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  <title>Centre for Internet and Society</title>
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    <item rdf:about="https://cis-india.org/a2k/blogs/wipo-sccr-29-cis-intervention-on-proposed-treaty-for-protection-of-broadcasting-organizations">
    <title>29th Session of the WIPO SCCR: CIS Intervention on the Proposed Treaty for the Protection of Broadcasting Organizations</title>
    <link>https://cis-india.org/a2k/blogs/wipo-sccr-29-cis-intervention-on-proposed-treaty-for-protection-of-broadcasting-organizations</link>
    <description>
        &lt;b&gt;The Centre for Internet and Society (CIS) made its intervention on the proposed treaty in the ongoing WIPO session on December 9, 2014. &lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;Nehaa Chaudhari on behalf of CIS made the following statement:&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;b&gt;Thank you, Mister Chair.&lt;/b&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;This intervention will be based on the chart detailing the ‘Concepts’ corresponding to the Definitions. We believe that certain elements of these concepts are inconsistent with a broadcast treaty based on a signals based approach; and over the course of the next few minutes, I will briefly discuss these.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;b&gt;&lt;i&gt;First,&lt;/i&gt;&lt;/b&gt;&lt;b&gt; &lt;/b&gt;Mr. Chair in the first column- on broadcasting or cablecasting organizations (in the traditional sense); where communication of the signal has been listed under scope of responsibility. Mr. Chair, ‘communication’ itself is an element of copyright and is distinct from broadcast rights that are related rights. A signal, Mr. Chair, may be broadcast or transmitted. Accordingly, Mr. Chair under the element of Scope of Responsibility, we are of the opinion that it should read Broadcast or Transmission of the signal and not communication of the signal; and the focus should not be at regulating communication to the public.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;b&gt;&lt;i&gt;Second, &lt;/i&gt;&lt;/b&gt;Mr. Chair, in the second column- on broadcasting and cablecasting transmission- we have three observations. First- under the means of transmission, we believe that transmission over computer networks encompasses IP based transmissions, and should be excluded, in order for the treaty to remain consistent with a signals based approach. Second- on the reception of the broadcast or cablecast transmission, we believe that it should be qualified using the phrase ‘general public’. We are of the opinion that there is a danger that a limited public (say family members) could possibly be covered by the term “public”, but would be excluded from “general public”; which in any case is the targeted audience of a broadcast. Third, Mr. Chair, on whether the transmission would be encrypted or not- which also flows into the third column on the Signal- and whether it is encrypted or not; which then also relates to whether broadcasting organizations will have the right to prevent unauthorized decryption. Mr. Chair, we don’t think that there should be a separate right to prevent unauthorized decryption. Given that signal theft is already a crime, having a specific right to prevent unauthorized decryption might result in an absurdity, where it could even cover decrypting an unauthorized retransmission without authorization from the retransmitter.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;This provision might result in an absurdity, where it would cover decrypting an unauthroised retransmission without authorization from the retransmitter, where the retransmission in the first instance was illegal to begin with.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;b&gt;&lt;i&gt;Finally&lt;/i&gt;&lt;/b&gt;, Mr. Chair, on the third column and the meaning of signal- we submit that our preferred definition would be where the definition of a signal is confined, and it understood as an electronically generated carrier transmitting a broadcast or cablecast and NOT one which has the capability of such a transmission, as stated in the third column in your Chart on concepts.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Thank you, Mr. Chair.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt; &lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/a2k/blogs/wipo-sccr-29-cis-intervention-on-proposed-treaty-for-protection-of-broadcasting-organizations'&gt;https://cis-india.org/a2k/blogs/wipo-sccr-29-cis-intervention-on-proposed-treaty-for-protection-of-broadcasting-organizations&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>nehaa</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Broadcast Treaty</dc:subject>
    
    
        <dc:subject>Intellectual Property Rights</dc:subject>
    
    
        <dc:subject>Access to Knowledge</dc:subject>
    
    
        <dc:subject>WIPO</dc:subject>
    

   <dc:date>2014-12-12T11:55:51Z</dc:date>
   <dc:type>Blog Entry</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/a2k/blogs/cis-intervention-questions-to-prof-kenneth-crews-on-limitations-and-exceptions-for-libraries-and-archives">
    <title>29th Session of the WIPO SCCR: CIS Intervention : Questions to Prof. Kenneth Crews on his Updated Study on Limitations and Exceptions for Libraries and Archives</title>
    <link>https://cis-india.org/a2k/blogs/cis-intervention-questions-to-prof-kenneth-crews-on-limitations-and-exceptions-for-libraries-and-archives</link>
    <description>
        &lt;b&gt;Nehaa Chaudhari on behalf of the Centre for Internet and Society (CIS) on December 11 during one of the sessions in WIPO asked two questions to Prof. Kenneth Crews. &lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;In 2008, WIPO commissioned &lt;a class="external-link" href="http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=109192"&gt;a study on Limitations and Exceptions for Libraries and Archives&lt;/a&gt;.This was prepared by Prof. Kenneth Crews. On December 10-11, 2014, at SCCR 29, Prof. Crews presented &lt;a class="external-link" href="http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=109192"&gt;an updated (2014) version of this study&lt;/a&gt; and addressed comments and questions from Member States and Observers.&lt;/p&gt;
&lt;hr /&gt;
&lt;p style="text-align: justify; "&gt;CIS Statement:&lt;br /&gt;&lt;br /&gt;Thank you, Madam Chair.&lt;br /&gt;&lt;br /&gt;Thank you very much, Professor Crews for your presentation yesterday, and for this comprehensive study on Limitations and Exceptions for Libraries and Archives, very timely, and very important to us, from the perspective of access to knowledge and information.&lt;br /&gt;&lt;br /&gt;I have two questions:&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;My first question: Did you find, in your examination, that, in terms of/ or on the question of limitations and exceptions, did you find, that there was an equal or equitable treatment of digital resources in comparison to resources available in more traditional formats? And if not, where do you think that lever of change lies to ensure that fair dealing provisions are extended equitably to the digital environment as well?&lt;br /&gt;&lt;br /&gt;My second question, is on the interoperability of Limitations and Exceptions: Given that copyright is a very national thing, and, as your study has also well established, countries have a whole range of very diverse approaches and practices on Limitations and Exceptions; but also given that we live in an increasingly globalized world, we need a system that is interoperable with respect to the trans-boundary movement of works, with as little friction as possible, both- in the physical as well as in the digital environments. So, what did your examination show us of how interoperable- or not- the range of Limitations and Exceptions actually are?&lt;br /&gt;&lt;br /&gt;Those are my two questions.&lt;br /&gt;&lt;br /&gt;Thank you very much.&lt;/p&gt;
&lt;h3 style="text-align: justify; "&gt;Response by Prof. Kenneth Crews:&lt;/h3&gt;
&lt;p style="text-align: justify; "&gt;Thank you very much. On the second question, I'm afraid I might mind myself only repeating some of the concepts that have already said about transborder and really about in the statutes anyway, a lack of recognition of transborder. And the transborder concept, so I will add this piece to the conversation, the transborder concept seldom if ever appears in these library exceptions to the extent that we are going to find it in copyright law or some other part of a national law it may very well be over in the import/export kind -- area of the law. But that also goes to the interoperability which think we have answered a few times just this sort -- the lack of exact harmonization and as others have reminded me I have said before that I may not be a fan of exact precise harmonization and indeed it may not be possible or even desirable. But some degree of harmonization can help with that interoperability. Interesting question, you do -- you did raise a new point about digital. We have talked several times in this conversation about use of digital technologies in the exercise of the rights of use under the exception. However what I think you were asking about is the ability to apply the exception to works that are digital in the first place that are what we call born digital and that's a very interesting question. The statutes do not address that. Sometimes you will see a statute that refers to -- that says it applies to all these different kinds of works but not computer software. That tells you somebody was thinking it shouldn't apply to software but somehow software is different and there are problems with that. We know that software has changed and been incorporated in to many different works. But we generally see a statute almost always see a statute that's about books or archival materials or some other kind of work without specifying the technology. So can it apply to an e-book in addition to the paper book? The statutes don't go there. They don't sort that out. So in my common law tradition I look at that and see that as a question for interpretation. In a civil code system I might look at it and see it a little bit more firmly for lack of a better word about what the scope of that word book, for example, really means.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Really good question. And it is one that the statutes have not picked up on.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Thank you very much.&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/a2k/blogs/cis-intervention-questions-to-prof-kenneth-crews-on-limitations-and-exceptions-for-libraries-and-archives'&gt;https://cis-india.org/a2k/blogs/cis-intervention-questions-to-prof-kenneth-crews-on-limitations-and-exceptions-for-libraries-and-archives&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>nehaa</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Intellectual Property Rights</dc:subject>
    
    
        <dc:subject>Access to Knowledge</dc:subject>
    
    
        <dc:subject>WIPO</dc:subject>
    

   <dc:date>2014-12-14T02:56:46Z</dc:date>
   <dc:type>Blog Entry</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/a2k/blogs/wipo-sccr-28-proposed-treaty-for-protection-of-broadcasting-organizations">
    <title>28th Session of the WIPO SCCR: Report on the Proposed Treaty for the Protection of Broadcasting Organizations</title>
    <link>https://cis-india.org/a2k/blogs/wipo-sccr-28-proposed-treaty-for-protection-of-broadcasting-organizations</link>
    <description>
        &lt;b&gt;The 28th Session of the World Intellectual Property Organization (“WIPO”) Standing Committee on Copyright and Related Rights (“the Committee” / "SCCR") took place in Geneva from June 30, 2014 to July 04, 2014.  In this article, Nehaa Chaudhari, who attended this meeting on behalf of CIS, discusses the developments that took place with reference to the proposed Treaty for the Protection of Broadcasting Organizations (“Broadcast Treaty”).&lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;At its 28&lt;sup&gt;th&lt;/sup&gt; Session, the WIPO SCCR devoted two and a half days to a discussion on the Broadcast Treaty. For the majority of this period informal discussions &lt;b&gt;(“Informals”&lt;/b&gt;) were held between member states and there was no plenary. While Non- Government Organizations (    &lt;b&gt;“NGOs”&lt;/b&gt;) and those member states who were not participating in the Informals were able to listen to the discussions taking place, we were     requested to not report about them in any form whatsoever. Consequently, this article does not mention, cite or discuss the conversations in the Informals     in any manner whatsoever, and is confined to deliberations at the plenary sessions.&lt;/p&gt;
&lt;h2 style="text-align: justify; "&gt;Preliminary&lt;/h2&gt;
&lt;p style="text-align: justify; "&gt;Proceedings on Day 1 (June 30, 2014) began with a speech by the Director General of WIPO, Francis Gurry. Commending the “exceptional progress” made by the Committee over the past few years, Mr. Gurry cited the &lt;a href="http://www.wipo.int/treaties/en/ip/marrakesh/"&gt;Marrakesh&lt;/a&gt; and    &lt;a href="http://www.wipo.int/treaties/en/ip/beijing/"&gt;Beijing&lt;/a&gt; Treaties as success stories. In talking about the Broadcast Treaty, Mr. Gurry said that     the then ongoing FIFA World Cup, 2014 was “the perfect example” for member states on the economic and social importance of broadcasting. He went on to add     that the Broadcast Treaty was the last component of the international legal framework which had not been “updated for the digital environment”. Identifying     the challenge as developing a shared understanding of what and how to protect, Mr. Gurry was of the opinion that the Committee would make progress on the     development of an instrument that was narrow in scope to combat cross border digital piracy.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;In his statement following that of the Director General, the Chairperson, Edgar Martin Moscoso Villacorta (&lt;b&gt;“the Chair”&lt;/b&gt;) explained that he     had held consultations with the regional coordinators and three other nations from each group on June 27, 2014 to figure out how best to proceed at the     upcoming 28&lt;sup&gt;th&lt;/sup&gt; Session of the Committee; before opening the floor to Regional Coordinators for their Opening Statements.&lt;/p&gt;
&lt;h2 style="text-align: justify; "&gt;Group Opening Statements by Regional Coordinators : Reflections of a North-South Divide&lt;/h2&gt;
&lt;p style="text-align: justify; "&gt;Opening statements by Regional Coordinators on behalf of their groups reflected sentiments similar to those witnessed at the 26&lt;sup&gt;th&lt;/sup&gt; and 27    &lt;sup&gt;th&lt;/sup&gt; Sessions of this Committee&lt;a href="#_ftn1" name="_ftnref1"&gt;[1]&lt;/a&gt;. While there was broad consensus on having a well-balanced work     plan that addressed the different issues of broadcasting, limitations and exceptions for libraries and archives as well as limitations and exceptions for     education, teaching, research and persons with disabilities, statements also reflected the disagreements between various groups on the maturity (or the     lack thereof) of the various items on the agenda, largely along the fault-lines of the classic &lt;i&gt;Global North&lt;/i&gt; v. the &lt;i&gt;Global South.&lt;/i&gt; For     instance, statements by the European Union (&lt;b&gt;“the EU”&lt;/b&gt;) and Group B, the group of developed countries emphasised the convening of a     diplomatic conference for the Broadcast Treaty, but on the other hand, statements by the groups of developing countries highlighted the importance of     limitations and exceptions.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The Regional Coordinator (presently, Paraguay) for the Group of Latin American and Caribbean Countries (&lt;b&gt;“GRULAC”&lt;/b&gt;) placed emphasis on a     “well balanced work plan which envisages the different issues” but also stated that for their group, “the issue of limitations and exceptions for libraries     and archives and educational and research institutions (is) of the utmost importance.”&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The representative of Bangladesh, in his capacity as the Regional Coordinator of the Asia-Pacific Group said that their group considered all issues to be     equally important, notwithstanding the fact that they might enjoy different levels of discussion at the SCCR; and on the issue of protection of     broadcasting organizations said that the group was “willing to work constructively” and hoped to continue “meaningful technical discussions in finalization     of the scope of the protection of broadcasting organizations and to advance further to a balanced international instrument of rights and responsibility for     the broadcasting organizations.”&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The statement of the Central European and Baltic States (“CEBS”) Group, presently represented by the Czech Republic categorically stated that the CEBS     Group was “striving for the successful conclusion of the work regarding the protection of broadcasting organizations with the aim to recommend to the     General Assemblies to convene the Diplomatic Conference to take place, as soon as possible, preferably in 2015.” (sic)&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Japan, speaking on behalf of Group B, in their statement recognised the “tradition…to allocate more time to discussion on more mature subject matters”,     referring to the Broadcast Treaty and, like the CEBS Group, also touched upon the issue of convening a Diplomatic Conference as soon as possible.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The European Union (&lt;b&gt;“the EU”&lt;/b&gt;) has perhaps been one of the most vocal proponents of the Broadcast Treaty at past sessions of the Committee,     and carried forward this tradition into the 28&lt;sup&gt;th&lt;/sup&gt; session as well, labelling negotiations on the Broadcast Treaty “a high priority” for Member     States. The EU also echoed the statements made by the CEBS Group as well as Group B on the need to call for a diplomatic conference “as soon as possible.”     In order to achieve this, said the EU, there was a need to build a “broad consensus” on the problems that needed to be addressed as well as on the extent     of protection envisaged.&lt;/p&gt;
&lt;h2 style="text-align: justify; "&gt;Technical Assistance from Broadcasters&lt;/h2&gt;
&lt;p style="text-align: justify; "&gt;The United States of America placed an emphasis on a treaty that would address challenges posed by new technologies, indicated in their request to the     Secretariat to inform the member states about different sizes and types of broadcasters using new technologies by conducting a survey, recognising that a     lot had changed over the course of the past 12 years, when a report on this issue was last prepared; a proposal which was supported by the delegation of     India as well.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Following these comments by the United States of America (but in an unrelated move), the Chair suggested technical assistance be sought from broadcasters.     Surprisingly, he identified three NGOs (in this case associations of broadcasters), namely Asian Broadcasters Union, International Association of     Broadcasters and National Association of Broadcasters, who could provide technical assistance if required.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;This stance was supported strongly by the delegations of Egypt and the Russian Federation. While it also found support from the Japanese delegation, it     also pointed out that a mere presentation might bring about some confusion, and instead thought that it might be a better idea to update the studies     commissioned by WIPO in 2002.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Resistance to this proposition was offered by the delegation of Venezuela who questioned the “expertize of these experts to speak to the Member States     about such a complicated issue” and “the selection criteria” among others. Exclaiming in surprise at the manner on which this proposal had been accepted,     the delegate sough further clarifications on the issue, demanding to know “who these very important people are who are going to come in and help us solve a     problem in which we have not been able to solve in 10 years.” (sic.) The concern on the absence of transparency was also echoed by the delegate of Uruguay,     who expressed his great “astonishment” at “three technical experts” at the session, saying that it was “most inappropriate” to be informed about the     presence of technical experts after regional coordinators had earlier expressed their refusal to have such an exercise. In response, the Chair said that     this was a decision that he had taken in response to a request for technical consultations made at the earlier session of the Committee. He went on to add     that the Committee could do without the technical assistance if perceived to be unnecessary and the process not transparent.&lt;/p&gt;
&lt;h2 style="text-align: justify; "&gt;Scope of Protection: Article 6&lt;/h2&gt;
&lt;p style="text-align: justify; "&gt;The Scope of Protection under the Broadcast Treaty is laid out under Article 6 of Working&lt;a href="http://www.wipo.int/edocs/mdocs/copyright/en/sccr_28/sccr_28_ref_sccr_27_2_rev.pdf"&gt;Document 27/2/Rev.&lt;/a&gt; (&lt;b&gt;“Working Document”&lt;/b&gt;).    &lt;b&gt; &lt;/b&gt;This document lays out the text which forms the basis of the negotiations at the SCCR.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Confining the Broadcast Treaty to a &lt;i&gt;signal based approach&lt;/i&gt; versus broadening the scope of the treaty to a more technologically neutral    &lt;i&gt;rights based approach&lt;/i&gt; was the chief point of conflict between the developed and the developing nations, reflect in their statements discussed     below.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Opening the proceedings, the United States of America (&lt;b&gt;“the US”/ “USA”&lt;/b&gt;) placed complete support on the statement of Group B; but also     added that the way forward “to finding consensus” was to “focus on a narrow treaty based on the core need of broadcasters for protection from signal     piracy.” The US proceeded to outline its proposal of “a single right to authorise the simultaneous or near simultaneous transmission of signal to the     public over any medium.” Highlighting the key advantages to this proposal the US said that its proposal was “modern”, recognizing the importance of “new     technologies that are used for engaging in signal piracy and avoids a number of negatives as to which concerns have been expressed in the discussions”.     However, the US was also quick to clarify that the “right would be limited to protection for the signal and not to the content contained in fixations of     the broadcast” and would also “avoid interference with the rights of the right holders in the content that was broadcast” as well as “avoid any impact on     consumers who were engaged in private activities such as home copying”.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;India reiterated its serious concerns regarding webcasting, simulcasting and retransmission over computer networks. Japan, on the other hand, while most     other nations chose to reserve their comments for discussions in the Informals alone.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;On the third day of this meeting, the Chair presented the progress that had been made over the course of the discussions taking place in the Informals. He     said that webcasting had been removed from the scope of application. The concern, said the Chair, was that webcasting was also carried out by other actors-     not just broadcasting organizations, and that having different rules for different actors carrying out the same activity would not be “a good message”     (sic.)&lt;/p&gt;
&lt;h2 style="text-align: justify; "&gt;Rights of Broadcasters: Article 9&lt;/h2&gt;
&lt;p style="text-align: justify; "&gt;The Rights of Broadcasters under the Broadcast Treaty are laid out under Article 9 of the    &lt;a href="http://www.wipo.int/edocs/mdocs/copyright/en/sccr_28/sccr_28_ref_sccr_27_2_rev.pdf"&gt;Working Document&lt;/a&gt;.&lt;b&gt; &lt;/b&gt;The US said that it     “remained convinced” that a narrow scope of rights would make it possible for the SCCR to recommend convening a diplomatic conference. The Russian     Federation on the other spoke of the need to take into account the “appearance of new technologies which provide new possibilities, particularly the use,     and the unauthorized use of the signal.”&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;As in the case of the Scope of Application, in the case of Rights of Broadcasters as well, the Chair updated the plenary on the discussions in the     Informals. The discussions were informed by two informal documents listing out the rights as well as the scope. While discussing the rights, said the     Chair, it was decided to merge simultaneous and near simultaneous retransmission since they were closely related. The rights sought to be granted to the     broadcasters include those of fixation, reproduction of fixations, distribution of fixations and performance of the broadcast among others.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;In response to the Chair’s invitation for suggestions, the delegate of Sri Lanka suggested that one of the sentences be rephrased as follows: “Transmission     or retransmission of the broadcast signal to the public over any medium whether simultaneous, near simultaneous or deferred including on demand     transmission on a broadcast signal.” She also added fixation rights should be granted only to that extent of a file being copied for the purpose of     transmission, before it has been transmitted. A few other delegations either echoed similar sentiments, or chose to remain silent until the Informals.&lt;/p&gt;
&lt;h2 style="text-align: justify; "&gt;Comments by NGOs&lt;/h2&gt;
&lt;p style="text-align: justify; "&gt;On the third (and the final for the Broadcast Treaty), day of discussions, the Chair opened the floor to interventions, observations and comments by NGOs.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;AIR, representing broadcasting organizations spoke of the “great need” to update the Rome Convention because of the prevalence of piracy, especially     transmissions over the internet. The National Association of Broadcasters cited instances of television piracy as examples of the harm to broadcasters and     need for such a treaty. The Japanese Commercial Broadcasters Association expressed its support for post fixation rights and said that they were important     to broadcasters, “especially the right of making available a fixed broadcast is crucial in order to fight online piracy which we said a number of times     before…” (sic.). Also recognising the need to be flexible, the Japanese Commercial Broadcasters expressed their support to the proposal made by the     Japanese delegation in making some rights optional.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;A different set of concerns was articulated by other NGOs, who were not associations of broadcasters. Trans Atlantic Consumer Dialogue (    &lt;b&gt;“TACD”&lt;/b&gt;) spoke of the possible “collateral damange to public access and culture” and the addition of “new layers of complications barriers     and costs added” to access to information and knowledge by consumers. Further, highlighting the irony of the SCCR with the strong push towards a binding     Broadcast Treaty “with a wide scope”, the Trans Atlantic Consumer Dialogue said that this was in “stark contrast on the part of some other Member States to     discussing new global norms” to facilitating the role played by libraries and archives. Additionally, TACD also said that there was the danger of “opening     up an endless and incomprehensive Pandora box of overlapping rights on content between non creators of broadcasts and the real creators” (sic.), and also     expressed grave concern over the negative impact of post fixation rights on the use of news, culture and information by consumers ad users. “In     consideration of a new international norm for broadcasters, we must not forget the common food for the free flow of information for citizens,” said TACD.     It also said that the focus of the work should not be to satisfy the interests of one special group while ignoring the possible negative unintentional     consequences on “normal users”, and asked for a social impact assessment of the Broadcast Treaty.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Knowledge Ecology International (&lt;b&gt;“KEI”&lt;/b&gt;) in their statement stated that the broadcasters had failed to meet their burden of proving the     need for “exclusive rights to fight piracy.” In order for the Committee to make progress, KEI suggested that the focus be on a “narrow treaty based on a     single right corresponding to the key need of broadcasting organizations for protection from signal piracy.” KEI also questioned and opposed the extension     of broadcasters’ rights to cable television and other services which were not only subscription based, but were also protected under theft of service laws.     Further confining the scope of the Broadcast Treaty, KEI suggested that the treaty only deal with over the air broadcasts which were free to the public.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;A powerful statement by CCIA referred to fixed signals as “fiction” and said that the existing model in the Brussels Satellite Convention was adequate to     protect piracy of signals. Echoing the sentiments of various other organisations as well (including CIS as discussed below), CCIA stated that while     broadcasters had stated that the present approach was not adequate to protect their interests, no reasons had been offered fir the same. In agreement with     other nations as well as TACD before it, CCIA also sought information from WIPO on the “real world impact of the obligations” it intended to create.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Also joining the call for impact assessment was the Third World Network (&lt;b&gt;“TWN”&lt;/b&gt;). TWN also spoke of restricting the scope of the Broadcast     Treaty to the mandate accorded to the SCCR in line with the 2007 General Assembly decision, the need to base discussing on WIPO’s Development Agenda, and     the “negative implications on the free flow of information over the Internet and the negative impact on the public domain and access to knowledge.”&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The Centre for Internet and Society (&lt;b&gt;“CIS”&lt;/b&gt;), in agreement with CCIA pointed out that the broadcasters had not discharged their burden of     justifying the need for the Broadcast Treaty and why “international instruments including, among others, the TRIPS and the Rome Convention” were     insufficient to address the concerns of broadcasters. Joining other organizations including CCIA, TACD and TWN in a call for a further study, CIS requested     an impact assessment of the Broadcast Treaty on all stakeholders. Further, CIS pointed out that if the rationale for seeking this protection was the     protection of the underlying investment, IP based transmissions should be out of the scope of this treaty, since the investments involved in IP based     transmissions and those in broadcasting in a traditional sense were very different. CIS also strongly opposed the inclusion of fixation and post fixation     rights since they were inconsistent with a &lt;i&gt;signals based approach&lt;/i&gt; and pointed out the irony in protecting a signal for twenty years, when the     signal itself lasted milliseconds.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;IFTA, the Independent Film and Television Alliance placed emphasis on the separation of the content and well as the broadcast signal as well maintaining a     balance by also safeguarding public interest.&lt;/p&gt;
&lt;h2 style="text-align: justify; "&gt;Chair’s Conclusions&lt;/h2&gt;
&lt;p style="text-align: justify; "&gt;After five days of deliberations, the 28&lt;sup&gt;th&lt;/sup&gt; Session of the SCCR, just like the 27&lt;sup&gt;th&lt;/sup&gt; Session, ended with no conclusions being adopted by the Committee, as a result of which the    &lt;a href="http://www.wipo.int/edocs/mdocs/copyright/en/sccr_28/sccr_28_ref_conclusions.pdf"&gt;Chair’s Conclusions&lt;/a&gt; were prepared by the Chair, Martin     Moscoso.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Clarifying that this item would be maintained on the agenda for the 29&lt;sup&gt;th&lt;/sup&gt; Session of the SCCR and that there had been no agreement on     recommendations to the WIPO General Assembly, the Chair’s Conclusions state that the Committee conducted discussions on issues relating to “categories of     platforms and activities to be included under the object and scope of protection to be granted to broadcasting organizations in the traditional sense, and     initiated discussions on definitions.” The Chair’s Conclusions also clarify that “the Secretariat was requested by some Members to provide an update of the     2010 study on “Current Market and Technology Trends in the Broadcasting Sector” (Document SCCR 19/12), focusing on the use of digital technology by     cablecasting and broadcasting organizations in the traditional sense whether public or commercial, including in developing countries, with the aim of     presenting the results of the study and providing opportunities for technical discussion at the 29th session of the SCCR.”&lt;/p&gt;
&lt;div style="text-align: justify; "&gt;
&lt;hr align="left" size="1" width="100%" /&gt;
&lt;div id="ftn1"&gt;
&lt;p&gt;&lt;a href="#_ftnref1" name="_ftn1"&gt;[1]&lt;/a&gt; &lt;i&gt;See&lt;/i&gt; http://cis-india.org/a2k/blog/wipo-sccr-consolidated-26-session-consolidated-notes-part-1 (last accessed 17 July, 2014),             http://cis-india.org/a2k/blog/wipo-sccr-26-session-consolidated-notes-part-2 (last accessed 17 July, 2014) and             http://cis-india.org/a2k/blog/wipo-sccr-26-session-consolidated-notes-part-3 (last accessed 17 July, 2014) for CIS’ report on the 26&lt;sup&gt;th&lt;/sup&gt; Session of the Committee.&lt;/p&gt;
&lt;p&gt;&lt;i&gt;See&lt;/i&gt; http://cis-india.org/a2k/blog/wipo-sccr-27-discussions-transcripts (last accessed 17 July, 2014) for transcripts of the discussions at the 27            &lt;sup&gt;th&lt;/sup&gt; Session of the Committee.&lt;/p&gt;
&lt;p&gt;&lt;i&gt;See&lt;/i&gt; http://cis-india.org/a2k/blog/cis-statement-limitations-and-exceptions-education-training-research-institutions-persons-with-other-disabilities             (last accessed 17 July, 2014) and http://cis-india.org/a2k/blog/cis-statement-treaty-for-limitations-and-exceptions-for-libraries-and-archives             (last accessed 17 July, 2014) for CIS’ Statements at the 26&lt;sup&gt;th&lt;/sup&gt; Session of the Committee.&lt;/p&gt;
&lt;p&gt;&lt;i&gt;See&lt;/i&gt; http://cis-india.org/a2k/blog/cis-statement-27-sccr-on-wipo-proposed-treaty-for-protection-of-broadcasting-organizations (last accessed 17 July,             2014),             http://cis-india.org/a2k/blog/cis-statement-orphan-works-retracted-withdrawn-works-and-works-out-of-commerce-at-27-sccr-on-limitations-and-exceptions-for-libraries-and-archives             (last accessed 17 July, 2014) and             http://cis-india.org/a2k/blog/cis-statement-on-technological-measures-of-protection-27-sccr-on-limitations-exceptions-for-libraries-and-archives             (last accessed 17 July, 2014) for CIS’ Statements at the 27&lt;sup&gt;th&lt;/sup&gt; Session of the Committee.&lt;/p&gt;
&lt;/div&gt;
&lt;/div&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/a2k/blogs/wipo-sccr-28-proposed-treaty-for-protection-of-broadcasting-organizations'&gt;https://cis-india.org/a2k/blogs/wipo-sccr-28-proposed-treaty-for-protection-of-broadcasting-organizations&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>nehaa</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Access to Knowledge</dc:subject>
    
    
        <dc:subject>WIPO</dc:subject>
    

   <dc:date>2014-08-07T10:44:05Z</dc:date>
   <dc:type>Blog Entry</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/a2k/blogs/25th-session-of-the-wipo-scp-statement-on-future-work">
    <title>25th Session of the WIPO SCP: Statement on Future work</title>
    <link>https://cis-india.org/a2k/blogs/25th-session-of-the-wipo-scp-statement-on-future-work</link>
    <description>
        &lt;b&gt;Rohini Lakshané, attending the 25th session of the World Intellectual Property Organization (WIPO) Standing Committee on the Law of Patents (SCP) held in Geneva from December 12, 2016 to December 15, 2016, made this statement on Agenda Item #12, "Future Work".&lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;Thank you, madam Chair.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;On behalf of my organisation, the Centre for Internet and Society, India, I urge future SCPs to include the topics of standards as well as patents in the hardware and software domains. In many developed countries, the mobile phone is the only means of access to the Internet, and in turn, of access to knowledge and information. In a study published this year by CIS, we found that all mobile phone patents in India are owned by non-Indian entities. Like in the case of pharmaceuticals, we believe that a rise in prices should not drive affordable hardware out of the reach of the people. To that effect, I would like to reiterate that the SCP consider including this topic in future meetings.&lt;br /&gt;&lt;br /&gt;Thank you, madam Chair.&lt;/p&gt;
&lt;hr /&gt;
&lt;p&gt;&lt;a class="external-link" href="http://cis-india.org/a2k/blogs/25-wipo-sccr-agenda.pdf"&gt;See the agenda&lt;/a&gt;&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/a2k/blogs/25th-session-of-the-wipo-scp-statement-on-future-work'&gt;https://cis-india.org/a2k/blogs/25th-session-of-the-wipo-scp-statement-on-future-work&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>rohini</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Access to Knowledge</dc:subject>
    
    
        <dc:subject>WIPO</dc:subject>
    

   <dc:date>2016-12-16T23:01:40Z</dc:date>
   <dc:type>Blog Entry</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/a2k/blogs/twenty-fifth-session-of-wipo-scp-statement-on-assessment-of-inventive-step">
    <title>25th Session of the WIPO SCP: Statement on Assessment of Inventive Step </title>
    <link>https://cis-india.org/a2k/blogs/twenty-fifth-session-of-wipo-scp-statement-on-assessment-of-inventive-step</link>
    <description>
        &lt;b&gt;Statement emailed by Rohini Lakshané on behalf of the Centre for Internet and Society to the Secretariat for the WIPO Standing Committee for the Law of Patents, Twenty Fifth Session, with reference to agenda item 7, "Sharing session on examples and cases relating to assessment of inventive step including, but not limited to, the topics suggested in document SCP/24/3, paragraph 8.&lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;Based on submissions by various stakeholders, the Indian Patent Office released a new set of guidelines for patent examiners to examine Computer Related Inventions or CRIs, in February 2016. The guidelines, inter alia, introduced a new three-step test, which The Centre for Internet and Society, India, had proposed to the IPO in its submissions. The test determines the applicability of section 3(k) of the Indian Patents Act, which excludes as inventions "a mathematical or business method or a computer program per se or algorithms".&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The three-step test places a restriction on the patenting of software. An invention which merely uses or implements a computer programme is not granted patent on the basis of the inventiveness of the computer programme per se. Only if the contribution of the claim lies in both the computer programme as well as hardware, it would be considered for other steps of patentability. All in all, the new guidelines are in compliance with the legislative requirement for patentability of software.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Innovation in electronic hardware as well as in software is cumulative and often involves building upon previous inventions. Various small and medium enterprises in their submissions had requested a strict standard for patentability of software inventions. We hope that the implementation of these guidelines would enable start-ups and small and medium enterprises to innovate without the fear of patent infringement litigation.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Thank you, Madam Chair.&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/a2k/blogs/twenty-fifth-session-of-wipo-scp-statement-on-assessment-of-inventive-step'&gt;https://cis-india.org/a2k/blogs/twenty-fifth-session-of-wipo-scp-statement-on-assessment-of-inventive-step&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>rohini</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Access to Knowledge</dc:subject>
    
    
        <dc:subject>WIPO</dc:subject>
    

   <dc:date>2016-12-16T22:27:03Z</dc:date>
   <dc:type>Blog Entry</dc:type>
   </item>




</rdf:RDF>
