WIPO SCCR 25 Day 5, November 23, 2012 (Full Text)

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Captioning test.
>> CHAIR: As indicated yesterday, this morning, we will I don't the morning slot for -- we will use the morning slot for continued work on the VIP issue, seeing that we still have outstanding work on this particular agenda item. I think for to us proceed as follows. The Secretariat is going to go through the draft document. And inform the plenary on the work done so far. We have the document in English I think outside and the Chinese? Okay. Chinese, English and Arabic are available. And the other languages are being printed at the moment, 15 minutes or so they will be available. So we may proceed with the languages that are available.
After Secretariat has gone through the work that we've done on the document, I will briefly open the floor for any comments from delegations, and then we will reconvene into informal session in the usual format that we'll be meeting in room 3 of the new building. So after we go through, then we will open the floor for comments. Then well go into informal session in the usual format. Room 3 of the new building.
I've invited Regional Coordinators to meet me at 1:00 p.m. And then at 3:00 p.m. we will reconvene in plenary here. So we invite Secretariat to go through (rejects?) Secretariat?
>> Secretariat. Good morning, thank you, Mr. Chair. Yesterday we deliver one version which was the version No., sorry, of November 21st. And today we are delivering the version of November 22nd. So when we go through both of them to see the changes. As you know, the pream possible is -- preamble is stable. More or less stable text and we move directly to the definition of work.
You see that the brackets have been removed. So it's a clean text. And what we have is just a footnote that reads that possible interpretive understanding or -- statement will be drafted regarding this definition to clarify the audio book will be included in the definition of "work".
Then we move to the definition of "authorized entity", and it happen in the version that we did yesterday, that we have a clean text. We have removed all the brackets in the definition of "authorized entity, "and one footnote has been added beside the word primary or in connection with the word pri" primary "to clarify the scope of, the meaning of primary.
Then we move to -- after article (BB?) we have principles of application plus -- in the version yesterday. Those principles have been modified. And as you can see in the version we have today, they don't appear after article BB, but they are at the end of the text. Eye if you allow me, if you read at the end of the text, you see that the first sentence have now brackets in the four lines that we provided. They are consistent with the member state/contracting parties international obligation. The development provision has been cleaned up, but we have a paragraph that remains in bracket. And the respect for Copyright provision that have four alternatives in the version of yesterday today appears with two paragraphs. There is no alternative at all. But it has two paragraphs that remain in brackets.
The provision or respect for visually impaired persons has also a tiny modification that appear in the version of yesterday and remains in the text of today. In the third line, we had the reference in brackets to promote, insure, protect, provide freedom and dignity and closed brackets.
Then we move to article C. In article C, you see already that in the version of yesterday and happened today that the right of public performance that was in brackets in the second line of first paragraph article C, second line has been moved to paragraph B of article C1. After the word of objective to the right was moved from the first paragraph -- right of translation are now included in the para graph B, article C1. Then you see that the article C3, the alternative -- A and B disappeared and actually we have just one that is in brackets of the word -- cross-reference. We stopped at cross-reference and refer to -- these have been with cluster for different regarding the relevant --
Then the article B4, we see that the main paragraph of shuffle of B4 disappeared. And when we said the text, I was in brackets in the version of yesterday and take it off the main paragraph of B4. This paragraph remains in brackets and has a tiny change. As you can see the last line is for beneficiaries -- so one from work of the previous paragraph has been deleted.
Article B the same -- as well. F, G. H, I remains the same. And then only in Article J, in the version of yesterday, and again it's something that also we take in the current proposal, [Inaudible]
[Silence.]
(no audio).
Eye try to find the right solution in that respect. Second relate to a discussion that we have regards article C, paragraph 4, Page 14. Although we absolutely agree that the -- require further discussion. There were attempts at delegations provide as well [Inaudible] delegation eye they will take into consideration paragraph 4. Thank you very much. [Inaudible]
(no audio).
>> CHAIR: Request from the floor. Then [Inaudible] text. And remove plen plenary.
The Chair wants to [Inaudible]
Egypt?
>> EGYPT: Thank you. We can also support [Inaudible] delegation expert -- permitting at 2:00 p.m. Thank you.
>> CHAIR: Thank you. Peru?
>> PERU: [Inaudible]
>> CHAIR: I take note and I will be informing the coordinators soon in the Room 3 on the configuration. So we adjourn plenary to 3:00 p.m.
U.S.?
>> U.S.: Thank you, Mr. Chair Iwas just a procedural question. India and the United States wanted to raise and we can do that in the small group and then return with the results to the plenary, thank you.
>> CHAIR: Thank you, U.S. Plenary is adjourned to 3:00 p.m.






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World Intellectual Property Organization meeting.
Standing Committee on Copyright and Related Rights.
Sess 25.
23 November 2012.
15 :00.
World Intellectual Property Organization meeting.
Standing Committee on Copyright and Related Rights.
Session 25.
23 November 2012.
15 :00.
World Intellectual Property Organization meeting.
Standing Committee on Copyright and Related Rights.
Session 25.
23 November 2012.
15 :00.
>> Testing, testing, testing. 1, 2, 3, 4.
World Intellectual Property Organization meeting.
Standing Committee on Copyright and Related Rights.
Session 25.
23 November 2012.
15 :00.
>> CHAIR: Good afternoon, now, colleagues and welcome back to our plenary session of this Committee. I would like to invite Secretariat to go through the work and, you know, an updated version of the text on VIP, that we worked on this morning.
And after that, I'll be asking the plenary to adopt the current version of the Twenty-Third November, as our new version of the working document on VIP.
Secretariat?
>> SECRETARIAT: Good afternoon, thank you, Mr. Chair. You have already the version of November 23. We have all translations except Russian available.
We move immediately to article D, and as you can see, there is a modification in the last part of article D, paragraph 1.
And also, the square bracket in paragraph 2, D2, subparagraph A, you see that square bracket qualifies us this appear, and only the word "is" appears. So member statistics contracting party that is an authorized entity.
-- Member States, contracting party that is an toward entity. The square brackets at the end of article D also disappears.
So the last paragraph that says, that reads provided that prior and so on, is now out of the square bracket.
Then we will move to the last part, the principles of application cluster package, and actually we talk about the last page of this document.
You see that the reference in the second paragraph of respect for copyright tradition is deleted. The paragraph that read this instrument/treaty is without prejudice and so on, is deleted, is removed from the text.
These are all the modifications, Mr. Chair.
>> CHAIR: Thank you. So you will note that apart from the work that we did in D1 and D2 as well as that sentence referred to in the package, the other parts remain as they were under the 22nd version.
The 23rd version is what we have and as the current draft, and I would ask that we adopt it as our working document on VIP.
The draft is so adopted.
At this juncture, I would ask that we adjourn the plenary to 6:00 p.m. in order to consider the conclusions. In the meantime, I will be meeting with the coordinator, the original coordinators plus to configuration for the purposes of considering the conclusions.
The coordinators plus 2, they know the room that we met, before we broke off for lunch. So we go back to that room, and continue the discussions. And we will come back in to plenary at 6:00 p.m. to adopt the conclusions.
Egypt, you have the floor.
>> EGYPT: Thank you, Chair. The African Group with a view to meeting its ambition to advance the text on VIP, therefore, it will be conducting an important meeting with key delegations at 4:00 p.m., and would allow, appreciate if we have some time in between to have this meeting at 4:00 p.m.
Thank you.
>> CHAIR: Belgium.
>> BELGIUM: Just a administrative announcement. In view of the fact that we will meet again at 6:00, there will be a Group B meeting at 5:00 in room B.
>> CHAIR: I need to -- European Union.
>> EUROPEAN UNION: Thank you, Mr. Chair. I'm sorry, because we arrived late at the meeting. We were coordinating in the EU. Our understanding was that we will be handed some provisional conclusions to be looked up in the different regional and other groups. And then, that we would reconvene in the format of original coordinators plus 2 with you, Mr. Chair.
Is it not the way, I mean, I'm a bit confused as to what we are supposed to do.
>> CHAIR: Yes. The Secretariat is working on that document. The idea is that we were to go into our meeting of coordinator plus 2. Secretariat will give us the draft document. We will take a break to allow you to consult, and then we will go back to the meeting.
Now, having said that, the request that I've heard from Africa, for instance, and Belgium on trying to have these meetings, the idea is that the afternoon, we had planned that we have it to consult on the conclusions.
So I'm not so sure as to whether in terms of time, when you have your meeting at 4:00 as to what will happen to the consultations and the conclusions, or indeed if you have your meeting at 5, as to what will happen on the conclusions.
I'm very happy to work on the basis of my conclusions as the final position. That would make our work very easy. But in terms of timing, that makes it a bit difficult for me to consult with you.
So if we go to our configuration of coordinator plus 2, maybe we can try and resolve the timing issue, so that I give you the document, then you are going to your respective groups, come back, and then you can give me feedback.
I think let's do that step now. All right? So I invite the coordinators plus 2 to the new building. Plenary is adjourned until 6:00 p.m. sharp.
>> CHAIR: Colleagues, just a correction.Ukten haggen is ready for coordinator plus 2. Instead of going to the new buildings, we just go upstairs.Uk tenhaggen. Thank you.






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Raw transcript





World Intellectual Property Organization
Standing Committee on Copyright and Related Rights
25th session
23 November 2012
18:00
Plenary


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This text is being provided in a rough draft format. Communication Access Realtime Translation (CART) is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings.
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>> CHAIR: Good evening colleagues and welcome to our closing session, plenary session of the SCCR.
My sincere apologies for coming back to plenary late. We were concluding consultations on this conclusions, as well as giving time for corrections and printing to be done.
So apologies for not coming to the plenary in time.
We have the draft conclusions available now. And I'd invite the plenary to adopt the conclusions that have gone through the process of consultation with the coordinators, with the Chair, and the product of which is the one that has been circulated.
So I'd invite the plenary to adopt the first set of conclusions on limitations and xiptions for visually impaired persons, persons with print disabilities.
Shall we adopt the set of conclusions under that agenda item?
>> VENEZUELA: Thank you very much, Chair. We are very pleased to see you back here. I think that this is a good bit of work that has been done. Nevertheless, nevertheless, under 4 of the conclusions, Venezuela would feel more at least following the words "Persons with visual impairment" we make mention of broadcasting. Where we refer that the extraordinary session in December evaluate or if the diplomatic conference, and that intercessionals be organized in the first half of 2013. Because in 4 here, if the extraordinary session were to decide that the text is not mature, then it doesn't say what will be done afterwards. Nor does it make any mention of broadcasting for 2014.
The text is pretty much the same as the one we had before, but the text is not asking the Assembly that if it can't convene a diplomatic conference in due time, then that there be some intercessional sessions to be able to work on this topic until such time as concrete recommendation of the conference is proud.
Now, yesterday it was said that it was very early for an intercessional on broadcasting. We showed flexibility there and I would ask that flexibility be shown here and that we have some kind of an exit here in the case where the extraordinary session is not able to come to a conclusion here. Because be wouldn't want to have approval given for a diplomatic conference for broadcasting when, in the other we don't have that option in the case where the text is mature.
Thank you.
>> CHAIR: Thank you, Venezuela, I'm sure that the coordinator, your coordinator must have briefed you on the extensive discussion we had in this respect. And, in fact, the input that you're making was well represented in the room through your coordinator.
The understanding that we reached is that we send the document that we have worked on to the General Assembly. Now, the General Assembly in December.
Now, we did not want to prescribe what decisions the General Assembly is going to take. Because you, yourselves, who are here when you meet as the General Assembly, if you want to have an intercessional meeting to complete the work on the draft, you will make that decision. So it is understood that the General Assembly is going to attend to all the decisions that need to be made.
So it will be the General Assembly to deal with those issues that you are raising that are indeed within its competence.
So this issue was extensively discussed in the consultations. So what we have arrived at is after taking into account your submission.
So having said that, I would request that we adopt the set of conclusions as reflected in the draft document on this agenda item. Venezuela?
>> VENEZUELA: Chair, I don't want to be the one who delays the end of our work today. What happens here, though, is that sometimes decisions are -- are missing when they are not put down in writing. So what I'm concerned about is that we are not making any commitment for the first snester of 2013 to have an intercessional for broadcasting. If we're going to solve the Question of visually impaired persons in the first semester, I wouldn't have any problem dealing with broadcasting tomorrow. But I would like to have it reflected here that this extraordinary session, if it is not able to bring this to a conclusion, there is some other alternative. Because what is going to happen in December if it doesn't do that? The Question isn't resolved here. What is going to happen if this text isn't completed? And here, in this December scenario, the situation is going to be the same one we had this week or that we had a month ago, and that simply that we don't want to reach any kind of an agreement concerning VIP.
Then what is going to happen? Maybe in December I won't be here, maybe you won't be here. And whatever isn't put down in writing won't even exist in December. It's not the same people. That's what would happen.
So I know there is a moral commitment here, but what is going to happen in December if the conference decides that the text is not mature, and that we have discussions like the one we have had this week? If you can reassure me on this point there wouldn't be any problem. But I'd like an answer to this Question, what is going to happen, what would happen in that case, because the road to hell is paved with good intentions.
>> CHAIR: Yes. The U.S?
>> UNITED STATES OF AMERICA: Thank you, Mr. Chairman. We appreciate the concern of the distinguished delegate of Venezuela, and we, in fact, had raised this Question to you previously. We would suggest one way to address this concern, the concern of the distinguished delegate of Venezuela, is to simply add a paragraph that says "Should the General Assembly decide not to convene a diplomatic conference in 2013, the SCCR recommends that it be directed by the General Assembly to continue negotiation of the text and to reallocate its time in the next SCCRs to give priority to that work."
Thank you, Mr. Chairman.
>> CHAIR: Thank you. Venezuela?
>> VENEZUELA: Thank you, Chair.
The United States, let me thank you. That is exactly something that reflects the coverings conversations that we had with the koshd naitor of GRULAC. We want to thank them for all the efforts that we have made here. And sometimes they don't capture everything that we he had sd in writing. But I think this is a text that will now show the good faith and the confidence we have reached here in this meeting. And I think that in case that -- if that is the situation, then this will give us the possibility of moving forward.
>> CHAIR: Thank you, colleagues. Could you then adopt including the inclusion that has been made by the U.S? (Gavel)
We so adopt the conclusions under that agenda item.
Conclusions under broadcasting organisations. I invite this Committee to adopt the conclusions under protection of broadcasting organisations.
Conclusions adopted.
(
(Gavel)
Conclusions under limitations and exceptions for libraries and archives. I request the Committee to adopt the set of conclusions under that agenda item.
Brazil?
>> BRAZIL: Thank you, Mr. Chairman. My delegation has a small comment on paragraph 9 of this decision, which is simply to delete after "27 sessions, and whether to identify specific topics on which to focus at such an intercessional meeting" just to delete this part between commas. "And whether to to identify specific topics on which the focus at such an intercessional meeting."
I thank you.

>> CHAIR: With that proposed amendment, could we adopt these conclusions?
Brazil is proposing to delete in the 9th paragraph, the words after SCCR 27 sessions, those words, and whether to identify specific topics on which to focus at such an intercessional meeting."
So, delete the words "And whether to identify specific topics on which to focus at such an intercessional meeting."
That's the proposal for deletion.
Egypt?
>> EGYPT: Thank you, Chair. The African Group would like to have the language expressed in paragraph 12 to be reflected, after paragraph 9, in the protection on libraries, as to be applicable also to document SCCR/23/8.
Perhaps the recommended amendment to say that it be moved to an annex to this document.
Thank you.
>> CHAIR: US?
>> UNITED STATES OF AMERICA: Thank you, Chair. I was actually going to make an intervention on paragraph 12. But it appears that Egypt is also asking that similar language be moved below paragraph 9 on this.
This is -- paragraph 12 is something to the effect that one Member State or one group wishes to do in restructuring the document, which we really haven't discussed at this point. So we would not be in favor of including paragraph 12 or the new paragraph 10, I think, under libraries and archives.
Thank you.
>> CHAIR: Brazil?
>> BRAZIL: Thank you, Mr. Chair.
The first remark, I'd just like to recall that the Development Agenda Group has proposed to move all comments to an annex to this document. So this is what has been proposed by the Development Agenda Group.
Now, in my national capacity, we have a new proposal from the African Group, which is to have comments of the African Group moved to an annex to this document, and we could also support and say that comments made by the Brazilian delegation in this document could also be moved to the same annex, which will contain the comments made by the African Group. I thank you.
>> CHAIR: Well, in answer to -- U.S.
>> UNITED STATES OF AMERICA: Thank you, Mr. Chairman. Since this is a series of individual delegations or group requests, we think the proper way to ak knowledge it would be a construction that said the Committee took note of the request of delegations in the African Group, Brazil, et cetera, whoever wishes to see to have their comments be moved to a separate annex.
And we would think the proper construction for the conclusions of Committee would say it in the form of "The Committee took note that" and in that kind of wording we can accept that.
>> CHAIR: Thank you.
So the suggest amendment is that to create a new number 10, which we will reflect that the Committee has taken note of the request by the African Group and Brazil that their comments in document blah, blah, be moved to an annex. That is the amendment to create 10 and also to retain 12 in that regard.
And then also Brazil to delete those words that are indicated -- that I had indicated earlier.
U.S.
>> UNITED STATES OF AMERICA: Could you repeat what Brazil suggested to delete in paragraph 9 I believe?
>> CHAIR: Brazil suggested to delete in paragraph 9, if you look at the words after "SCCR 27 sessions" the words after the comma, "And whether to identify specific topics on which to focus at such an intercessional meeting."
Those words.
The words between the commas.
Ecuador?
>> ECUADOR: Thank you, Mr. Chairman. Our delegation would like to associate with the request of the African Group, adding Ecuador it would endorse countries that have requested to have the comments be separated in the case of libraries and the document for location.
>> CHAIR: Argentina?
>> ARGENTINA: Thank you, Chairman.
Along the same lines, the comments on this document on libraries and archives, we would also like to ask that comments be included in an annex. Thank you.
>> CHAIR: Thank you. Nigeria, then Algeria.
>> NIGERIA: Thank you, Mr. Chair. Nigeria would like to ask that its comments also be noted in agreement with the request of Brazil and the Africa group, thank you, and the others.
>> CHAIR: Algeria and then Belgium.
>> ALGERIA: Thank you, Mr. Chairman.
Without pronouncing on the position that has just been expressed by the United States of America, I would like of course for the comments of Algeria to be added to the annex. But I would like to draw a text of the Chairman -- attention of the Chairman to the way that the phrase is formulated. It makes it look like this will be an annex separate from the document and what we are asking is that the comments be annexed to the document, in an annex attached to the document. So perhaps it needs the wording to be reformulated so it will be clear that this is not a separate annex, but is an annex to the document.
Thank you.
>> CHAIR: Well, that amendment was already done. It's not going to read to a separate annex. It will read to an annex. So that it's clear, it's an annex to that document.
Senegal? Sorry. Belgium and then Senegal.
>> BELGIUM: Thank you very much, Mr. Chair. I just wanted to remind that we are here to work on the conclusions. A couple of requests that were not made earlier on. So would I like to remind the delegates that we're here to focus on what is over there and not try to redraft again.

>> CHAIR: Senegal?
>> SENEGAL: Mr. Chairman, my delegation welcomes the proposal made by the African Group to have the comments of Senegal also added to the annex to the document.
Thank you.
>> CHAIR: Thank you, colleagues. We have taken -- Kenya. Then Egypt.
>> KENYA: Thank you, Mr. Chairman. I just wanted to support the proposal by Egypt, especially that since most of the comments made by Kenya were on behalf of the African Group.
>> EGYPT: Thank you.
I would like just to mention that the proposal of course applies to African Group comments, but also to African delegations. So, because you'll find that some comments presented by the African Group and other comments were presented by African delegations. And I think the interventions by Honorable delegates of Nigeria and Algeria and of course Senegal and Kenya whose effect have also supported this request.
I think also, I mean, the proposal by all the different States to just take note it will basically mean that the next document we receive will not have this request of having effect to it. And we think that this is something that the Secretariat could have done very easily between now and the next meeting of the SCCR.
I don't want to -- I don't know what to say at this stage, but if it doesn't burden the Secretariat to do it, perhaps this is something that could be done without of course to burden the Secretariat.
And I would just like to capture that a spot of this, this is made with the intention of improving the document structure. So, I mean, it can be like useful for expert and -- experts and delegations to work upon.
Thank you so much.
>> CHAIR: Well, Egypt, I take it that, you know, considering that this request was made in the Committee, the Secretariat is going to effect that request. So that is indeed the position.
So do you still have a problem with reflecting here taking note? No.
India?
>> INDIA: Thank you, Mr. Chair.
Since we are in the libraries and archives documents, since India made legal textual comments, we are not suggesting moving my Indian delegation comments, but really support the statements made by the African Group and Brazil to move their comments to an annex, to move their comments to the annex. Thank you.
>> UNITED STATES OF AMERICA: Following my good friend from India, and our Indian colleagues' Question. I'd like a clarification. In the future will all the African Group comments be in the back and mine will be in the front? I'd just like to know is that our plan for the future of the order of the document?
>> CHAIR: Nigeria?
>> NIGERIA: Thank you, Mr. Chair. As the distinguished delegate of the United States has requested a question, I'm taking it upon myself to respond on behalf of the Africa group. We are happy to let the comments of the distinguished delegate of the United States remine in the front. We are comfortable in the back. We believe that the most important parts are always in the back.
(Laughter)
* Chair khir well then adopt with those amendments the conclusions under libraries and archives
(Gavel)
So adopted.
Limitations and exceptions for educational and research institutions and persons with other disabilities.
I take note of the amendments already made to 12 and the comments made by the African Group to 12.
Shall we then adopt this set of conclusions under that agenda item?
Egypt?
>> EGYPT: Thank you, Chair.
Just a reminder, I mean, I think a refine. To paragraph 11, just to have like a parallel. Because in the first line we refer to text based work and I think in the third line from down, we should also refer to text based work.
That's all. Thank you.
>> CHAIR: Egypt, where?
>> EGYPT: Third line from below. The Committee could foe can you remember its text based work."

>> CHAIR: Could we adopt this set of conclusions, taking into account that amendment on text based work and also the amendments made to 12?

The conclusions are so adopted. (
(Gavel)
khaish Chair in respect of the next session of course, it would take place in July 2013, the Committee through the consultations that I had also discussed that the next session should be allocated as follows. Two days devoted to broadcasting, two days devoted to exceptions -- limitations and exceptions for libraries and archives. And there was one day allocated to he had indicational and research institutions and persons with other disabilities. Which is not here. So we could amend that accordingly.
And that concludes the adoption of these conclusions.
I would at this juncture invite delegations that may want to make closing statements. I again implore those colleagues of ours that have been engaged in the process of negotiations in the smaller group that have been part of the consultations, to show restraint in making comments, and allow those that have not been in these processes to make their comments.
Thereafter, I will give time for NGOs to make statements.
The floor is open. Belgium?
>> BELGIUM: Thank you much, Mr. Chair. We just would like to provide a small statement on VIPs. Group B would like to thank you and the Secretariat for your combined delegation and hard work in facilitating the VIP negotiations towards an appropriate and bald solution that takes into account the specific needs of visually impaired persons, while also protecting the rights of creators.
Members of Group B actively engaged in the discussion and remain committed to the successful outcome on this important issue.
In December, we will have an opportunity to convene a diplomatic conference in 2013. In this regard, Group B acknowledges good progress towards resolving outstanding concerns.
We should maintain the momentum going into the extraordinary session of the General Assembly in December. Group B will continue to engage constructively.
Thank you, Mr. Chair.
>> CHAIR: Thank you.
>> SRI LANKA: Thank you. On behalf of the Asia Group I want to thank you for your tireless patience and understanding and the Secretariat for their command ent efforts in facilitating our work. The Asia Group is in agreement that the conclusionings of this meeting will facilitate to progress our work. Mr. Chairman, although you may be in a need of a break from us all in this room, we look forward to seeing you and all colleagues present at the extraordinary session of the General Assembly in a few weeks. The group believes the deliberations on the text for a Treaty or instrument for visually impaired persons has been undertaken in a spirit of good faith and hopes this approach will continue much the group wants to thank all delegations that took the lead during these deliberations. The group also looks forward to the next session of the SCCR with focused discussion on broadcasting, libraries and archives and educational and research institutions will take place. Mr. Chairman,al low me to quickly conclude by thanking the interpreter, without whom our work would have been last in translation. And the many stakeholders who the group was able to meet during the sidelines of our sessions and for their inputs towards these discussions.
We would also like to thank the world line union for their constructive contributions. Once again, thank you, Mr. Chair Man.
>> CHAIR: Thank you, Sri Lanka. I see no further questions for the floor from Member States. Now have I see requests from the floor. China to be followed by EU.
>> CHINA: Thank you, Mr. Chairman.
The Chinese delegation stated on the first day of the session that it had a flexible attitude towards any constructive proposals. after serious discussions and especially the discussions on an International instrument on limitations and exceptions for visually impaired persons, all parties have been constructive and flexible in order to find solutions.
We are of the feel that the footnote in the Article of definition States that any interpretive understanding or Agreed Statement to be drafted to deal with the issue of audio books, the development provision for application plus the package proposed by relevant delegations can be used to interpret the scope of works to which limitations and exceptions apply.
These points are of particular importance to facilitate the holding of the diplomatic conference.
We are also -- we have also noticed that a great deal of work still needs to be done for the possible holding of the diplomatic conference. For example, such articles as definitions, authorized entity still need to draft interpretive understandinAgreed Statements. We are convinced that various delegations will give further play to the spirit of Beijing during and concluding the Beijing treating and will continue to participate actively and flexibly for the conclusion of an International instrument on limitations and exceptions for VIP.
We would like to thank again the Secretariat, the Chairman, and various delegations.
Thank you.

>> CHAIR: Thank you. European Union to be followed by India.
>> European union: Thank you. We thank the Chair and Secretariat for their efforts in facilitating the negotiations on this issue. The EU and the mesh States have redoubled their efforts in the last year to arrive at a successful conclusion of thee negotiation, including in the run up to the SCCR where we have engaged in numerous multi-lateral contexts. We believe it's fair to say that there is a true commitment from all to these negotiations. Our objective is clear. To ensure that visually impaired and print disabled persons anywhere in the world have the same access to books as any other person.
The EU and the Member States remain politically committed to addressing the specific needs of the visually impaired and print disabled persons in an effective and balanced instrument. Including a Treaty.
In aen Mary in a does not affect the principals of existing International copyright framework. Encouraging progress has been made this week in addressing the specific remaining issues in the texts. We have made an effort in good faith to help deliver this progress. We believe we all have gained common ground and understanding. However, we need to gain more. We remain concerned that discussions on some points seem so relate to larger and horizontal issues and connected with the needs of the visually impaired.
We need to understand that the way to success requires us to remain focused in these negotiations. We should build on the momentum in view of the extraordinary General Assembly in December for the diplomatic conference.
.
>> Thank you. The delegation of India also associates with the other delegates in thanking to you and the Secretariat for the tireless effort spent during this session of SCCR. And also all the other delegations who participated in it.
Particularly, in the progress made in all -- in the texts of the exceptions and limitations for the visually impaired persons and persons with print disabilities in order to have to a diplomatic conference next year. And Mr. Chairman, I also take this opportunity on behalf of my ambassador and take this honor to invite all of you and the colleagues based in Geneva for a cinema film festival of India films to be organized in collaboration with WIPO and the Government of India from December 4 to 7, which will be held here early. And you must have noticed all of you the card on your table. So, thank you Mr. Chairman, once again.

>> CHAIR: Venezuela.
>> VENEZUELA: Thank you very much. I would like to commend the flexibility that has been shown which allowed us to continue in the climate of confidence here in WIPO. Thank you to the Secretariat for the intensive work. Thank you to the interpreter, and to you, especially, President, to whom I would like to address my particular thanks for your patience, ongoing patience, and for having allowed and listened to my punishing interventions throughout the meeting.
Thank you very much.
>> CHAIR: Thank you, Venezuela.

Egypt?
>> EGYPT: Thank you, Chair.
The African Group would like first of all to thank you for your dedicated -- dedication and leadership throughout this week. We have worked day and night, and you were actually leading the process from the front.
We have a statement that we want to submit to be in the record, but grivb the brevity of time I would just like to add and to state some key messages for us. We think that for the issue of VIP, we have made good progress as we had stated in our conclusion. The group was ambitious to achieve more progress, and we think that this is an important issue that we need to address and complete.
The group has shown flexibility during the negotiations, and in the same spirit we expect our partners also to express flexibilities on the key issues that remain unresolved and are of key importance to the group.
Ultimately, the African Group aspires to reach a meaningful Treaty for VIP, especially to serve the cultural needs and priorities of the 7 million visually impaired persons in Africa.
Regarding the exceptions and limitations, we feel concerned that we have -- didn't have extensive discussions for them, neither for the issue of requesting in general, and base cake we they will we cannot afford to default on these important issues. And I mean not make progress as well on them, given our mandate in the SCCR. And we hope that and actually we think that reaching a concrete out only on the exceptions and limitations for libraries and archives, educational and research institutions and other disabilities is very important for WIPO and equally for WIPO Member States, whether developing or developed countries. Because these are matters that directly relate to cultural development and to preservation of cultural heritage.
In short, we think -- we hope that next time all delegations can show similar strong political will and commitment for these issues, and we hope that we will be able to advance the work and achieve a good result.
Thank you, Mr. Chairman.
>> CHAIR: Peru? To be followed by US and Ecuador.
>> PERU: Thank you very much. I'll be very brief.
On behalf of GRULAC I want to thank you for the patience you have shown this week and for the very -- for the wisdom you have shown in decision-making this week. It's clear to all of us here you have attached great priority to the issue of VIP, and this is a very necessary instrument that I think we have all showed our commitment to. And in December we will, I think, be further seeing the evident of its importance.
I thank the interpreter, thank the Secretariat for the late nights that they have spent translating documents and preparing. It's always very useful to have these documents as quickly as possible. We thank them for that.
And also for the very balanced agenda that was produced for this meeting, and I think that in terms of priority, we have here and in terms of future work, this has been very well balanced. Our thanks to you all and we will see you again in December.
>> CHAIR: United States then Ecuador.
>> UNITED STATES OF AMERICA: Thank you, Mr. Chairman.
We are pleased about the results of this SCCR meeting. In December 2009, the United States delegation came to the SCCR at that time and said that we had concluded that it was the time to fashion new norms in International copyright to address what we believe is a legitimate concern, the book famine. The unjustifiable lack of availability of special format copies for visually impaired persons, for persons with print disabilities, throughout the world.
We believe that that book famine exists and we believe our work here can go a substantial way, not all the way, to addressing the problem. We want to thank all the delegations here that have worked together with us in so many different configurations in 2011 and this year.
As we said earlier today in the informal sessions, it has been two years of meetings that have shown tremendous good will among a bunch of people of very strong wills.
We think that we could not have imagined a more conducive and cooperative environment, where people were completely honest about what's important to them and what they need to see in our work going forward.
Like so many delegations here, we believe that we made tremendous progress this week. We also, like other delegations here, believe that there is a tremendous work to be done and considerable work that we have to do to conclude this. We will be taking this working document home and I assure you that everyone on the U.S. Delegation will be working diligently to explain it in Washington, to seek support for it in our capital, and we are very hopeful of bringing back a favorable decision in December.
We would offer to join the flexibility boat, if we knew where it was parked. And we do believe that we want to thank everyone for the flexibility they have shown not just the flexibility but the creativity they have shown and the capacity to listen to one another.
Mr. Chairman, as everyone knows, this week has brought the American delegation here during a week when we are normally celebrating one of our most important holidays, Thanksgiving. And while many of us had to do without our normal Thanksgiving ceremony and celebration, we are thankful for the results of this SCCR. Thank you, Mr. Chairman.
>> CHAIR: Ecuador and then Nigeria.
>> ECUADOR: Thank you, Chair.
First of all, our delegation wishes to express its commendation to you for the excellent leadership you have shown. Also, our gratitude to the Secretariat for the commitment that they have maintained throughout the meeting. We would like to thank the interpreters for their work as well. And congratulate all delegations for the spirit of compromise and for the contribution that has been produced during this meeting.
Chair,
>> ECUADOR: He can delegation believes that the task before us to successfully approve a Treaty that would protect people with visual impairments is drawing closer. * it will allow them to exercise their right to reading, to print, to culture, and to a bet are future. And we believe that good -- better future. And we believe that good faith and commitment on the part of delegations will allow us to achieve a positive outcome.
Ecuador has and remains committed to carrying out all efforts that are necessary to bring this ship to a good port, and to help overcome any concerns on our way to providing adoptment for the benefit of people with physical disabilities.
We would like to also mention that this Treaty should provide an effective and real solution to this problem. If we as a Committee can obtain a balanced Treaty, this will I think create a huge change for the benefit of these People with Disabilities.
Thank you.
>> CHAIR: Thank you, Ecuador.
Nigeria you have the floor.
>> NIGERIA: Thank you, Mr. Chair.
Nigeria wishes to join with all of the delegations that have acknowledged and thanked you for your leadership over this last week, to thank the Secretariat for the warmth, the efficiency, the endearing spirit over the week, and to acknowledge the dexterity and firmness with which you have handled these proceedings.
We recognize that the hours have been long. The issues have been unusually complex. The delegates not always flexible, but always friendly. And concerns always predicated with the words "Significant." But we recognize that while this may sound like a regular SCCR for those who are a customed to this, indeed this was truly not a regular SCCR.
This has been a process that we hope is fast coming to a positive conclusion, an SCCR and a process dedicated principally to people. For a while, all of us as delegates have been working on this issue with good will and commitment. I think we can all say that we are thankful that we have had the opportunity to participate in the cultural life that has been facilitated by the copyright system.
We can all be thankful that we have the opportunity to not have a visual impairment and the honor to commit to the work necessary to make sure that those who live with visual impairments are recognized and enabled to be part of their respective societies.
Since Africa is home to more than 7 million blind people and home to many least developed country, it is important to Nigeria that this process result in something that is workable, that is simple, that delivers and meets the needs of the visually impaired.
We believe that it is important that when we have an opportunity to conclude a legally binding Treaty, that actually delivers something, it is important to seize that moment.
We want to say as a nation that it is important to us that we not create or agree to a multi-lateral system that creates a second class citizenry. We believe that this need to correct and to meet all of the various ways in which visually impaired persons might mite be facilitated to participate in their human communities, whether they live in castles or condominiums, houses or huts, that we must do this and do this well and do it effectively.
We hope that the good will, the political commitment, and the Democratic virtue of all Member States will prevail in carrying us through the final lap of this race to ensure that the interests of VIPs are recognized. And we also hope that the importance of multi-lateral cooperation will once again be infused with the reality that it is important to work together, not against one another.
Thank you, Mr. Chair.
>> CHAIR: Thank you. Brazil?
>> BRAZIL: Thank you, Mr. Chairman.
I would like to congratulate first you on the very good job you did as the Chairman of this Committee. We also thank Assistant Director General, Mr. Trevor Clark and the Secretariat for all the hard work and also the interpreters.
The delegation would like to extend its congratulations to all other delegations for their hard and constructive work along the session, and for the flexibility in order to reach acceptable solutions. Brazil considers that the work veld by the SCCR with regard to limitations and exceptions within the framework of the programme is very special. It's not necessary to restate the importance Brazil attaches to the work towards the adoption of a Treaty in favor of visually impaired people.
We are pleased to see all the progress made during this sessions, due to tireless effort of all delegations. I would like to reiterate our commitment to continue collaborating with other Member States on the work of the SCCR.
I thank you.
>> CHAIR: I thank Brazil for their statement.
I do not see any further requests for the floor from Member States. And I would like to open the floor for NGOs that wish to make statements.
And I would implore those NGOs that want to make statements to be as brief as possible, not go beyond two minutes.
WDU, then KER.
>> WDU: Thank you, Mr. Chairman for the opportunity to speak. On behalf the World Blind Union, our member, those present and those who are not near.
(WBU) I would like to express my thanks to the Member States for the progress that has been made this week. I recognize that you all worked extremely hard. What we're talk about is something that is a human right that will change the Human Rights for people who are blind and visually impaired around the world. We need a practical, workable and meaningful text. A lot of work has happened on some wording, some theory, but we need something on the ground that works. And respects the human rights of the individuals it set out to do.
Thanks to Justin Huges for his very kind words and very general roous Russ words and I just did note that one word that was missing in his long text was the word Treaty. Almost every Member State here has acknowledged their support for a Treaty to solve this problem. So I would urge those who have not to move towards this as the only solution, a viable solution.
I urge you to keep the momentum up. To meet in December and to call for a diplomatic conference in June 2013 to finalize this piece of work that for us and our Members has been waiting or happening for a very long-time.
So on behalf of the 2 le 5 million blind and visually impaired people, I wish you good luck for December. I urge you to seize on the momentum that has been gauged here. Call the diplomatic conference in June 2005 and deliver a meaningful, usable, practical text.
Thank you.
>> CHAIR: KEI?
>> KEI: Thank you. I start by complimenting the Secretariat and the Member States for providing, it sounds funny to say it, but transparency, because all the negotiations were in secret. But this is the most transparent secret negotiation that I'm involved in right now. So we actually are grateful for that. The fact that you, after you do all the secret negotiation, you publish the text every day and make it available to everyone. It's greatly appreciated. The fact that we can get digital copies and share it around the world. The fact that you provide video. Webcasting of the meetings for people that can't afford to fly here around be here. The fact that you make the realtime transcripts are available. Those are amazing innovations. I think that you probably don't realize, maybe you do realize, but I hope people are fully appreciate how much gratitude people around the world have for the fact that you created and you're proving that you can have a fair amount of opens in this these negotiations and still make progress.
So thank you for that.
Like the World Blind Union, I'm an American so maybe I take it -- I focus on this a lot we are disappointed that the U.S. Government after all these years, after actually doing a nice job four years I go of making it sound like they were going to be help ping out with the Treaty, it's still, and particularly after they got pretty much all the red lines met in the first two days of the ne dpo, of this thing, I mean, they wiped out contracts, Articles, they eliminated audiovisual works. They did -- kept Deaf people out of the Treaty, they did 89 all the other things that the US Government wanted done in the Treaty, they can't say after they get their way after something that they are asking for, that they are ready to adopt the Treaty and I think that's unfortunate. Maybe they will get some change later.
Lastly, as far as an instrument here, we hope that in the process of doing a Treaty like this, that WIPO does not destroy or restrict national access and flexibility for People with Disabilities.
>> CHAIR: Thank you for the statements. Indeed, they will be put on the woshd.
I just want to take this opportunity to thank all delegations that have been active in contributing to finding solutions in the course of our work. And, indeed, those that had remained silent, because that was also very helpful; in most cases.
(Laughter)
May I also take particular opportunity to thank the Secretariat, that has continued to be very supportive to the Chair and to indeed to all delegations.
I want to recognize the effort that has gone in this work by delegations. I think that sometimes we think we are not making progress, because there is no good will or there isn't enough effort. I can speak on behalf of the delegations that they did all that they could in this, you know, time that they had to achieve what they had to achieve. And, indeed, it was amazing, speaking for myself, to see that some difficult areas that we had were easily solved because there was good faith on behalf of delegations.
Secretariat, again, I thank you very much. And I wish good travels to those that are going back to capitals and God speed to those that are staying in Geneva. I thank you. And I bring the session 25 to a close and we will see you in December.
(Gavel)

(Applause)

(End of session, 20:00)


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This text is being provided in a rough draft format. Communication Access Realtime Translation (CART) is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings.