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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.

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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.

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    Parliament Members Call For Removal Of Conditions In WIPO Treaty For Blind

    Published on 22 May 2013 @ 7:06 pm

    By for Intellectual Property Watch

    Members of all political party groups in the European Parliament in a debate in Strasbourg yesterday asked the European Commission to scrap several conditions demanded by the European Union and other Western countries in the World Intellectual Property Organization negotiations for the draft treaty on copyright exceptions for the blind and visually impaired.

    Checks on commercial availability and a ban to cross-border transfers of books in accessible formats only to organisations – and not to individuals – would only complicate the treaty, MEPs from the Social Democrats, Liberals, the Green Party and also some representatives of the European Peoples Party warned Michel Barnier, Commissioner for Internal Market and Services.

    Green Party Member Eva Lichtenberger requested the EU make sure that digital rights management protection not be allowed to counter access obligations. MEPs underlined that access as secured by the treaty to blind people was a “constitutional right and not a charity” (as Luigi Berlinguer, for the Socialists and Democrats reminded Barnier). Copyright must never become an obstacle for the visually impaired (VIP) to get access to the world’s literature, said Swedish Liberal Cecilia Wikström.

    The commissioner said the EU was fully committed to a successful negotiation of the VIP treaty. Yet despite another negotiation round in April, five topics were still to be addressed.

    First, some EU countries were concerned there was not enough protection for databases. Second, at least some EU countries support cross-border transfers only when the content is not available in the destination country. Third, the EU clearly favours a system of intermediaries, instead of direct access by visually impaired persons. Efficiency was the main consideration. Fourth, protection by digital rights management is a highly sensitive issue for many delegations.

    Technological protection should not undermine the useful effect of the treaty, but neither must the treaty undermine technological protection,” Barnier said.

    Fifth and finally, translation rights, according to the EU, are outside of the remit of the treaty.

    Barnier assured MEPs the Commission certainly was committed to get an outcome at the diplomatic conference in Marrakesh in June, but as the aim is an “obligatory exception on the world level,” implementation should have enough certainty for all parties affected.

    MEPs also pushed for access to the negotiating mandate, which has been made a classified document. They have asked for access to the document for over a month now. The rapporteurs will get exclusive access soon, promised the Lucinda Creighton, Irish EU affairs minister, speaking for the Council. MEPs have pointed to Germany, France and the United Kingdom as those countries that have been asking for stricter conditions and prerequisites for the treaty. 

    Monika Ermert may be reached at info@ip-watch.ch.

     

    Comments

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

      [...] first obstacle regards cross-border transfers of copyrighted works in blind-accessible [...]

    2. סקירת חדשות מעולם המשפט | 30.5.2013 | משפט ועסקים says:

      [...]  ארגון הקניין הרוחני העולמי (WIPO) יתכנס בחודש הקרוב על-מנת להסכים על תנאי האמנה החדשה להגדרת חריגים עבור לקויי ראייה. ישנה התנגדות משמעותית לאמנה זו מצד גופים כמו איגוד הסרטים האמריקני (MPAA) ומדינות חברות באיחוד האירופי. [...]

    3. Too much information: links for week ending 31 May | The Barefoot Technologist says:

      [...] uncontrolled and unprecedented access to the private lives of the citizens of South Africa.” Europe: Parliament calls for removal of conditions from Treaty for the Visually Impaired IP Watch reports that the European Parliament has voted to urge the European Commission to cease [...]

    4. Test Of Political Flexibility In Final Lap For WIPO Treaty For The Blind | Intellectual Property Watch says:

      [...] to remove several conditions requested by the EU and other western countries in the treaty (IPW, WIPO, 22 May 2013). This week a representative of the European Union told Intellectual Property Watch that the EU did [...]


    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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