[section=Opening Ceremony – Monday, September 23rd (Morning Session)]
| Time Stamp | Country |
| 0.38.17 | Trinidad and Tobago |
| 0.46.03 | Poland |
| 0.53.29 | Algeria |
| 1.02.05, 2.08.38 | India |
| 1.08.17 | Belgium |
| 1.12.53 | China |
| 1.19.32 | Belarus |
| 1.26.34 | Singapore |
| 1.35.57 | Lithuania |
| 1.44.59 | Brazil |
| 1.51.01 | Benin |
| 1.57.19 | Ghana |
| 2.03.37 | Japan |
| 2.15.34 | Chile |
| 2.21.35 | Ethiopia |
| 2.24.53 | Iran |
[endsection]
[section=Item 5: General Statements – Monday, September 23rd (Afternoon Session)]
| Time stamp | Country/NGO | Notes |
| 1:00 – 7:19 | United States | Endorses earlier statement by Belgium.Welcomes Marakesh treaty.Sad that same unanimity doesn’t take place in discussions of genetic resources and TK so, consideration of a diplomatic conference is premature and US doesn’t support that.US became a member of Patent Law Treaty 2012 and Dec 2013 it will take effect and US will officially be a member.US not happy with budget being addressed as fact but is willing to keep working with the rest of the parties until it is so. |
| 7:30 – 10:53 | Sri Lanka | Aligns itself with Asian and Development Agenda groups. Looking forward to ratifying Beijing and Marakesh treaties.Supports Genetic Resources and TK treaty and says it’s urgent for developing countries to be able to benefit from their resources. |
| 11:13 – 15:40 | United Kingdom | Supports statements of EU presidency and Group B.Supports Hague System development, Standing committee on copyright. TK is supported but thinks that the draft text needs to be mature before any diplomatic conference begins. Believes that international treaties already in progress shouldn’t be neglected, such as Patent treaty. |
| 11:49 – 24:12 | Brazil | Supports Marakesh treaty as an achievement for the international community, not just WIPO.Entire organization should aid in integration of the development agenda to make WIPO more effective. Expresses worry in the delays in the implementation of the development agenda.Thinks that renewal of mandate of GR/TK committees is necessary because of the delays therein. |
| 24:47 – 29:55 | Algeria | Claims that knowledge economy is surpassing that of goods and services and his country is adapting their legal and administrative infrastructure to adapt. IP is said to be a vector for progress. |
| 30:13 – 34:14 | Phillippines | IPAS: Philippines is first Asian country to implement. Championed promotion of dispute resolution in IPR enforcement. Willing to help WIPO in enabling other Asian states. Supports traditional knowledge regime to enable all cultures to prosper. |
| 34:30 – 38:50 | Pakistan | Aligns with statements delivered with development agenda and Asia Pacific groups.Wants flexible and balanced global IP system at different levels of development while still promoting creation of knowledge. Welcomes customized assistance from WIPO in creating expertise and curriculum.Encourages promotion of development agenda and urges, especially developed nations, to encourage its completion and is disappointed in its delay. Urges WIPO to accelerate TRIPS. |
| 39:00 – 42:10 | Monaco | Aligns itself with group B and statements made by Belgium. Content with VIP. TK treaties needs constructive work. Urges advances in industrial property information and documentation. |
| 42:25 – 47:46 | Rep. of Korea | Aims to transform economy such that creativity and knowledge will be intuitively recognized and facilitated. Presents their plans to do so. Supportive of development agenda. |
| 47:54 – 52:20 | Columbia | Wants to accelerate TK negotiations. Frustrated with the delay in negotiations and lack of momentum. |
| 51:30 – 54:49 | Singapore | WIPO dispute resolution centre in Singapore discussed and importance to driving innovation in knowledge based economy is accented. Robust IP infrastructure is important to a country that doesn’t have a lot of natural resources. |
| 54:44 – 57:55 | Thailand | Aligns itself with statements from India and Asian Pacific group. Wants everyone from rights holders to users to benefit from IP regimes. Balance is necessary for broader UN goals. Development agenda must continue to be mainstreamed in the rest of WIPO’s work. |
| 58:08 – 1:03:32 | Italy | Aligns with Belgium and European Union and Group B. Commends work on maintaining WIPO’s results like Marrakesh and Beijing treaties and reforms in strategic realignment program. Recommends work on GIs. |
| 1:03:46 – 1:07:19 | Argentina | Aligns with statements of Trinidad and Tobego and Brazil. Content with result of Marrakesh treaty. States importance of industrial information and documentation for the country and the region. |
| 1:07:27 – 1:12:03 | Georgia | Supports working group on Lisbon system. Importance of WIPO’s work on geographic indications. Supports a meeting for a revised version of Lisbon. Wants balanced text on industrial design and design law treaty. |
| 1:12:13 – 1:16:22 | New Zealand | Patent act will raise quality of New Zealand patent law and regime. Will benefit economy at large. Now to draft legislation to protect patentable inventions. They recently implemented Madrid protocol which make it easier and cheaper of NZ brands to protect their business overseas. It will also help foreign business to do business with NZ. |
| 1:16:50 – 1:20:12 | Panama | |
| 1:20:24 – 1:23:49 | Israel | Stresses the importance of Patent acts and developments because of Israel’s status as a technologically developmental state. |
| 1:24:09 – 1:27:06 | Australia | Nominated Dr. Gary as WIPO chair. Summarizes WIPO and Australian IP successes. |
[endsection]
[section=Items: 31, 32 (Marrakesh Treaty) – Wednesday, September 25th (Afternoon Session)]
|
Time |
NGO/Country |
Notes |
| 4:35 | President (Chair) | Opens item 31 – Report on the outcome of The Marrakesh treaty. 1 document under consideration (doc ga-9) |
| 5:28 | Trevor Clark (asst. Director general of cult industries sector) | Introduces the subject through a short introductory video |
| 6:00 – 13:25 | Video Starts | News report style video, about the history behind and need for this treaty. A bit if a PR package, with short one question interviews with a number of delegates and special interest groups. (Includes a speech by Stevie Wonder) |
| 13:36 -14:48 | Trevor Clark (asst. Director general of cult industries sector) | Echoes the DG expression of gratitude from monday (during the DG Report), to a number of key contributors including the government of Morocco and the member states. 54 states had signed the treaty by wednesday. Gives his assurances that the secretariat will do its best in aiding countries who request it, so that the treaty will be implemented as swiftly as possible. |
| 14:48 | President (Chair) | Offers the floor to delegations at 15:00. |
| 15:07 | El Salvador | Offers congratulations on the Treaty. It’s a landmark international agreement for the quality of life of blind people. It is a human right to have better access to published works, and to achieve the knowledge through books. Our support in this context goes to that expressed by the delegation of Brazil. |
| 16:24 | Morocco (Maroc) | Honoured to host this diplomatic conference. This was the first event organized by WIPO to occur in an Arab Country and city. They were very pleased to welcome all the members of WIPO. The conference was a success thanks to many groups, especially the regional groups. Very hopeful in the future for blind people. Emphasis on the importance international cooperation at WIPO. Special thanks for the hard work of the DG and his team. Morocco is always ready to take part in such events. |
| 19:45 | Belgium | Congratulations to the DG and his team for five years of hard work. Also thank chairs, vice chairs, etc, for their negotiations in a treaty which is historic. Thanks to Morocco for hosting. This treaty, along with other projects, will help alleviate the lack of accessible formats, while also encouraging innovation and creativity. Group B will remain actively engaged with the further follow-up of this treaty. Believe the treaty is effective and balanced |
| 21:19 | Japan | Japan supports the statement made by Belgium, on behalf of group B. Thanks to contributors. This treaty is a historical milestone in terms of changing perceptions, from the interest of right holders to accessibility of works. Believe it is effective and balanced. We should bear in mind that this isn’t the end of our work, it still needs to be implemented and we can help to improve it’s effectiveness. Particularly,in relation to cross-border exchanges, we need to continue to share information. |
| 23:44 | India | Express gratitude to Morocco, congratulate DG and member states on the adoption of this treaty. The treaty is historic and balanced. They will soon be ready to sign the treaty, and hope it will come into force as soon as possible. Request that the secretariat give necessary technical assistance if needed by member states before and also they sign this treaty. |
| 25:42 | Poland | On behalf of the group of central-european and Baltic states, offer congratulations on the successful outcome of the Marrakesh Treaty. Thanks to Morocco and the DG and his team. This treaty is an important step towards inclusion. This offers the possibility for many countries to overcome impediments in national or international legal frameworks. It also ensures the import and export of accessible formats, without negative impact on copyright. |
| 28:20 | Mexico | For our country, this treaty is not only a clear example of strengthening the multi-lateral system, it is also a major landmark in copyright law, and a great triumph for persons with visual impairments throughout the world. Thank morocco for its hospitality. This brings about a new inclusive international standard. discusses it in terms of human rights. Concludes the book famine. Opens up for reading, culture, amusement and education. |
| 30:40 | Brazil | Taking the floor on the behalf of the Development Agenda Group. Congratulations on what we have achieved. With this treaty, WIPO has embraced a humanitarian vision while fulfilling it’s mandate as a specialized agency of the UN. A great victory for the multi-lateral system. After Marrakesh a new challenge needs to be faced: implementation will require a great effort. First we must streamline the (?) force of the treaty. 20 ratifications are needed urgently. second step, Make sure implementation is carried out satisfactorily. This requires human and technical resources. WIPO needs to be prepared to offer technical assistance to its members, in accordance with the DA recommendations. It should also dedicate attention to raising awareness activities. Member states need to also offer resources in cross border issues. |
| 33:30 | United-States | The US welcomes the adoption of this treaty. Proud to have been an active participant, along with over 160 delegations. Thanks morocco for hosting the conference. The US hopes to sign the treaty in the coming weeks, and looks forwards to its implementation at the earliest time. |
| 34:31 | Cuba | Our delegation would like to congratulate members for the adoption of this treaty. There is the challenge then, now, of it’s implementation. We hope that in the near future there will be a final decision on access for libraries, archives, research and investigation. We would like to support what was said by the delegation of Brazil. |
| 35:20 | Algeria | Algeria is taking the floor on behalf of the African Group. We would like to congratulate Morocco on the organization of the conference, and the adoption of this treaty. We are doubly satisfied because this conference was held in an African country, which shows the interest that our continent shows in intellectual property. And second, we need to stress that this is the first time that the WIPO adopts a treaty establishing exceptions and limitations to the international copyright system. The size of this task needs to be stressed. It shows that changes are happening in the direction of the organization. It creates a more balanced system, which takes into account no only the interests of the private sector but society as a whole. It has helped delegations to show flexibility and compromise, and will help us to do so again in the future. |
| 36:56 | Lithuania | I want to pass the floor to the delegation of the European-Union to deliver a statement on this item on behalf of EU and its member states. |
| 37:15 | European Union | Offer congratulation on the treaty and thank Morocco. Gratitude to the DG and the secretariat for their effort before and during the conference. emphasis on the importance of cross border exchange of books in accessible formats. Confident that the treaty along side other measures (WIPO stakeholders platform) can help transform the lives of persons who are blind, or have print disabilities. The treaty also highlights the importance of creators and authors. In the EU, preparatory work has already started to proceed with the signature of the treaty. |
| 39:05 | Chile | My country welcomes the signing and the content of this treaty. And also that we were able to achieve something that we set ourselves to the task of doing almost ten years ago. In 2004, my country stated that IP should be fairer to all society. This treaty helps satisfy and need and helps to minimize certain negative views on IP. The development of IP can be in line with non-discrimination. Would like to thank Morocco for it’s hospitality, and thank the secretariat for all its works. Would like to support what was said by Mr Clark that 54 countries have already signed, and we hope that the necessary number of countries will soon sign for this treaty to come into effect. |
| 41:22 | Paraguay | We would like to stress here the historic aspects of the Marrakesh treaty. We support and share the three elements named by the delegation of Brazil, and now look to the ratification and implementation of the treaty. Emphasis on the importance of providing appropriate technical assistance within the framework of the treaty. Hope WIPO will help facilitate the dissemination of this treaty in our region and in our country. Thank Morocco for its hospitality, and all of the work that went into this on behalf of the secretariat. |
| 42:35 | Argentina | Argentina would like to say how much it welcomes and is thankful for the work undertaken by the member states, observer delegations, the DG and the secretariat. Thank Morocco for the excellent organization of the conference. We would like to stress that Argentina is, at this point, concluding its steps necessary for a signing of this treaty very soon. We would like to state our support for Brazil’s statement on behalf of the development group. |
| 44:05 | Mongolia | Offers congratulations and thanks for hard work and effort. Member states should be proud of their membership to this organization and the work they have accomplished. Emphasis on the positive environment of cooperation in the past (Beijing and Marrakesh), and hopes that it will continue on in the future. |
| 45:25 | Pakistan | Pakistan would like to congratulate the member states, Morocco and the DG for this accomplishment. It is a benchmark of the effectiveness of the multi-lateral system and the international community. We request WIPO to facilitate technical assistance to its members, and to promote awareness activities. |
| 46: 12 | Guatemala | We would like to congratulate WIPO and it’s member states for the conclusion of the Marrakesh Treaty, it is of the utmost importance to my country. We would like to support what was said by Brazil. |
| 47:01 | China | We would like to offer our congratulation and thanks. This is another important treaty, after Beijing, to ensure access for visually impaired persons. We hope it will be implemented very soon. |
| 48:00 | President (Chair) | Asks if there are any other delegates who would like to take the floor. Moves on to Observers. |
| 48:12 | K.E.I | Added more thanks to those given during the general statement. Look forwards to the World Blind Union leadership on the implementation of this treaty. We have been impressed by the number of right holders who have endorsed the treaty. Impressed by contribution and following of several NGOs. In implementation, it will be important to find ways which are not overly complex or cumbersome. Disappointed in the elimination of deaf persons from the treaty. the limiting of this exception to non-profit entities only, and the narrowing of the covered works. |
| 51:23 | TWN | Offers congratulations. For the first time, WIPO put persons interests over corporate interests. We hope the same concerns and cares will be reflected in the coming days in other areas of IP. Medicine, food, etc. We call upon WIPO to ensure that the treaty is implemented with the same purpose it was created with, which was facilitating accessibility. Note article D.4 with concern, the extension of the 3 step test for export purposes. IT seems an unnecessary requirement and is therefore viewed as a tool to prevent the cross border transfer of works. We hope the obligations of this treaty are not neutralized by its contractual requirements. They align themselves with a lot of the developing countries in regards to their requests for technical assistance. We note that unlike many treaties, this one does not have a specific mandate to provide technical assistance. |
| 54:26 | IVF | Offers congratulations on the completion of the treaty. It is consistent and works well within the existing international framework. In particular it confirms the 3 step test as the international rule of balancing rights and exceptions. The IVF offers its full support. |
| 56:12 | President (Chair) | The item is adopted and closed. |
[endsection]
[section=Item 8 (Appointment of the DG in 2014) – Wednesday, September 25th (AM Session)]
| Time | Speaker /Country | Summary of what was said |
| 20:07 | President (Chair) | Opens agenda item 8: Appointment of the DG in 2014. Asks Edward KwaKwa, legal representative to briefly introduce the document A/51/3 |
| 20:35 | Legal Representative | Draws attention to the supporting document from the GA. Explains the document to GA member briefly, including the legal and committee precedents that will govern this process, and that the document also includes a proposed time frame for the elections. He reminds people that this document follows previous practice. The document is asking the GA to note the initial dispatch of the secular on the 6th of September, to approve to the WIPO assembly on May 8-9 2014, and to approve the proposed time-table of procedural steps that are laid out in the document. |
| 23:01 | President (Chair) | Thanks him for the introduction, and then offers the floor to delegations. |
| 23:13 | Belgium | Speaks on behalf of Group B. Group B takes note of the document, approves the convening of the WIPO GA in may next year, as well as the proposed timeline. |
| 23:50 | China | Thanks the secretariat for the concrete and detailed document about the upcoming procedures. Approves the WIPO GA in May, and thinks it will be a positive event. They also approve the procedures in paragraph 7-8. |
| 25:33 | President (Chair) | Thanks delegations for their comments made. Proposes the decision paragraph. The proposals are adopted without objections. |
[endsection]
[section=Item 34 (Matters Relating to the Standing Committee on Copyright and Related Rights (SCCR)) – Thursday, September 26th (Morning Session)]
| Time | Speaker /Country | Summary of what was said |
| 31:38 | President (Chair) | Opens up agenda item 34 on the SCCR. Document GA/13. Asks Assistant DG for the culture and creative industries sector Trevor Clark to give a brief introduction of the document. |
| 32:16 | Assistant DG | Introduces the document. Makes a brief statement about the SCCR over the past year, and what is expected to come in the next year. Following the adoption of the Marrakesh treaty, the SCCR will now have more time to dedicate to the 3 remaining issues on the table: The protection of broadcasting organizations, limitations and exceptions for libraries and archives, and limitations and exceptions for education and research institutions, and persons with other disabilities. Some of the broad targets suggested to reach these goals have already been approved by the GA. |
| 33:31 | President (Chair) | Opens the floor to delegations |
| 33:43 | Belgium | Speaking on behalf of Group B. Offer congratulations for accomplishments over the past year. Congratulations on the progress made on the Protection of Broadcast Organizations over the past year, and look forwards to more intensive work this year on the text, so that a legal document might soon be ready. Further understanding is still required about what our collective objectives are, in terms of problems to be addressed, and what should be protected. Concerning the other frameworks (treaties) currently being discussed, they want to reiterate that the existing copyright frameworks already enables these institutions to fulfill their roles, both in the analog and in the digital world. We therefore stand ready to debate, and work further with all WIPO Member States , so that these exceptions and limitations function in the best possible way within the existing framework of the International treaties and conventions. Finally, while taking note of the previous high intensity of formal and informal sessions, and meetings of the SCCR, Group B is of the opinion that for the work within the context of this committee, we should take a more measured approach. Moreover, it should be based on a balanced approach. They believe this can be achieved through the Broadcasting treaty, and by developing a deeper understanding of the operation of exceptions and limitations in the existing international framework. |
| 36:28 | Poland | Speaking on Behalf of CEBS (Central European and Baltic States). Thanks for good work over the past year. Although other issues on the SCCR are important, we support the view that the main priority for the committee should be finalizing the way forwards on the Broadcasting treaty. With the objective of reaching the decision to convene a diplomatic conference in the nearest future. This is needed on an international level, and to update law for the 21st century. The development of media is the key element of social cohesion, political pluralism as well as the cultural enrichment of all societies. They think it’s high-time that things move forwards and the the first step is agreeing upon a stable and reasonable roadmap for the work of this committee. CEBS drafted a proposal for delegations to look over in this regards and vote on. Hoping that the secretariat will table it. They would like to suggest that the GA direct the SCCR to finalize the Broadcasting treaty as a matter of priority. Schedule that within 3 SCCR meetings time, all before the next GA, no less than 3 days per meeting be dedicated to defining the text for this treaty document. Finally direct that the committee submit to the 2014 GA a text developed during these meetings, and the GA make a decision about convening a diplomatic conference in 2015. Looking forwards to further discussions and exchanges of views on the other 2 treaties, within the framework of current international law. We are of the view that the exchange of experiences and ideas within the committee should facilitate the effective application of these exceptions and limitations in the analog and digital world. Regardless of current work, they should also consider taking on new projects as well, that touch upon new technologies and trends, etc. A new item should work to facilitate the adaptation of national legal frameworks to the requirements of the digital age, provide a ground for normative attempts, and the exchange of experiences in this regards. It is also advisable to discuss issues related to evidence based policy making in the area of copyright and related rights. CEBS would like to assure all the delegates that we remain committed to the work done on this committee. |
| 41:10 | President (Chair) | Takes note if Poland’s statement, will come back to it a bit later. Will first give the floor to other delegations. |
| 41:20 | Lithuania | Would like to pass the floor the the EU, so that they can then make a statement on the EU’s behalf. |
| 41:37 | European Union | Offers general thanks. The EU has been actively involved in discussions around the Broadcasting Treaty, and attach great importance to those negotiations. As a matter of priority we need to gain a common understanding as to what our objectives are in terms of problems to be addressed, and the protection to be granted. concerning the treaties for exceptions and limitations, the EU and its Member States believe that the current international copyright framework already enables Member States of WIPO sufficient legal space to ensure meaningful limitations and exceptions in both the analog and digital contexts, while respecting the necessary balance, so that copyright continues to be an incentive and reward to creativity. Therefore the EU and its Member States are ready to debate and work with all WIPO Member States so that these exceptions and limitations function in the best possible way in the framework of existing international treaties. The exchange of ideas and best practices are, for us, the way forward on this issue. |
| 43:55 | El Salvador | The delegation would like to appreciate both the reports and the progress made by the SCCR. We would like to ask the DG and the technical members of the secretariat to continue in their implementation support work. We would like to continue to work on the processes already underway in El Salvador, especially certain areas such as exceptions and limitations in copyright on behalf of libraries and others. We are happy to be taking up, once again, the protection of Broadcasting Organizations. You may recall that our delegation was very committed on this subject, and we hope that we can come to a conclusion of this work. |
| 45:40 | Japan | Japan supports the statement made by Belgium on behalf of Group B, and appreciates the meaningful discussions from the last assembly on the topic of Broadcasters. Express appreciation for the work of the committee, leading to events like the Marrakesh treaty. Reaffirms that the B.Org. is the next target. The Beijing treaty was a necessary advancement, this new treaty will work in the same vein. We already have a text of a draft treaty. What we should do now is to continue concrete discussions on substantial issues such as to reach a consensus, so that a conference can be convened. Japan is keen to further progress towards this goal. Regarding the other two treaties, it is important to ensure a proper balance between right holders and the accessibility to works. The 3-step test has already been introduced in certain Member States as a proper standard. Flexibility will be an important aspect of any such treaty. |
| 48:44 | Thailand | Offer congratulations on the Marrakesh treaty and what it represents as an accomplishment. Look forwards to future successes and constructive discussions on other limitations and exceptions (the two treaties), as well as on the Broadcasting treaty. Finally, it should be highlighted that the norm setting activities in WIPO are not limited to intellectual property laws, but reflect a broader social and development context, in this connection we support the future work of the committee, in the hope that the norm setting activities in WIPO could be achieved and benefit all WIPO Member States . |
| 51:36 | United States | The US supports the statement made by Belgium on behalf of Group B, in particular with respect to the Broadcasting organization treaty, we support priority work on updating this system. The US believes that such protections should be carefully targeted, focusing specifically on any unauthorized simultaneous, or near simultaneous retransmission of broadcast signals to the public over any type of platform. The US is actively preparing for the next SCCR meeting in December, look forwards to advancing the development of treaty text that achieves our common goals. Our specific ideas for the SCCR are as follows: 3 days devoted to Broadcasting Org. during the upcoming December session; 3 sessions in 2014, we would suggest, if possible, sessions in April, July and November; and that the GA, in 2014, would take stock of the progress achieved and decide whether to convene a diplomatic conference in 2015. On the issue of exceptions and limitations, the US has a very well developed range of exceptions and limitations to copyright. Both specific exceptions and our longstanding judicially developed doctrine of Fair use. Against that background, we support work in the SCCR aimed at deepening the mutual understanding of Member States of copyright limits and exceptions in regards to libraries and archives, etc. We stand ready to share our national experiences, as well as to learn from the experiences of other Member States . believe that progress could be made through such discussions. Moving toward norm-setting activities, however, in our view, would not be productive. |
| 54:46 | Mexico | Very happy to see the progress by the SCCR, which is surely due to the very active participation, goodwill and flexibility shown by different Member States . Reminds the GA that in the last few years, 2 important treaties have been adopted and negotiated in that committee (Beijing, Marrakesh). We hope this new spirit of unity, can continue to prevail in the work of the SCCR. We shouldn’t forget the significant technological advances, as well as economic globalization, which are significant challenges for copyright and related rights. Stresses importance of New Media. For both the benefit of culture and the increase of pirating. It is willing to participate in the work of the committee for Broadcasting Organization so that a decision can be made about a diplomatic conference at the next GA. Mexico would like to support the calendar put forward by Poland on behalf of CEBS, and would be prepared to work in this way on this issue. And would also like to continue to facilitate consultations that will allow us to reach a decision on limitations ands exceptions. |
| 58:36 | Kenya | Gives the floor to the african group. |
| 58:51 | President (Chair) | Takes note, but fist we must go through some other delegations. |
| 59:02 | Brazil | Takes the floor on behalf of the Development Agenda Group (DAG). Celebrates the achievements of the SCCR and the 2 treaties of the last few years. Group is fully committed to discussions on limitations and exceptions. We reaffirm the importance of moving forwards in a global and inclusive approach, taking into account the equal importance of all work problem areas. The DAG shares the view that it is possible and viable to find concrete and balanced solutions that can quickly address the multi-lateral context that demands for limitations and exceptions. We hope to count on the concrete contribution of all Member States . The negotiations under way can help both developing and developed countries. Commends the progress made on the Protection of B. Org, we are confident that this will be done while taking into account the DA recommendations. We would also like to add a few comments in our national capacity under this agenda item (under just Brazil): Support for the work of the past few years. In past sessions they have identified that there are concrete needs that need to be met by these new exceptions and limitations, and the advantages of clarifying the concrete implementations of copyright in digital environments to the benefit of copyright holders. Brazil is committed to constructive participation, to these treaties and the Protection of Broadcasting Organization Request a clarification on the Proposal made by Poland on behalf of CEBS. |
| 1:02:45 | Algeria | Algeria is speaking as the coordinator of the African Group and in that capacity we’d like to thank all those involved in the work of the SCCR. Recognize the importance of the issues considered by the SCCR, particularly because there is really a link to the promotion of expertise and knowledge, and that is something that is beyond any doubt. We are committed to the agenda decided on the 24th session. In accordance with that program, limitations and exceptions for libraries and archives are to be the subject of a recommendation to the GA in 2014. Limitations and exceptions for education and research, will be the subject of a recommendation to the GA in 2014. Our group has submitted proposals for an international legal text for both of these issues and we will continue to contribute to the ongoing debate with the view to adopting a treaty on limitations and exceptions. Undoubtedly, discussions of best practices and experiences are very useful, however, we would really like to call the establishment of a binding legal framework that would facilitate access to knowledge through an obligation to provide limitations and exceptions to the international copyright system, in the interests of libraries, archives, education and research. No delegation can deny the need that we have in developing countries to have greater access to knowledge. And it is by counting on that understanding that the African Group would continue to urge the SCCR in redoubling its efforts to obtain that goal. with reference to Broadcasting Organizations, the AG remains committed to discussion on this topic. Lastly the AG would like to recall that the SCCR is one of the committees that reports on it’s contribution to the DA, we therefore believe that establishing norms on limitations and exceptions would allow this committee and WIPO as a whole to ensure that it was doing even more for development issues, and its consistency in that regards. And a point of order, Mme Chair, we, as the African Group, are not familiar with the CEBS proposal, and as Brazil has said, we would like to have more information. |
| 1:05:44 | President (Chair) | Asks if she understood correctly that Algeria is raising a point of order? |
| 1:05:57 | Algeria | It was a procedural point or a point of order if you like, what I was trying to say is that we are unable to respond to the CEBS proposal because we don’t know precisely what it involves, and we wanted more information about the CEBS proposal and more time to study it. |
| 1:06:15 | President (Chair) | Thanks for the clarification. Moves on for now. Gives floor to Poland for their National statement. |
| 1:06:24 | Poland | This is their national statement. Poland has shown support to the SCCR and the Protection of B. Org in the past. The past successes of the last two years are proof of the value of a fair and balanced approach to copyright. The protection of B. Org should be the next main goal. Poland supports the CEBS Statement. |
| 1:08:18 | Egypt | Egypt would like to begin by supporting the statement made by the African Group and by the DAG group. Happy about the progress made by WIPO in recent times. The recent successes prove that we can breathe new life into the copyright system, and do so in a balanced and development focused way. A number of important issues were discussed at the last session of the SCCR, as can be seen by the notes on the report. Discusses the existence of working documents, with proposals from various countries, for the creation of frameworks for exceptions and limitations. Some of these proposals are on people with other disabilities. The org is also committed on the protection of Broadcasting Organization This is the plan we committed to last year. Clearly then the goal is to come to a number of decisions over the next year. Would like to ask Poland for some clarification as to the proposal put forwards by CEBS, and what the impact of that proposal would be on the SCCR’s work plan and on the schedule work that we have. Whether or not it would have an impact on the current schedule is really crucial because we have to strike a proper balance in the work of this committee. |
| 1:12:12 | Morocco | Thanks, and flattery to the President (Chair). Says a few words about a book that is about to be distributed in the room. After the historic success achieved by all of us in Marrakesh, and after Beijing, we have cause to be proud. We should pay tribute to the secretariat and the DG. In the wake of that, we decided to publish a book that really gives you the history of 15 days, two weeks of intense negotiations, fears, even some anguish, stalemates, there were tears, but then there was joy also, there was laughter. We all came together and there was a real political will shown from all parties and we were able to meet one another. We really created what could be described as WIPO’s most beautiful achievement, because for the first time, we have WIPO adopting a text that has a human and a humanitarian dimension. This book gives you the history of this treaty so to speak, the history of its adoption. In includes names of delegations, photographs. the message sent to them by Stevie Wonder. It’s really all the highlights of the treaty. Being distributed to all delegations. Is done as a way of recognizing the cooperation that occurred in Morocco. We say it’s never 2 without 3, so I hope its now time for a 3rd wonderful event. Hope we can breathe new life into negotiations. |
| 1:17:28 | China | Offers thanks for work in the copyright domain. Reasserts their commitment to working on all issues currently being discussed at the SCCR. |
| 1:18:38 | Kenya | The delegation of Kenya identifies with the statement made by Algeria, on behalf of the African group. Praise of the Marrakesh treaty. Welcomes work on the next goal for the protection of Broadcasting Organization There is need to adopt a clear work program, with specific days set aside within the SCCR to provide adequate time to discuss these proposals. on the issue of exceptions and limitations, Kenya wishes to echo the sentiments put forwards by Algeria. They look forwards to having a concrete text to respond to both issues (B.Org and limits and exceptions). The treaty for education and persons with other disabilities, has not yet had the privilege of extensive discussions within the SCCR. But feel confident it will receive adequate time over the next year. This is an issue on which 8 empirical studies have been carried out in Africa, several Member States in africa, have exceptions and limitations for such things, but an international instrument is important in our global times. With clear guidelines and a proper program, this delegation believes that they can create concrete texts to be considered by the GA. |
| 1:21:38 | Islamic Republic of Iran | They would like to support the statement made by Brazil on behalf of DAG. Offers congratulations for recent achievements, hopes that this will lead to further success. Stresses the importance of a robust system of exceptions and limitations, to ensure access to knowledge. They support any pragmatic norm setting solution in moving towards a balanced international copyright law. By the same token, we believe that the work of the SCCR on exceptions and limitations should provide a clear and important example of development oriented norm setting activities. The delegation would like to encourage proper progress on the two treaties for exceptions and limitations. On the issue of Broadcasting Organization, it is important to have in international agreement. Supports continued work on the topic, in order to reach the goal of considering an international conference in the near future. It is, however, important to strike a fair balance between the needs of broadcasting organizations and those of the public at large in term of access. The new treaty should not restrict access to knowledge, information and science to society. Reaffirm commitment to the committee. |
| 1:26:40 | Venezuela | Thanks to the secretariat and congratulations for the Marrakesh treaty. We support a treaty for access for people with other disabilities, for libraries and archives, and we think that the path is right in terms for exceptions and limitations for developing countries. In the protection of Broadcasting Organization the delegation thinks a conference on the subject is premature, especially with delegations such as mine who believe that copyright is a part of human rights for individuals and not as platforms for their transmission. They would also like to note that this is the 2nd time at the GA that CEBS is presenting as a group a proposal of this type without having brought it to the attention of the committee itself, which means that the situation is rather uncomfortable for the other Member States and is in fact setting a poor precedent for this organization. |
| 1:28:24 | India | Offers congratulations for the Marrakesh treaty. Reaffirms commitment to working on the B. Org treaty, based on a signal based approach for broadcasters in the traditional sense. India reiterates its opposition to the inclusion of any webcasting and simulcasting issues under the framework of the proposed broadcasting treaty. India request that the GA affirm its mandate from 2007 in this regards (that the treaty is for traditional broadcasting). They will be happy to participate in constructive discussion at the next SCCR session. India also submitted a proposal of legal text giving alternatives covering all the outstanding issues during the outstanding meeting on the Protection of B Org. India looks forwards to discuss the proposed treaties on limits and exceptions for libraries and archives. Sharing of materials is vital for all, and particularly developing countries. It also looks forwards to discussing the treaty for education and research and people with other disabilities. As far as the CEBS proposal is concerned, the Indian delegation would like to state more time is required to examine this proposal and respond to it. |
| 1:32:35 | South Africa | South Africa supports the statements made by Algeria and brazil on behalf of the African Group and the DAG. Welcomes the Marrakesh treaty and offers praise to delegates for their hard work. Hope this same cooperation will come out in the treaties for limits and exceptions. Developing countries need access to educational materials, to improve the socio-economic well beings of their economies, as well as overall development. Also look forwards to participation in discussion on the treaty for protection of Broadcasting Organization They concur with the sentiments expressed by Kenya in regards to the need for a concrete work plan. |
| 1:34:20 | Nigeria | They align themselves with the statement made by Algeria on behalf of the African Group. Offers congratulations on the 2 treaties of recent years. Reaffirms is commitment to WIPO and informs of reforms occurring in the country to meet and implement them. Stresses the importance of the two treaties for new limits and exceptions up for discussion at the SCCR. Pleased by the progress for the Protection of B Org, with the goal or convening a diplomatic conference in 2014. This is important given the development of new technologies. While they would reaffirm the importance of a signal based approach, we wish to underscore the need to continue to maintain a flexible approach that will take into account future technological developments without prejudice to the rights of owners of broadcasts’ content. Feels confident in the future work of the committee. |
| 1:37:35 | President (Chair) | Checks to see if any further Member States would like to take the floor at this stage, of if they can move on to observers. |
| 1:37:59 | Poland | He asked the secretariat in the morning to distribute the papers which he had prepared before hand. This document has still not been distributed, in this room, if I understand. |
| 1:38:21 | President (Chair) | Confirms that it has, in fact, been circulated. |
| 1:38:25 | Poland | Apologizes for the misunderstanding. |
| 1:38:30 | President (Chair) | Moves on to Observers. |
| 1:38:40 | WBO | Speaks as a regular attendee at the GA and at meetings of the SCCR, for the SCCR. As a blind person himself, it gives him much pleasure to represent the WBO today, to bring you this short message: The WBU would like to express, on the record, its sincere appreciation the the WIPO Member States and the secretariat for giving us the Marrakesh treaty. They feel sure that this treaty will help to end the book famine. Gives warm thanks. Rest assured that the WBU places signifiant importance on the need to protect right holder’s interests. This goal is completely compatible with bettering the lives of their members. Any law is only of use if it is implemented. Will work to make sure that the treaty is ratified, and gives the benefits they were promised. It will take 20 countries to place the treaty into full effect. The more it is ratified, the better for everyone. They urge everyone to encourage their capitals to develop a speedy strategy for ratification. Again a warm thanks for all their participation in this event. They look forward to working along side them in the future on this project. |
| 1:45:23 | KEI | Have already spoken on the Marrakesh treaty. First they would like to echo the sentiment of certain countries that there should be an evidence based approach if possible within the SCCR to identify problems or challenges that exist in the copyright system, and as regards norm setting, I think the process should be people should explain why norm setting is needed or why it’s not needed and when they think its needed, you have to craft a solution that relates to the identified problems. As regards the broadcasting issue, so many countries spoke as if its some forgone conclusion that there is this big problem that has to be solved in the broadcasting thing, but there were no concrete descriptions of what that problem was. From their point of view, they’d like to avoid a situation where there is a treaty on broadcasting organizations that creates a new layer of permissions that people have to get if they want to use copyrighted works, or that undermines the interests of copyright owners of works. It may be that there are some gaps in the enforcement and that’s what a number of the broadcasters have explained to them. But it’s just not obvious to us why the broadcasters can’t solve the problem they have in enforcement under the existing copyright system, or through market transactions. There may be a problem they are not seeing, but it is not clearly being discussed. So that it is unclear that solving this problem is the goal of this treaty, or if this is not just a case of expanding the economic rights of broadcasting organizations. Also, if you can’t reach an agreement on how to handle the economic rights and issues, then he believes that they should just take it off the SCCR agenda, and stop pretending like there is some consensus on this. You could get a consensus on solving some identifiable enforcement problem, if you can identify what that is, but there seems to be a fundamental difference of opinion about whether people who own tv and radio stations should get a slice of the economic rights of works that they don’t own and didn’t create themselves. As for Libraries, archives, education and research, its good to keep working on these areas. As a general rule, that people also take a parallel look at updating the 1976 UNESCO – WIPO Tunis monologue on copyright exceptions. Its a little out of date. It would be interesting to see if it’s possible to have a fairly transparent process that was similar to the to the 1976 process, and that might be an interesting complement to the work on binding norms. When looking at exceptions and limitations, you have to take a hard look at the 3 step test. Basically, it’s a potential disaster if broadly applied to regulate all exceptions, and if it becomes subject to investor state sanctions or other dispute resolutions and trade agreements, I don’t people here fully appreciate the risk that the 3 step test presents to countries, if they’re going to sign a trade agreement like the TPP agreement, or some agreement with the EU or the US, and put in some kind of investor rights into it. Like Canada is finding out right now in this patent case, where Eli Lilly is suing Canada for loosing a patent case through the courts. If you can be sued under these trade agreements, under the 3 step test, it’s going to be a risky proposition for people. I also think that, if aggressively proposed, the 3 step test is kind of an anti-democracy measure. You take away the right of governments, and even bodies likes this to craft exceptions that solve problems in society. And I think that the right owner groups that really push for this 3 step testing, don’t really like democratic decisions on copyright policy. I don’t think you should go down that route, I think it’s a mistake. And I think it’s important to have this fleshed out more, and have better experts really examine what your options are in these matters. |
| 1:51:18 | NABA | Represents private and public sector broadcasters in Canada, Mexico and the US, in alliance with broadcasting unions all over the world. They join together to urge WIPO to accelerate and prioritize work on a new treaty to update the international regime for the protection of broadcast signals. Piracy and appropriation is a serious and ever increasing threat to broadcasters activities. New digital technologies have exacerbated the issue. Piracy harms not only the broadcasters, but also all the creative contributors to, and consumers of broadcasting services. A treaty updating rights and protections of many rights holders was created by WIPO in 1996, and last year they adopted new rights for audio-visual performers. Broadcasters have a similar need for updated protection. The 1961 Rome convention is outdated and wholly inadequate in today’s modern communications environment, not addressing most of the current broadcast mediums. The need for this update has been broadly recognized and supported by WIPO members, more than 15 years of work has been done (case studies, economic analysis, legal research, consultations, etc). This extensive work provides much evidence of the problems broadcasters face. Given the strong need and the years of research already done, NABA urges the GA to direct that the SCCR now accelerate work on a treaty text on a priority basis with a view to presenting next year’s GA with a treaty proposal suitable to support the convening of a diplomatic conference in 2015. Thanks to the US, CEBS and others for their contributions on this matter. |
| 1:54:19 | IVF | As concerns limitations and exceptions on the agenda of the SCCR, IVF is not convinced additional binding norms at an international level are the solution. Rather, developing countries’ legitimate request for adapting their copyright laws to the global online environment should be addressed holistically. While adequate access is a legitimate concern, so is copyright protection. We believe that existing treaties (in particular the WIPO copyright treaty), offers all necessary tools and flexibilities for balancing exceptions with rights. On the protection of Broadcasting Organizations, if the work towards a treaty proceeds, we support and instrument focused on signal piracy effectively protecting the interests of broadcasting organizations without impinging on the underlying rights of copyright owners, provided it is without negative impact on the international copyright framework. |
| 1:55:47 | IFLA | The institution representing libraries in over 160 countries. Like many others, they were thrilled by the results of the Marrakesh treaty. WIPO has more to do to ensure that users rights remain an integral part of the international copyright regime. Thus they look forwards to the discussion on the agenda of the SCCR this December, regarding the limitations and exceptions for libraries and archives. Libraries have always had a special place in the copyright ecosystem. Libraries hold a critical and privileged role in the preservation of cultural heritage. They also hold another critical role in educating users about permissible uses of copyrighted works. They are a critical intermediary between rights holders (mainly publishers) and our users. In a digital world where information is increasingly borderless, however, the disparity between national frameworks on exceptions for libraries makes it virtually impossible to competently fulfil our role as intermediaries. As the study commissioned by WIPO and completed my professor Kenneth Cruz in 2008 demonstrated, it is problematic to ascertain what library exceptions exist in many countries, and discouraging to note that approximately 25% of WIPO Member States , located almost totally in Africa and Latin America, have either no exceptions for libraries or such a general exception that provides little useful guidance for libraries and our users. It is a chaotic international environment. Look forwards to further discussion of a text based instrument regarding exceptions and limitations for libraries and archives. Many Member States have proposed specific texts, which should be the focus of discussion so that the SCCR can submit recommendations on the subject to the GA by no later than the 28th session. |
| 1:59:27 | EBU | Broadcasters have the responsibility to inform, educate, and to entertain. Stress that today, live television is the fastest sector of copyright infringement. This has been confirmed by many studies and regional meetings over recent years. Signal piracy affects all broadcasting organizations. An urgent global solution is needed. Highlights 3 elements: 1. broadcasting is a dynamic process, as they serve the needs of the public. They are both traditional and modern. 2. the broadcasting treaty is not simply about protecting a business model, broadcaster provide jobs, entertainment and promote cultural events, in a way affordable to everybody. this treaty is about the service and innovation that broadcasters bring to the public at large. Gives the example of the BBC. The lack of this treaty cripples organizations from serving the public in the best ways possible. 3. The misappropriation of broadcast signals also affects other right holders. Wants to correct some misunderstandings. As the treaty only protects the signals, the rights of the contributing content owners remains unchanged. The treaty does not deal with contracts. It follows in the vein of the Rome convention, and therefore does not take away from the rights of content owners in any way. Piracy is a threat to the convenient access of information, it is a threat to easy access to education, in short it is a threat to affordable access to knowledge, and to the promotion of local culture by broadcasting organizations. This GA should urgently accelerate and finalize the work on the Broadcaster’s treaty, the work plan as promoted by the CEBS Group and supported by other states is in our view the best way forwards. |
| 2:04:51 | IPA | Offers congratulations to WIPO on the Marrakesh treaty. We call on Member States to implement all WIPO treaties, so that an overall robust and flexible IP system can be applied. With respect to accessibility, the work is not over. Now that the treaty is written, we need to implement it to create concrete results. This requires a very different kind of effort than what we’ve had so far. Makes a brief statement on the future work of the SCCR. The Marrakesh treaty was a very special case with many distinct features that are unique. And they were very different than those of the other current issues such as those surrounding libraries or educational institutions. We have to take these differences into account and recognize that the circumstances don’t apply to both. IPA calls on Member States to reassess the facts and look at the implications of international treaties for libraries and education. They believe a more locally focused approach might fair better. It is not the role of international treaties to cajole or budge or bully Member States into doing things that they can already do under existing legal frameworks. |
| 2:08:06 | President (Chair) | Thanks all Member States and observers for their contributions. Asks if anyone else would like the floor. |
| 2:08:23 | Brazil | Would like to react to the proposal just briefly presented to the Member States . Thanks Poland for sharing with everyone a hard copy of their proposal. We understand that we have already decided on the guidance of the SCCR. I would like to then request that those who would like to have a specific framework to be approved along with this mandate, should then have a discussion prior to defining this framework. Having just received this proposal, he has to consult with his Capital, and they are not in a position to approve this proposal raised by the CEBs Group and the US. |
| 2:10:07 | Ecuador | Apologizes for not being present earlier. Would like to briefly say something. Offers congratulations for the Marrakesh treaty. They are taking all necessary steps to quickly ratify this treaty. We also support the treaty for access for libraries, archives and persons with other disabilities and we hope that we can make headway on these issues in the future. |
| 2:11:23 | President (Chair) | Asks if there are any other delegations who would like to take the floor. Checks to see if Mr Clark would like to take the floor. Having heard delegations comments, proposals and statements, she believes that they are not in the position at this time to take a decision on this agenda point. Will discuss things with the regional coordinators and reflect on how to formulate the decision of the GA for this agenda item. Suggests that they return to this agenda item at a later time. (2:12:55) |
[endsection]
[section=Item 36 ii (Standing Committee on the Law of Trademarks, Industrial Designs and
Geographical Indications (SCT))- Thursday, September 26th (Afternoon Session)]
| Time | Country/NGO | Notes |
| 0:00 – 5:25 | Chair, Vice President on SCT, | Introduction of Item 36, subsection ii on SCT: Background is given on this topic historically in WIPO as well as current work done in this area and by this committee. |
| 5:42 – 9:08 | El Salvador | Should continue to work on regional and international agreements on trademarks. This country has a proposal for this area so it will continue to be interested in this area in the meeting in November.It feels as though one item was left out during initial statements: El Salvador supports work being done in technical assistance and capacity building and under the guidance of chairmanship there should be conclusion of this work and diplomatic conference.Geographic indications has not been considered enough because many delegations were not offering any additional comments. |
| 9:12 – 10:57 | Jamaica | Supports the protection of country names. Works with SCT to find suitable approach for this. Most recent documents made by SCT is limited to particular circumstances and, therefore, inadequate. In order for state names to be adequately protected, a joint agreement with General Assembly should be made. Intends to put forward an updated proposal for this work. |
| 11:03 – 12:19 | Switzerland | Endorses El Salvador and Jamacia’s statements. Looks forward to seeing updated proposal. Protection of country names is of great importance in terms of rules in using the country names on products. Geographic indications should be further discussed and protected in their own right and as they pertain to domain names. |
| 12:35 – 17:34 (Not done) | Algeria | Claims to speaking on behalf of the African group. Will come up with draft treaty by the end of this meeting that will take into account all recommendations.Cares to carry out study looking into a harmonized procedure for the registration of designs.Reports data found from studies between low income and high income countries. |
| 17:41 – 18:28 | China | Appreciates advancement of design treaty. |
| 18:36 – 19:58 | Poland | Work on harmonization of international design laws and the texts surrounding it are mature enough such that they should come to general assembly decision for the adoption of the treaty at the beginning of 2014. |
| 20:01 – 23:14 | Lithuania / European Union | Reaffirms its support for SCT. Supports proposals for harmonized design registration and formalities. Should not consider technical capacity building as a problem should be solved before it is discussed at a general assembly. “We know from experience that it’s a problem we can easily solve. |
| 23:21 – 25:34 | Belgium / Group B | Recommends reconvening of assembly in 2014 for adoption of a design law treaty.Further progress is needed for a concrete outcome in technical assistance. |
| 25:44 – 28:33 | Iran | Is of the view that the work of SCT should be in conformity with development agenda and its requirements. It is premature to decide at this point on this committee. There should be more work done to come to a mutual understanding between all nations that the text is mature enough. The most recent SCT assembly has not stated that the text is mature enough and neither have many states. |
| 28:45 – 29:50 | United Kingdom | Supports statements from Belgium on behalf of group B, UE and its member states. |
| 30:01 – 30:45 | Germany | Supports convening of a meeting on SCT in 2014. |
| 30:48 – 32:11 | Japan | Aligns itself with statements made by Belgium. Draft text is ready for adoption. |
| 32:22 – 33:49 | Norway | Supports Group B statements. The time is right for a diplomatic conference on this issue. |
| 33:57 – 35:38 | Spain | Supports EU and group B statements. Believe that the possibility of a diplomatic conference in 2014 should be considered for industrial design. |
| 35:47 – 36:10 | Canada | Supports statements made by Belgium, Group B and recommendation for diplomatic conference on Design Law. |
| 36:18 – 3:03 | Venezuela | Acknowledges most countries support for the advancement of this issue to a full diplomatic conference but believes that the needs of the development group should be accounted for and doing so is well within the mandate and capability of the general assembly. |
| 37:23 – 37:59 | France | Supports group B and EU. Believes the text of the treaty on industrial design has reached a level of maturity. A diplomatic conference in 2014 can be called for. |
| 38:04 – 39:13 | Chile | Wanted to underline what they said in their opening statements. The DLT does not seek to change any substantive elements of IP and therefore cannot see a difficulty in reaching consensus. The degree of maturity in the text is considerable. Future meetings will allow for it to be fully realized. |
| 39:19 – 39:52 | Hungary | Aligns itself with EU. Believes that draft articles are mature enough and thus should be discussed in a diplomatic conference in 2014 to finalize and implement this treaty. |
| 40:05 – 40:31 | Belgium | Reiterates its belief that texts are mature. |
| 40:37 – 41:30 | Italy | Aligns with Group B and EU. Facilitating a system that will simplify the registration of industrial design will benefit all parties. |
| 41:37 – 42:19 | Portugal | Supports EU and Group B. Believes that all issues have been resolved so a diplomatic conference in 2014 is due. |
| 42:23 – 43:00 | Guatemala | Supports the promotion of a diplomatic conference and the discussion of technical assistance therein. Supports the statement made by Jamaica regarding country names. |
| 43:08 – 43:52 | South Africa | Despite good progress made in SCT, it is still not sufficient for SCT to recommend the convening of a diplomatic conference. There is a need for more development of technical assistance and capacity building to reach a better company, taking into account developing countries and LECs in line with Development Agenda recommendations. |
| 44:02 – 44:36 | Ecuador | Expresses support the holding of a diplomatic conference on industrial design. |
| 44:39 – 45:26 | Egypt | Supports statements of African Group and South Africa; draft treaty should contain articles on capacity building and technical assistance. Such an article should be included so that all member states can participate fully in the treaty. |
| 45:49 – 48:20 | TWN (Third World Network) | Flags the following issues:
The development implications of trademarks should be reviewed, especially in the cases of public health issues, vis a vis new generation trademarks like smell, taste, look and feel, on access to medicine. WIPO, as part of the taskforce on tobacco control should discuss the promotion plain packaging for tobacco products and alcohol. Generic names for medicines and baby food should also be discussed. |
[endsection]
[section=Item 36 iii (Committee on WIPO Standards (CWS))- Thursday, September 26th (Afternoon Session)]
| Time | Country/NGO | Notes |
| 49:02 | Chair | Opens discussion for sub item iii. Suggests that it be discussed at a later stage since it may be subject to consultations. |
| 49:43 – 50:13 | Belgium, Japan, US | Agree. |
[endsection]
[section=Item 36 iv Advisory Committee on Enforcement (ACE))- Thursday, September 26th (Afternoon Session)]
| Time | Country/NGO | Notes |
| 50:43 – 51:08 | Chair | Introduces sub item iv. |
| 51:08 – 53:05 | Deputy Director General, Global Issues Sector | Gives background on sub item and the documents that are available for it presently. |
| 53:19 – 55:25 | Belgium / Group B | Creation and innovation are important to global economy. IP rights are important to incentivize. Enforcement measures are needed. Group B reiterates importance in this committee and effective enforcement of IP rights in general.Group B looks forward to further wok in 9th session of this committee. Previous meeting established that it would enable to better understand practices and operations of alternative dispute resolution systems for IP rights. Also, focus on preventative actions that compliment ongoing enforcement measures with an aim to reduce the size of the pirated/counterfeit market. |
| 55:34 – 57:33 | United States | Fully committed to working closely with WIPO in shared commitment to assist developing and least developed countries in improving IP rights enforcement. ACE provides a valuable forum in which to exchange info and best practices concerning enforcement.US hopes committee will maintain focus on objective set for in its mandate:
US does not support work that distracts from this mandate. Looks forward to other countries’ work and discussions of alternative dispute measures. |
| 57:47 – 59:56 | Brazil / Development Agenda Group | Important to have a multilateral forum for all countries to share.DAG is committed to further the development of this sub item to protect producers in rights holders in developed and non-developed countries alike. |
| 1:00:03 – 1:01:45 | El Salvador | Happy with the findings in the latest meeting on this sub item and looks forward to work to be done. |
| 1:01:51 – 1:03:15 | Trinidad and Tobago | Stated the beginning of a national program in respects to the issues covered by ACE. An outreach and awareness program has already begun. |
| 1:03:23 – 1:05:21 | Poland / Central European and Baltic States Group | Looks forward to intensify work in enforcement and prevention in IPRs. One of the most important goals for WIPO should be measures to measure the extent of socioeconomic effects of infringement. Better stats and info on scope, scale, and impact of counterfeiting and piracy.ACE should distribute knowledge on best practices in enforcement and awareness about risk.SEBS welcomes proposal for 9th meeting of ACE as well as plan for extension of session from 2 to 3 days. |
| 1:05:25 – 1:06:02 | Canada | Supports statement of Belgium / Group B.Supports work done by the ACE especially enforcement and technical assistance. IPR enforcement is important and supports committee in any proactive efforts. |
| 1:06:11 – 1:06:22 | Lithuania | Gives floor to EU to give statement on behalf of its member states. |
| 1:06:23 – 1:08:01 | European Union | Urges committee to intensify efforts to build shared understanding so that preventative efforts can be improved and adopted.Alternative dispute resolution systems that are accessible to all rights holders are key components to legal address. EU welcomes proposed emphasis of ACE on these areas against IP infringing activities.IPR should be accessible for producers to invest and create. Measures for enforcement, then, should be developed. |
| 1:08:16 – 1:12:07 | Third World Network (TWN) | Efforts to address IP enforcement should be done in balanced manner and with Development Agenda in mind.There is a concern with a number of TRIPS and IP enforcement issues including promotion of anti-counterfeit legislation in developing countries.IP protection and its enforcement should respect other competing legal obligations of member states especially human rights obligations (development, to help, education, enjoy benefits of scientific progress). Flexibilities that exist in IP regime do not only cover IP protection but also enforcement of IPR. A maximal approach to enforcement can hinder the ‘catching up’ of developing countries in terms of technological advancement. It may also hamper existing business such as what happened with Apple (Samsung patent infringement). The US president stepped in and bypassed a quasi-judicial order to avoid further damages. This example was used to demonstrate flexibility in existing national regimes to curb harmful effects of IP enforcement. Obama’s veto suggests that other countries should incorporate similar flexibilities into their own IP legislation and use these powers to help their vast population achieve their rights to help, to enjoy scientific advancements and development. I.e. developing countries should use these powers to protect commercial interests as well as human rights.Also expresses concern in public/private partnership in IP enforcement. There is an inherent conflict of interests which would void the neutrality of these agreements.Secretariat should avoid financial and technical collaborations with agencies that support maximalist IP enforcement policies. Rather, urges an evidence-based approach from independent and verifiable evidence.Secretariat should make everything transparent and accountable. Activities should be made public: meetings, presentations, individuals, etc. |
| 1:12:08 – 1:12:44 | Chair | Adopted. |
[endsection]
[section=Item 41 (WIPO Arbitration and Mediation Center, including Domain Names) – Thursday, September 26th (Afternoon Session)]
| Time | Country/NGO | Notes |
| 1:13:58 – 1:14:34 | Chair | Opens Item 41, WIPO Arbitration and Mediation Center, including Domain Names. WO/GA/43/17 is in consideration. |
| 1:14:37 – 1:17:26 | Deputy Director, Global Issues Sector | Introduces the work of the WIPO Mediation Center and its future work. |
| 1:17:50 – 1:18:50 | Chair | Adopted. |
[endsection]
[section=Item 42 Cooperation under the Agreed Statements by the Diplomatic Conference regarding the Patent Law Treaty (PLT) – Thursday, September 26th (Afternoon Session)]
| Time | Country/NGO | Notes |
| 1:18:24 – 1:19:02 | Chair | Opens item 42 (Cooperation under the Agreed Statements by the Diplomatic Conference regarding the Patent Law Treaty (PLT) WO/GA/43/15). |
| 1:19:11 – 1:19:58 | Acting Director, Patent Law Division | Introduces PLT and WO/GA/43/15 and its present and future work. |
| 1:20:00 – 1:20:33 | Chair | Adopted. |
[endsection]
[section=Item 30 – WIPO Governance – Tuesday, October 1st (Evening Session)]
| Time | Speaker/Country | Summary of what was said |
| 23:40 – 25:28 | President (Chair) | Moves on to article 30, Governance at WIPO. This agenda item has been mentioned at meetings of regional coordinators this week, and informal consultations may be required. Therefore, she suggests that they take up this agenda item at a later stage, when the chair has had a chance to consult the regional coordinators on this particular issue. Asks if delegations could approver this approach, and sees no objections, so it is decided. Before they close the item, there is some confusion about whether the EU wants to make a quick statement, but they do not. |
[endsection]
[section=Item 14 (Proposed Program and Budget for the 2014/15 Biennium) – Tuesday, October 2nd (Afternoon Session)]
| Time | Speaker/Country | Summary of what was said |
| 58:50 | President (Chair) | As announced the day before to the GA, informal consultations are being conducted on some elements of this agenda item, therefore she would suggest that they take up this agenda item at a later state. It is agreed. (59:28). |
[endsection]
[section=Discussion of Extraordinary Session – Wednesday, October 2nd (Evening Session)]
| Time | Country | Notes |
| 1:23:29 – 1:28:45 | Secretary of the Assemblies | Goes through agenda items to give status of each item in which discussions have taken place and gavelled in this assembly:1. Opening of the Sessions
2. Election of the Officers (A/51/INF/4) 3. Adoption of the Agenda
4. Director General’s Report 5. General Statements Governing Bodies and Institutional Issues 6. Admission of Observers (A/51/2 Rev.) 7. Approval of Agreements (WO/CC/67/1) 8. Appointment of the Director General in 2014 (A/51/3) 9. Composition of the WIPO Coordination Committee; Election of the Members of the Executive Committees of the Paris and Berne Unions and Designation of the ad hoc members of the WIPO Coordination Committee (A/51/4) 10. Composition of the Program and Budget Committee (WO/GA/43/1) Program Performance and Financial Review 11. Program Performance Report (A/51/5) (A/51/5 ADD.) (A/51/13) (A/51/14) 12. Financial Review:
13. Report on the Implementation of Cost Efficiency Measures (A/51/17) (A/51/14) Planning and Budgeting 14. (Discussed but not gavelled) Proposed Program and Budget for the 2014/15 Biennium (A/51/7 Rev.) (A/51/INF/6) (A/51/INF/6 Add.) (A/51/INF/6 Add.2) (A/51/INF/6 Add.3) (A/51/13) (A/51/14) 15. Capital Master Plan (A/51/16) (A/51/14) 16. Budgetary Process Applied to Projects Proposed by the Committee on Development and Intellectual Property (CDIP) for the Implementation of Development Agenda Recommendations (A/51/15) (A/51/13) 17. Financing of Long-Term Employee Benefits at WIPO (A/51/18) (A/51/13) 18. Proposed Definition of “Development Expenditure” in the Context of Program and Budget (WO/GA/43/21) (A/51/14) Progress Reports on Major Projects and Administrative Matters 19. Progress Report on the Implementation of a Comprehensive Integrated Enterprise Resource Planning (ERP) System (A/51/8) (A/51/14) 20. Progress Report on the New Conference Hall Project and New Construction Project: (A/51/9) (A/51/14) 21. Progress Report on the Project to Upgrade the Safety and Security Standards for the Existing WIPO Buildings (A/51/10) (A/51/14) 22. Progress Report on the Information and Communication Technology (ICT) Capital Investment Project (A/51/11) (A/51/14) 23. Progress Report on the Implementation of WIPO Language Policy (A/51/12) (A/51/14) 24. Final Report on the Implementation of the WIPO Strategic Realignment Program (SRP) (WO/GA/43/20) (A/51/14) Audit and Oversight 25. Report by the WIPO Independent Advisory Oversight Committee (IAOC) (WO/GA/43/5) (A/51/14) 26. Report of the Selection Panel for the Appointment of the New Members of the WIPO Independent Advisory Oversight Committee (WO/GA/43/6) (A/51/14) 27. Summary Annual Report of the Director of the Internal Audit and Oversight Division (WO/GA/43/7) 28. Report by the External Auditor (WO/GA/43/8) (A/51/14) 29. Report on the Implementation of the Joint Inspection Unit Recommendations for the Review of WIPO Legislative Bodies (WO/GA/43/19) (A/51/14) 30. (Discussed but not gavelled) Governance at WIPO (WO/GA/43/18) (A/51/14) WIPO Committees and International Normative Framework 31. Report on the Outcome of the Marrakesh Diplomatic Conference to Conclude a Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities (WO/GA/43/9 Rev.) 32. Report of the Committee on Development and Intellectual Property (CDIP) and Review of the Implementation of the Development Agenda Recommendations (WO/GA/43/10) (WO/GA/43/11) 33. (Discussed but not gavelled) Consideration of the convening of a Diplomatic Conference for the Adoption of a Design Law Treaty (WO/GA/43/12) 34. (Discussed but not gavelled) Matters Relating to the Standing Committee on Copyright and Related Rights (SCCR) (WO/GA/43/13) 35. Matters Concerning the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) (WO/GA/43/14) 36. Reports on other WIPO Committees (WO/GA/43/16)
Global Intellectual Property Systems 37. PCT System (PCT/A/44/1) (PCT/A/44/2) (PCT/A/44/3) (PCT/A/44/4 Rev.) 1 38. Madrid System (MM/A/46/1) (MM/A/46/2) (MM/A/46/2 Rev.) 39. Hague System (H/A/32/1) (H/A/32/2) 40. Lisbon System (LI/A/29/1) 41. WIPO Arbitration and Mediation Center, including Domain Names (WO/GA/43/17) Other Assemblies and Treaties 42. Cooperation under the Agreed Statements by the Diplomatic Conference regarding the Patent Law Treaty (PLT) (WO/GA/43/15) 43. Patent Law Treaty (PLT) Assembly (PLT/A/11/1) 44. Singapore Treaty (STLT) Assembly (STLT/A/5/1) Staff Matters 45. Annual Report on Human Resources (WO/CC/67/2) (WO/CC/67/2 Corr.) (A/51/14) 46. Revision of the Staff Regulations and Rules (WO/CC/67/3) (WO/CC/67/3 Corr.) Closing of the Sessions 47. (Discussed but not gavelled) Adoption of the General Report and of the Individual Reports of each Governing Body (A/51/20 Prov.) (WO/GA/43/22 Prov.) (WO/CF/33/1 Prov.) (WO/CC/67/4 Prov.) (MM/A/46/3 Prov.) (H/A/32/3 Prov.) (PCT/A/44/5 Prov.) (PLT/A/11/2 Prov.) (STLT/A/5/2 Prov.) (P/A/46/1 Prov.) (P/EC/52/1 Prov.) (B/A/40/1 Prov.) (B/EC/58/1 Prov.) (N/A/32/1 Prov.) (LI/A/29/1 Prov.) (LO/A/32/1 Prov.) (IPC/A/33/1 Prov.) (BP/A/29/1 Prov.) (VA/A/25/1 Prov.) (WCT/A/12/1 Prov.) (WPPT/A/12/1 Prov.) |
| 1:27:50 – 1:30:29 | United States | Respects the review of items that have been gavelled or not but does not feel that anything more can be done in the same night because there is no report available. He stresses that nothing further happens until the extraordinary session. |
| 1:32:15 | Iran | Legally speaking, wants some ambiguities clarified. If there is no decision or reports available until December. |
[endsection]