We remember the important work of the previous chair and vice chairs. We would like to thank the Secretariat for preparation and organization of this session and also for publication of the documents for our consideration.
We recognize that the agenda requires us to all work together in order to be able to present at the end of this week recommendations to the next General Assembly. GRULAC thanks the Secretariat for the preparations they made to enable us to hold the conference on the resale rights. For GRULAC, the relevance and the impact of different topics on the committee’s agenda means that we need to have a balanced program on protection of broadcasting organizations, limitations and exceptions for libraries and or chives, limitations and exceptions for persons with other disabilities.
Recognizing the diversity of interest and priorities we need to ensure that we have balanced discussions on each of these topics and we trust, Mr. Chairman, that under your leadership we will achieve this balance.
GRULAC has been a promoter of proposals on the topic of exceptions and limitations and background for our discussion this week, we have the recent historic achievement of this committee and the organization in having adopted the treaty of Marrakesh, which has entered into force internationally.
GRULAC follows attentively on the work of the implementation.
Mr. Chairman, GRULAC recognizes the challenges and problems that affects libraries and archives and we need to have an open discussion on limitations and exceptions for libraries and archives in order to formulate possible solutions. GRULAC continues to be very inned in the debate on a proposal put forward by Uruguay, document SCCR/29/4 and also the document — the presentation by Argentina SCCR/33/4.
With regard to the topic of limitations and exceptions for educational and research institutions and for persons with other disabilities, GRULAC reiterates our recognition of the work and the progress made by professor Daniel Sing and we look forward to hearing an update on that and information contained in document 33/6.
We also would like to hear about the progress on the recommendation made by our regional group on having a studdie to analyze the effects of limitations and exceptions already established, for the cross border use of works and reproductions within the framework of the needs related to education and research.
Likewise, we have great expectations with regard to the presentation of the study on
limitations and exceptions for persons with disabilities other than the disability that impedes access to text which was presented — a preliminary study on the broadcasting organization on a signal-based approach. We hope to continue discussions on the basis of document SCCR 34/3 of the 13th of March 2017 prepared by the previous Chair of this committee. We need to take into account the other documents related to this agenda item, including the debate and examination of the proposal put forward at the last session by delegations of Argentina, Colombia and Mexico contained in SCCR/33/5.
Likewise we want to continue discussions on the GRULAC proposal analysis of copyright in the digital environment with the cross cutting and the importance of this being recognized by Member States. It’s undoubtable that there are challenges of user protected works and digital environment and we reiterate the importance of having a study on the progress made on this in national copyright legislation in the last few years. We follow closely the presentation of progress in this area, and also the ongoing work. We hope to hear the outcome of this in November of this year. Purchase, GRULAC reiterates our willingness to work on all the topics of meeting. Thank you.
INDONESIA on behalf of the Asia and the Pacific group:
The SCCR is an important committee of WIPO dealing with issues of critical importance to Member States, namely Rome techion of broadcasting portions, limitations and exceptions for libraries and archives and limitations and exceptions for research institutions and persons with disabilities. These issues are of great importance to our group. Going by the discussion since the 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 these important agenda items.
We believe in order to further our work, we have to refer to the 20 — we are aware of the emerging issues of equal importance within this committee, namely the subject of artist resale rights and copyright in the digital environment. In this opportunity we would like to congratulate the Secretariat for the successful conconveniencing of the international conference on artist resale rights on April 17th 2017. It provides very useful to inform Member States as well as the importance and implementation of resale rights for artists.
Mr. Chair, our group supports the agenda and program of work of this session of SCCR. We believe that the program of work reflects a better balance in the discussion for all outstanding issues that should receive equal level of commitment by this committee.
In the spirit of multilateralism, the Asia and the Pacific group reaffirms its commitment to constructively negotiating a mutually acceptable outcome on all outstanding issues.
Mr. Chairman, how intellectual property work with respect to broadcasting is an 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 General Assembly to provide protection on the signal-based approach for cablecasting and broadcasting organizations in the traditional sense.
Mr. Chair, for our group limitations and exceptions or of critical importance. Copyright system should be balanced. It should take into account commercial interests in copyrights 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. As you have touched upon in your remarks, that dealing with copyright means dealing with aspects that affect the lives of everyone.
Exceptions and limitations have an important role to play in the Assanement of right to education and the access to knowledge. Acquisition of which in many developing countries is hampered due to the access of level of educational and research material.
We also take note on all 11 subjects and the exceptions and limitations for libraries and archives. The outcome is reflects in the metrics although some Member States don’t, most Member States of the Asia and the Pacific group believe it is time for this committee to start discussing without prejudging the outcome of future work program on setting a normative agenda for exceptions and limitations for library and archives. However, there’s no denying the fact that how some should be approached exist the Member States in this committee. We hope that all Member States shall engage constructively in this session on the issues of exceptions and limitations based on previous discussions and new inputs so that we are able to continue to make progress on these issues.
Mr. Chair, the Asia and the Pacific group has taken note of the proposal submitted by GRULAC to discuss the current digital environment and copyright interface. We look for learning more on the scoping study on the digital development on the national legal framework in the last ten years. Members of my group will make interventions in their individual capacities. Mr. Chair, this is the same committee which has given us Beijing and Marrakesh Treaty. I’m optimistic that with the spirit of constructivism and progress, we can pave the path towards meaningful outcomes in all important issues facing this committee. We look in order to productive results and tangible progress in this session.
SENEGAL on behalf of the African Group:
With regard to the broadcasting organization draft treaty against piracy, the group thanks — notes that the chairman’s document SCCR 34/3 with an information note clarifying this and we thank you for that.
We remember the mandate of the General Assembly and we feel that we should work in conformity with this mandate and we give our support and we feel that it is therefore appropriate to call for a diplomatic conference in 2018 so that we can focus on these essential issues and achieve our objective which is a proposal contained in the note presented by Argentina, Colombia and Mexico and we thank them for this.
In document SCCR/33/5, to have, if necessary, extraordinary sessions. The other substantive issues could then be discussed in more depth. We believe that the work on exceptions and limitations for libraries and archives, education and research, and other disabilities need to be accelerated. These exceptions regime contributed effectively to a balance between private rights and the general interest, promoting access to larger know-how.
We continue to consider new subjects under item 9 of their agenda, are the matters related to the proposal of Senegal and Congo on resale right and GRULAC on copyright and the traditional knowledge. We feel this opens work for the SCCR in the future.
We are at a decisive moment in the history of intellectual property and the artistic areas and faced with the challenges here we need greater compromise and concessions which are essential paradigms for the conduct of multilateralism. Although we understand the concerns that are expressed, but you can be assured Mr. Chairman of the constructive spirit and the good faith
TURKEY on behalf of Group B.
In this regard, we as Member States should work towards a solution which fits in their current environment without letting our solutions become outdated before they have an effect. At the same time, we stress the importance of remaining faithful to the mandate of 2007 WIPO General Assembly, which conditions the convening diplomatic conference on the SCCR reaching agreement on the objectives specific scope and objective — objective protection of the treaty.
It is only Member States that can ultimately agree upon practical and meaningful solutions and maintain the relevancy of this committee and the organization. Mr. Chair, we note with appreciation the efforts of the former chair for his proposal, the document SCCR/34/3 revised consolidated text on definitions, rights to be granted, and other issues. The group believes that this version is a good basis for further discussion on core issues such as definitions, objective protection and the rights as well as new other issues.However, we believe that in all areas, there is more work to be done and further technical clarifications required in order to maximize the chances that this treaty will find success.
We trust that the discussions will be further elaborated under your able chairmanship and through the valuable considerations from all participants in this committee. We will work towards being able to fulfill our mandate.
Turning to the limitations and exceptions, Group B expects that we could find the consensual basis for our further work at this committee. Our group appreciates the aim of our discussions is to reach a better understanding of the topics, as regards to the working methods, we are ready to continue discussions from the previous meetings to explore common grounds upon which we could stand.
We would like to underline that this committee should give serious consideration to the objectives and the principles as proposed in documents SCCR/26/8, and SCCR/27/8, which pursue the common ground in the reality where no consensus exists in this committee for the normative work.
The delegation of Georgia on behalf of the Central European and Baltic States group.
We are looking forward to the progress to developing a legal instrument and favor the approach which equally protects any transmissions of broadcasting organizations over any other medium. The CEBS group recognizes the importance of the limitations and exceptions for libraries and archives, as well as for educational and research institutions, and persons with other disabilities and look forward to continue sharing practices of different national approaches.
The group is ready to engage in discussions on the proposal put forward by Senegal and Congo on the resale right and finally Mr. Chair, let me reassure you on the constructive engagement of the group during the discussion of the SCCR session.
With regard to the relevant agenda items, they are are all of great interest to the Chinese delegation. And we will maintain a positive and flexible attitude towards any constructive proposals. During the past meetings, on some technical issues, the Chinese delegation has already provided our preliminary views and proposals at many occasions. In this session, according to the discussions and real situation we will make further additional comments. We also hope that the meeting will achieve some substantive progress. We also noticed that last Friday, there was a successful international meeting about resale rights organized by the SCCR.
We have also noted the Marrakesh Treaty that has entered into force and some implementation questions will also be on the agenda item of the SCCR. Over the recent years, China has carried out many cooperation projects with WIPO so that we can push forward the entering into force the Beijing Treaty.
We have also realized that some Member States of WIPO have also made positive progress in this regard. The Chinese delegation trusts that the important outcome — one of the important outcomes of SCCR, which is the Beijing Treaty will enter into force at the earliest stage and so that we can protect relevant performance.
TAJIKISTAN on behalf of the Central Group:
Our group addresses importance to the issue under the agenda, namely the 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. And we are in the view that time has arrived to bring these issues to a new phase and accelerate the negotiations.
In regards to the broadcasting, we take into account the technological advancements, challenges in a changing environment and therefore we note that there is an urgent need to conclude a global treaty aiming in protecting broadcast organizations from privacy.
We look forward to fruitful discussions on this matter, the result of which could lead us to a diplomatic conference. On limitations and exceptions, we acknowledge the importance effects of knowledge and information for the benefit of all stakeholders, private and public. We hope that the work of this committee will come up with innovative solution with the principle of inclusiveness and pragmatism for a better IP system taking into being the needs and the priorities of both.
Mr. Chair, Tajikistan is ready to take necessary measures in all areas of negotiation in the remaining unresolved issues before us.
Last but not least we acknowledge that we have a substantive agenda before us today and in the interest of time, we wish to note that we still have some comments and clarifications whereas members of my group shall make interventions in their national capacities in the course of the sessions of the committee.
What is about most importance is that the treaty towards which we are working should respond to both the current and future needs and interests of broadcasting organizations, as well as reflect the technological realities and developments of the 21st century.In this context, we welcome document SCCR/34/3, the revised consolidated text on definitions, objective protection, rights to be granted and other issues. We look forward to in-depth discussions on this text. 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 both in the current and the future technological environments.
Considerable efforts have been made in order to build consensus on the main elements of the 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. Taking this into account, we can only reiterate our commitment to progressing towards the conclusion of a meaningful treaty and to that effect work towards convening a diplomatic conference in line with the 2007 mandate.
The European Union and its Member States will also continue to contribute constructively on the 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, while also looking at possible solutions and flexibilities under the existing framework of the international treaties.
The EU and Member States, also believe that the existing copyright framework allows WIPO Member States to introduce, maintain and update the exceptions and limitations in the national legislation. And meaningfully respond to the local needs and traditions and ensuring that copyright is an incentive and a reward to creativity.
In this regard, we continue to believe the useful work could be done in this committee to provide guidance regarding the manner in which the international treaties are implemented in national laws. We do not see the need for any new and additional legally binding instruments in this area. 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 practices in an inclusive way for benefit of all WIPO members can serve as a useful tool in that respect.
As regards the topics currently discussed under agenda item other matters, the EU and its Member States would like to once again thank Senegal and Congo to include the resale right, droit de suite in the agenda. Going back to SCCR 27 and tabled from SCCR 31 and for their initiative to hold a conference on the topic prior to this session.
We give our support for discussions on the this topic at the international level. Therefore, the EU and its Member States are in favor of the inclusion of a new item on the permanent agenda of the SCCR, namely on the resale right, droit de suite. Thank you, Mr. Chair.