New Chair’s Text On WIPO Broadcasting Treaty Reflects Country Proposals

The chair of the World Intellectual Property Organization committee on copyright issued revised language last week on core articles of a potential treaty protecting broadcasting organisations against signal piracy. The document shows a trimmer set of different proposals by countries during informal discussions to address issues such as what the treaty should protect, which rights should be granted, and who should benefit from such rights.

Discussions on the draft WIPO Treaty on the Protection of Broadcasting Organisations take place in meetings of the Standing Committee on Copyright and Related Rights (SCCR). The 36th session of the SCCR will take place from 28 May to 1 June. The draft agenda is here [pdf].

Last week, SCCR Chair Daren Tang Heng Shim, head of Singapore’s IP office, issued a “revised consolidated text [pdf] on definitions, object of protection, rights to be granted and other issues.”

The document, which reflects informal discussions during the last SCCR in November, has two parts. The first one (Part A) only slightly differs from a previous version [pdf] of the text. The second part (Part B) contains proposals by member states made during the informal sessions (IPW, WIPO, 21 November 2017).

In Part A, which includes text on definitions, object of protection, and rights to be granted, only two paragraphs (f) and (g) on “near simultaneous transmission,” and “deferred transmission,” have been simplified.

Part B of the new document contains proposals on definitions, object of protection, rights to be granted, beneficiaries of protection, limitations and exceptions, obligations concerning technological protection measures, and on the term of protection.

One of the proposals suggests a period of protection lasting “at least until the end of a period of 20 years computed from the end of the year in which the programme-carrying signal was transmitted.” This is less than in the draft treaty article, which calls for 50 years of protection.

The new text proposed by countries brings wired and wireless means of reception under the same paragraph defining broadcasting.

The definitions paragraph also contains a mention stating that “for the purpose of the treaty, the definition of broadcasting does not affect the Contracting Parties’ national regulatory frameworks.” This accommodates countries that have different laws for broadcasting and cablecasting.

The previous version of the document also included proposals on general principles, the protection and promotion of cultural diversity, relation to other conventions and treaties, and on the defence of competition, which, according to a source, were only lightly discussed in November, and do not appear in the new version of the consolidated text.

 

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