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    WIPO Negotiations Appear Nearer On Treaty For The Blind

    Published on 23 November 2012 @ 5:32 pm

    By , Intellectual Property Watch

    Negotiations at the World Intellectual Property Organization on the draft text of a treaty on copyright exceptions to benefit visually impaired persons are heading into the final evening of a weeklong committee meeting. Negotiators have made several modifications to the text since yesterday, and work is continuing.

    This morning a new version of the draft text was issued and presented, and an updated version was released at the beginning of the afternoon session. The hope is that a text can be transmitted to an Extraordinary General Assembly scheduled for 17-18 December, which will be convened to decide upon a diplomatic conference in 2013. A General Assembly is a meeting of all WIPO member states, usually held once a year in September-October. A diplomatic conference is a top-level treaty negotiation.

    The text released this morning was dated 22 November, and is available here [pdf]. At press time, a 23 November version with slight modifications was issued, and will be made available here as soon as possible.

    Delegates attending the 19-23 November 25th session of the Standing Committee on Copyright and Related Rights (SCCR), including experts from capitals, are working to find consensual language in several areas.

    The 22 November version of the text reflects the changes resulting from yesterday’s late evening informal session.

    Meeting Chair Darlington Mwape of Zambia said this morning, after the release of the 22 November version, that progress had been made but that “outstanding” work was still needed on this part of the committee’s agenda (IPW, WIPO, 21 November 2012). The agenda also included issues such as a treaty on broadcasters’ rights.

    The WIPO secretariat presented the changes in the 22 November version. The preamble is now a stable text, the secretariat said. Some brackets (reflecting lack of agreement) are still showing in the eighth paragraph, on the role of rights holders in making their works accessible for people with visual impairments and print disabilities.

    In Article A, on definitions, the definition of “work” is now cleaned of brackets, said the secretariat, with a footnote offering clarification on audio books. The definition of “authorized entity,” which designates institutions that will be providing special format works to visually impaired and print-disabled persons, is also now clean, also with a footnote, clarifying the word “primary” in a sentence describing primary activities of institutions. Both footnotes mention the future drafting of an “interpretative understanding/agreed statement.”

    A change was also made to Article Bbis, on the nature and scope of obligations, by moving a “cluster package” on principles of application. In the two previous versions of the draft document, the article included the “cluster package” from a group of members that worked on the article before this week’s meeting. The voluntary member group included Brazil, the European Union, India, Nigeria and the United States.

    The “cluster package” on principles of application now appears at the end of the draft treaty text and the language on principles has been modified, the secretariat said. But it is unclear how it was modified.

    Both the principles of application, which include reference to national implementation of the future instrument, and the text of Article Bbis remained bracketed in the 22 November text.

    According to the secretariat speaking in plenary this afternoon, a 23 November version of the draft text was issued this afternoon and adopted as a working document by the plenary.

    The secretariat said it shows modifications in Article D, on cross-border exchange of accessible format copies. In particular, the last paragraph of the article that was bracketed is deleted. The paragraph referred to authorised entities’ knowledge of the use of accessible format copies by other than beneficiary persons.

    In the principles of application, under the “respect for copyright” provision, the last sentence of the second paragraph has been deleted, the secretariat said. The sentence referred to exceptions and limitations provided by national law.

    Catherine Saez may be reached at info@ip-watch.ch.

     


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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