in the exceptions and limitations discussion, including presentation of the Chair’s chat for facilitating our deliberation on exceptions and limitations for educational and research institutions.

We welcome the update of Professor centennial’s study on copyright limitations and exceptional limitations on activities a to include all 189 Member States of WIPO and take note of document SCCR/33/4 by the Delegation of Arrange continue ca.

We — Argentina.

We also look forward to a presentation on Professor Reid’s work relating to a scoping study for persons with other disabilities apart from print.

We will join the discussion on these documents and issues constructively.

Finally, Mr. Chair, we look forward to continuing consideration of the new issues under agenda item 8, royalty retail rights by Congo and Senegal and the other by GRULAC. We appreciate the importance of both subjects and look forward to the presentation by The professor on resale rights later this week. We hope we can focus on both subjects in an organized manner upon progressive conclusion of the existing main agenda items. I thank you.

>> CHAIR: Thank you very much

Turkey for Group B

>> TURKEY: Thank you, Chair, for giving the floor. Turkey has the honor to deliver this statement on behalf of Group B.

Mr. Chair, Group B would like to thank you for your continued guidance as the Chair of this important committee. We would also like to extend our congratulations to the vice chairs. We are, once again, looking forward to productive discussions.

Our group would also like to take this opportunity to thank the Secretariat for its work for this session as well as for the side events that shed light on the various issues that copyright has to face in today’s world.

We would like also to take this opportunity to welcome the joining of Deputy Director General Ms. Sylvie Forbin to the SCC family.

We would like to note that the meeting of this committee comes after the conclusion of the WIPO’s General Assemblies, noting the GA decision to instruct the SCCR to continue its work, as stated in in its previous reports.

Group B also acknowledged that since our previous meeting, Marrakech Treaty came into force. This is a significant and outstanding instrument of this committee.

Mr. Chair, Group B continues to attach importance to the negotiation on the treaty for the protection of broadcasting organizations. WIPO, as a specialized agency of intellectual property, has a responsibility to continue to be relevant to the evolving environment of the real world and its development due to the advancement of the technologies, and in order to maintain such relevancy, this organization has to continue to hear the voices of the real world and respond to the developing demands in various fields.

No one questions that — questions the significant economic value of broadcasting and the appropriate protection of such value is one of the deemeds to reach this organization is required to respond.

In this regard, we, the Member States, have to find a solution which fits in the current environment without letting our solution become outdated before they have effect.

It is only Member States that can ultimately agree upon practical and meaningful solutions and maintain the relevancy of this committee and the organization.

At this point, we would like to thank the Chair for his proposal for the updated broadcasting text on definitions, objects of protection, and the rights to be granted.

In this regard, it is an attempt to clarify the text and the definitions and move the work on broadcasting organizations forward.

We still have a number of substantive comments as well as technical clarifications. At this point, we would like to highlight that during recent sessions of this committee — committee discussions, discussions have taken place that have helped us better understand the various perspective and the technological issues that we need to address.

Our group takes note of the paper by the Delegation of Argentina, Colombia, and Mexico, recognizing its late addition to the documents of the committee, we look forward to discussing it at the next session.

Turning to the limitations and exceptions, Group B hopes that we could find a consensual basis for further work at this committee. The presentation by the subsequent intensive discussions in one of the previous sessions of this committee provided us with an insight as the way forward and is a helpful reference for national policymaking in order to adopt exceptions and limitations respecting established differences of the legal systems within the boundaries of existing Treaties.

Additionally, we would like to underline that this committee should give serious consideration to the objectives and principles, as proposed by the U.S. in SCCR documents, namely 26/8/8, and 27/8, which has common ground in the current situation where no consensus, for the time being, exists within this committee for the normative work.

Our group takes note of the proposal by the Delegation of Argentina concerning the limitation and exceptions for libraries and archives and limitations and exceptions for the educational and research institutions and for persons with other disabilities.

since the proposal arrived shortly before this meeting, we look forward to the discussions at the next sessions of this — of the SCCR.

Mr. Chair, please stand assured that you can account on our continued commitment and the constructive engagement to the work of this important committee. I thank you, Mr. Chair.

China

>> CHINA: Thank you, Chair. Chair, on behalf of the Chinese Delegation, I would like to thank you, thank the Secretariat for your constructive, productive work and your hard efforts during the preparation of this session.

The Chinese Delegation approves the agenda of this session and hopes that under your guidance this session will achieve concrete results. We are of the view that SCCR as a specialized committee in copyrights is one of the important committees of WIPO.

Three main issues, which are protection of broadcasting organizations, limitations and exceptions for libraries and archives, limitations and exceptions for educational and research institutions and for persons with other disabilities are still major issues that need the attention and the work of all Member States.

There were no consensus reached during the previous sessions, and we think it is due to the different realities among Member States. It is a fact that there are divergence on some issues, so we think that inclusiveness and mutual understanding are the keys to find substantive solutions.

Concerning the agenda items of this session, our Delegation will continue to participate actively into the discussion and will take positive attitudes in regards of any constructive proposals.

Our Delegation hopes that different Delegations under the guidance of the Chair will undertake substantial discussions in the spirit of cooperation, inclusion, mutual understanding, and in a flexible and pragmatic way. We hope that we could bridge the difference, achieve consensus on key issues so that we can move the meeting in a positive way.

Chinese Delegation will — would like also to assist this opportunity to congratulate the entry into force of Marrakech Treaty on 30 September this year. At the same time, we would like to make appeal to all Member States to pay also attention to another important treaty, which is the Beijing Treaty. We are very pleased to note that they have ratified Beijing treaty, so the number of ratified countries under this treaty is now 15.

Now, still, 15 more are needed for the entry into force of Beijing Treaty.

We hope that Member States will provide the same support to Beijing Treaty as they have provided to the Marrakech Treaty, and we stand ready to provide support and cooperation for the entry into force of Beijing Treaty.

During this session, our Delegation has the honor to organize an exhibition with the help of WIPO. This exhibition will showcase the results of a project named Protection of — a project cosponsored by WIPO and our NCAC. Its inauguration will be tonight immediately after the Plenary.

We hope all of you will be present and undertake in-depth exchange on the promotion of economies of copyright protection. Thank you, Chair.

>> EUROPEAN UNION: Thank you, Chairman. The European Union and its Member States would like to thank you and the WIPO Secretariat for the preparation of this 33rd Session of the Standing Committee. We count on your commitment and expertise to lead this session of the committee towards successful outcomes generated on the basis of constructive discussions for the benefit of the global intellectual property system.

We also take this opportunity to welcome madam Sylvie Forbin to her role as Deputy Director General. We very much look forward to working with her.

Chairman, the European Union and its Member States have been actively involved in the discussions on the Treaty for the Protection Of Broadcasting organizations. These discussions are of great importance to us, and we are ready to continue to work constructively to advance on this complex and technical matter.

What is of utmost importance is that the treaty towards which we are working should respond to both the current and future needs and interests of broadcasting organizations and should reflect the development of technologies used by broadcasting organizations.

During this session, we look forward to an in-depth discussion on document SCCR/33/3, the Updated Consolidated Text on Definitions of protection and rights to be granted. As we have mentioned on previous occasions, what is needed is a broad consensus as to the extent of the protection to be granted so that the treaty can provide broadcasting organizations with adequate and effective protection.

Considerable efforts have been made during previous sessions in order to build consensus on the main issues of a treaty, and this consensus should allow us to agree on a meaningful text that reflects the technological developments that have occurred in the 21st Century.

We reiterate our commitment to progressing towards the conclusion of a meaningful treaty. For this purpose, we look forward to the further engagement by the committee in order to create the conditions that will lead us towards a successful outcome.

The European Union and its Member States will also continue to contribute constructively to the discussions on exceptions and limitations. In our view, these discussions would be most useful if they aimed at a more thorough understanding of the issues at stake.

At the same time, the discussions could also look at possible solutions and flexibilities among those already available under the framework of the existing international treaties.

In this regard, we think that useful work could be done on this committee to provide guidance regarding the manner in which the international treaties are implemented in national laws.

The E.U. and its Member States strongly believe that the existing international copyright framework already empowers WIPO Member States to introduce, maintain, and update limitations and exceptions in their national legislation that can meaningfully respond to their local needs and traditions, while continuing to ensure that copyright is an incentive and a reward to creativity.

We, therefore, do not see a need for any new and additional legally binding instruments in this area.

Chairman, we hope that the committee can come to a shared understanding on this and on what would constitute a concrete outcome on these agenda items that can be supported by all Delegations. As we have said in the past, we believe that the exchange of best practice in an inclusive way for the benefit of all WIPO members can serve as a useful tool in that respect. Thank you.

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