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    Last Drafting Effort On WIPO Treaty For The Blind Before Diplomatic Conference

    Published on 17 April 2013 @ 8:09 pm

    By , Intellectual Property Watch

    In an effort to clean up a draft treaty text providing limitations and exceptions to copyright for blind and visually impaired persons, World Intellectual Property Organization members will meet this week for intense drafting sessions. The text, once cleaned, is expected to be sent to a top-level treaty negotiation in June.

    The Informal Session and Special Session of the WIPO Standing Committee on Copyright and Related Rights (SCCR) is meeting from 18-20 April. Delegates will be working on a draft text [pdf] of an international instrument/treaty on limitations and exceptions for visually impaired persons/persons with print disabilities.

    According to Michele Woods, director of the WIPO Copyright Law Division Culture and Creative Industries Sector, among the remaining issues are: commercial availability, the provisions on the cross-border exchange of accessible format copies, technical measures of protection, and the right of translation, she told Intellectual Property Watch. Delegates are ideally expected to go through the whole draft text but will likely focus on the core topics and how Articles C (national law limitations and exceptions on accessible format copies), D (cross-border exchange of accessible format copies) and E (importation of accessible format copies) will operate, she said.

    A revised version of the draft text is expected to be released at the end of the three-day meeting with possible intermediary drafts. At the end of the third day, the preparatory committee will meet to decide whether to send the updated text to serve as the basic proposal for the diplomatic conference in Marrakesh, Morocco, from 17-28 June, according to WIPO.

    The preparatory committee could also examine some issues left open in the draft administrative and final clauses for the treaty, although those matters could be addressed in Marrakesh, Woods said. Among those issues are the eligibility for becoming party to the treaty, and the conditions of the entry into force of the treaty, which are articles (not numbered) with remaining brackets in the Draft Administrative Provisions and Final Clauses of the Treaty to be Considered by the Diplomatic Conference.

    The SCCR already held a special session dedicated to further drafting of the treaty text from 18-22 February (IPW, WIPO, 23 February 2013).

    According to several developing countries at the February meeting, main concerns remain in Article D on cross-border exchange of accessible format copies. This issue is the principle raison d’être of the treaty, which was requested by visually impaired people to be able to access special format copies of books across borders. Article D contains references to commercial availability.

    Developed countries at the February meeting insisted on the need for more work on the text.

    The World Blind Union, whose members would be the prime beneficiaries of the treaty, said in February, “We are not copyright experts and do not have particular views on the three-step test, or fair dealings, or fair use, except to the degree that whatever language is agreed facilitates the practical implementation of a system that allows the maximum access to materials by blind and visually impaired people throughout the world” (IPW, WIPO, 21 February 2013).

    “Time is short and WBU urges the negotiators to agree on a simple and workable treaty” for blind and visually impaired people, a WBU representative told Intellectual Property Watch.

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

     

    Comments

    1. john e miller says:

      The International Publishers Association (IPA) Newsletter #101 issued within the last few days said regarding the above proposed WIPO Treaty:

      “We will probably have a treaty. However, whether it will then be ratified by member states is another question.”

      So the rear-guard effort against ratification at the individual Member Country level, especially the notion that the Treaty as currently proposed and presumably would be passed, does NOT meet the requirements of the 3-step test, has maybe begun.

    2. “Obstacles arise for WIPO treaty on copyright for the visually impaired” - American University Intellectual Property Brief - Online News Morocco | Online News Morocco says:

      [...] with equal access to copyrighted materials as the rest of humanity.  The World Blind Union has endorsed the negotiations, stating that regardless of specific language, the treaty should facilitate a [...]

    3. Access: “Obstacles Arise for WIPO Treaty on Copyright for the Visually Impaired” | LJ INFOdocket says:

      [...] with equal access to copyrighted materials as the rest of humanity.  The World Blind Union has endorsed the negotiations, stating that regardless of specific language, the treaty should facilitate a [...]


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    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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