CP/DA/XII/4
page 1
WIPO / / WO/CF/XIV/2ORIGINAL: English
DATE: September 15, 1997
WORLD INTELLECTUAL PROPERTY ORGANIZATION
GENEVA
WIPO CONFERENCE
Fourteenth Session (13th Ordinary)
Geneva, September 22 to October 1, 1997
REPORT OF THE 1997 SESSION OF THE WIPO PERMANENT
COMMITTEE ON DEVELOPMENT COOPERATION RELATED TO
COPYRIGHT AND NEIGHBORING RIGHTS (PC/CR)
Memorandum by the Director General
.During the Twenty-Ninth Series of Meetings (held from September 23 to October 2, 1996) of the Governing Bodies of WIPO and the Unions administered by WIPO, it was decided that an item entitled “Examination of the Reports of the 1997 Session of the Permanent Committees on Development Cooperation related to Industrial Property (PC/IP) and related to Copyright and Neighboring Rights (PC/CR)” would be included in the draft agenda of the WIPO Conference (see documentAB/XXIX/10, paragraph 137).
2.The WIPO Permanent Committee for Development Cooperation Related to Copyright and Neighboring Rights held its twelfth session in Geneva from September 9 to 12, 1997. The report of the session is given in the Annex.
3.The WIPO Conference is invited to note the contents of the report of the Committee.
[Annex follows]
WO/CF/XIV/2
Annex, page 1
REPORT OF THE SEPTEMBER 9 TO 12, 1997, SESSION OF
THE WIPO PERMANENT COMMITTEE ON DEVELOPMENT COOPERATION
RELATED TO COPYRIGHT AND NEIGHBORING RIGHTS
(WIPO document CP/DA/XII/4)
Introduction
1.The WIPO Permanent Committee for Development Cooperation Related to Copyright and Neighboring Rights (referred to hereinafter as “the Permanent Committee”) held its twelfth session in Geneva from September 9 to 12, 1997.
2.Seventy-five States, members of the Permanent Committee were represented at the session: Algeria, Angola, Argentina, Bangladesh, Belgium, Benin, Bhutan, Bolivia, Brazil, Burkina Faso, Central African Republic, Chad, Chile, China, Colombia, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Ecuador, Egypt, El Salvador, France, Gambia, Ghana, Guatemala, Guinea, Guinea-Bissau, Haiti, Honduras, Hungary, India, Indonesia, Italy, Jamaica, Japan, Jordan, Kenya, Latvia, Lesotho, Malawi, Mali, Mexico, Mongolia, Morocco, Nepal, Niger, Nigeria, Pakistan, Panama, Paraguay, Philippines, Portugal, Republic of Korea, Russian Federation, Senegal, South Africa, Spain, Sri Lanka, Sudan, Sweden, Switzerland, Thailand, Togo, Trinidad and Tobago, Uganda, United Arab Emirates, United Kingdom, United Republic of Tanzania, United States of America, Uruguay, Venezuela, Viet Nam, Zambia and Zimbabwe.
3.The following six States were represented as observers: Belarus, Kyrgyzstan, Madagascar, Qatar, Slovakia and Yugoslavia.
4.Observers from two intergovernmental organizations, namely: the World Trade Organization (WTO), and the United Nations Educational, Scientific and Cultural Organization (UNESCO), and seven national and international nongovernmental organizations, namely: the International Confederation of Societies of Authors and Composers (CISAC), the European Bureau of Library, Information and Documentation Association (EBLIDA), the Ibero-Latin-American Federation of Performers (FILAIE), the International Federation of Musicians (FIM), the International Federation of Reproduction Rights Organizations (IFRRO), the Max Planck Institute for Foreign and International Patent, Copyright and Competition Law (MPI), and the University of Alicante, also participated in the meeting.
5.The list of participants is annexed to this report. [Here omitted.]
Opening of the Session
6.On behalf of the Director General of WIPO, Mr. Carlos Fernández Ballesteros, Assistant Director General, opened the session and welcomed the participants. A special welcome was extended to Bolivia and Ecuador which had become members of the Permanent Committee at the present session, bringing its membership up to 111 States.
Election of the Chairman and two Vice-Chairmen
7.The Permanent Committee unanimously elected Mr. Fernando Zapata López (Colombia) as Chairman, and Mr. Henry Olsson (Sweden) and Mrs. Ketrah Tukuratiire (Uganda ) as Vice-Chairmen. Mr. Carlos Fernández Ballesteros, Assistant Director General of WIPO, acted as Secretary of the Permanent Committee.
Adoption of the Agenda
8.The Permanent Committee adopted the agenda as contained in document CP/DA/XII/2Rev.
Review and Evaluation of ACTIVITIES UNDER THE PERMANENT PROGRAM SINCE THE BEGINNING OF 1995 AND REVIEW OF THE SECOND DECADE OF THE Development Cooperation AND RELATED Activities in the Field of Copyright and Neighboring Rights Under the WIPO Permanent Program (1987-1996)
9.Discussions were based on documents AB/XXIX/2, AB/XXXI/4, AB/XXXI/5 and CP/DA/XII/3 Rev., which covered development cooperation activities in the field of copyright and neighboring rights in 1995, 1996, the first half of 1997 and a summary of the activities from 1987 to 1996 respectively.
10.Mr. Carlos Fernández Ballesteros, Assistant Director General of WIPO, explained at the outset that the session did not take place in 1996 as planned, largely due to the fact that the intended dates coincided with a number of other meetings on copyright and neighboring rights organized by the International Bureau at global and regional levels involving the participation of developing countries, in particular the Diplomatic Conference on Certain Copyright and Neighboring Rights Questions convened by WIPO in December 1996 in Geneva and all the preparatory meetings leading to it.
11.Referring to document CP/DA/XII/3 Rev., he pointed out that the document did not contain a chapter on the future agenda of the Permanent Committee because the guidelines for future development cooperation activities, together with a program and budget, would be decided at the upcoming 31st Series of Meetings of the Governing Bodies of WIPO.
12.The Assistant Director General, referring to documents AB/XXIX/2, AB/XXXI/4, AB/XXXI/5 and CP/DA/XII/3 Rev., underlined the main objectives of the WIPO Permanent Program for Development Cooperation Related to Copyright and Neighboring Rights, which concern activities in the field of development of human resources, improvement of national and regional legislation and its enforcement as well as institution building in developing countries.
13.He reported that the period since the last session of the Permanent Committee in 1994 had seen a remarkable increase in cooperation activities for developing countries in the field of copyright and neighboring rights, as demands from developing countries for legal and technical assistance from WIPO had grown tremendously. The International Bureau had responded appropriately to the large variety of requests for assistance in the areas of developing human resources, strengthening legal infrastructure and collective management and promoting awareness of copyright and neighboring rights in developing countries.
14.He drew special attention to the fact that during the period under review and particularly since 1994 following the adoption of the TRIPS Agreement, there was a significant increase in demand from developing countries for assistance in their efforts to enact and update national legislation to comply with the requirements of the TRIPS Agreement. He further recalled that the International Bureau had prepared 43 draft laws and comments at the requests of developing countries in the last three years.
15.He also noted that the budget allocated to development cooperation activities in the field of copyright and neighboring rights had been increased in recent years in order to meet the growing needs and requests from developing countries for technical assistance. Of the total budget of over 8,500,000 Swiss francs for 1996, about one third was used for activities related to copyright and neighboring rights and two thirds for other activities.
16.The Assistant Director General highlighted in particular the increase, during the period under review, in the number of States party to the Berne Convention, from 76 in 1986 to 126 in 1997, the increase in the number of countries benefiting from WIPO development cooperation program from 46 in 1987 to 99 in 1996, the increase in the number of contributing countries from 13 in 1987 to 63 in 1996, and the increase in the number of fellowships granted from 83 in 1987 to 232 in 1996.
17.He noted that as a result of the development cooperation program in the last decade, a number of developing countries in particular in Africa had established or strengthened their infrastructure for copyright administration, including government agencies and collective management societies.
18.Recalling the achievements of the development cooperation program, he underlined that they were only made possible with the continued and sustained support and assistance from a number of government authorities and organizations, and national and international non-governmental organizations, which had contributed in various ways to the organization and successful completion of the programs. Such contributions were made by ways of, inter alia, funds-in-trust, sponsoring participants from developing countries to seminars or other training courses, receiving trainees and study visits, making available the services of speakers and experts, etc.
19.On behalf of the International Bureau, the Assistant Director General expressed thanks and appreciation to the governments of, and copyright and neighboring rights organizations in, the following countries: Algeria, Belgium, Burkina Faso, Finland, France, Hungary, Japan, Mexico, Portugal, Spain, Sweden, Switzerland, United Kingdom, United States of America, the Belgian Society of Authors, Composers and Publishers (SABAM), the British Copyright Council (BCC), the Chilean Authors Society (SCD), the Hungarian Bureau for the Protection of Authors’ Rights (ARTISJUS), the General Authors and Publishers Society of Spain (SGAE), the Swiss Society for Authors’ Rights in Musical Works (SUISA), the Uruguayan Authors Society (AGADU), the Islamic Educational, Scientific and Cultural Organization (ISESCO), the International Confederation of Societies of Authors and Composers (CISAC), the International Federation of the Phonographic Industry (IFPI), the Latin American Federation of Producers of Phonograms and Videograms (FLAPF) and the International Federation of the Reproduction Rights Organization (IFRRO).
20.Fifty delegations of States spoke under this agenda item, namely the delegations of Argentina, Bangladesh, Benin, Bhutan, Bolivia, Brazil, Burkina Faso, Central African Republic, Chad, Chile, China, Colombia, Costa Rica, Côte d’Ivoire, Cuba, Ecuador, Egypt, Ghana, Guatemala, Haiti, Honduras, India, Indonesia, Jamaica, Japan, Jordan, Kenya, Lesotho, Malawi, Mali, Mexico, Morocco, Nepal, Niger, Nigeria, Pakistan, Philippines, Republic of Korea, Senegal, Sri Lanka, Sudan, Sweden, Togo, Trinidad and Tobago, Uganda, United Kingdom, United Republic of Tanzania, United States of America, Venezuela and Zambia. The representatives of the World Trade Organization (WTO), the International Federation of Reprographic Rights Organization (IFRRO), the International Confederation of Societies of Authors and Composers (CISAC) and the Ibero-Latin-American Federation of Performers (FILAIE) also made statements.
21.Many delegations commended the International Bureau on the high quality of the documents prepared for the meeting, and the concise and useful information they contained. Nevertheless, some delegations said that they would like to see documents containing additional information on the resources allocated to each activity, which would make possible a more complete evaluation of the development cooperation activities. A number of Delegations suggested that the documents contain more analytic evaluation of the activities.
22.Virtually all the delegations that took the floor expressed their appreciation for, and indicated their full support of, WIPO cooperation activities in the field of copyright and neighboring rights in developing countries, covering development of human resources, development and enforcement of national and regional legislation, and institution building. They noted with satisfaction the increase of activities undertaken by the International Bureau under the leadership of its Director General in the last 10 years and praised the work done by the staff of the copyright development cooperation sector.
23.The Permanent Committee emphasized the need for WIPO to continue strengthening its cooperation with and assistance to developing countries, in particular to address the challenges to the protection of copyright and neighboring rights posed by digital technologies at the dawn of a new century, and the protection of folklore.
24.A number of delegations from developing countries underlined the importance of expanding activities in relation to the TRIPS Agreement, especially the preparations they have to make in the transitional period for the fulfillment of the obligations under the said agreement including the enforcement of copyright and neighboring rights.
25.A number of delegations expressed their thanks to the countries and organizations that had contributed to the WIPO development cooperation program by hosting training courses or receiving trainees in the field of copyright and neighboring rights, and hoped that such contributions would continue in the years to come.
26.Several delegations confirmed their willingness to continue cooperating with WIPO in organizing training courses for and receiving trainees from developing countries, which would help the dissemination of information concerning copyright and neighboring rights.
27.Several delegations stressed the importance of continuing dialogue between developing countries and developed countries, and dialogue between receiving countries and donor countries, which would help in better designing the development cooperation program to meet the specific need of developing countries.
28.The Delegation of Sweden congratulated the International Bureau for its development cooperation activities. It recalled the long history of fruitful cooperation with WIPO in organizing training courses in Stockholm and expressed appreciation to the various Swedish organizations, both governmental and private, as well as to IFPI and IFRRO that contributed to the courses by sending speakers or organizing study visits. The Delegation commended the International Bureau for its fair geographical distribution and diversified varieties of activities. While stressing the importance of keeping all countries informed of the new development in the protection of copyright and neighboring rights, it thanked WIPO for organizing a symposium on the two new WIPO treaties during the meeting.
29.It stressed the importance of continuing dialogue between developed and developing countries as a useful channel through which donor countries could better understand the need of developing countries. In this context the Delegation welcomed the holding of the Permanent Committee meeting. It mentioned a number of items of particular importance which were raised by the participants from developing countries in a recent training course in Stockholm as issues for continued discussion: the TRIPS Agreement, folklore, reprography, digital technology, teaching of intellectual property and improvement of the awareness of copyright and neighboring rights. It emphasized the importance of organizing training courses which could also offer an opportunity for developing countries to come together and discuss issues of common concern. The Delegation expressed its full satisfaction with the cooperation with WIPO and stated that its Government intended to continue supporting WIPO’s development cooperation program in the future.
30.The Delegation of Nigeria indicated that this meeting was taking place towards the conclusion of the term of office of the present Director General of WIPO, Dr. Arpad Bogsch, under whom the Development Cooperation Program for Copyright and Neighboring Rights had been initiated. The Delegation stated that all those present at the meeting could not pay enough tribute to Dr. Bogsch, who was to be congratulated and thanked for his initiative and support. The view was expressed that all developing countries should be pleased that an African, namely Mr. Kamil Idris, has been nominated to succeed Dr. Bogsch. Particular thanks were offered to Mr. Fernández Ballesteros for the role he has played as the coordinator and motivator of the Development Cooperation Sector and also to his team of professional and administrative assistants. The Delegation referred to the extensive cooperation that has taken place between its Government and the International Bureau, from which the Government has benefited immensely. In so far as the next decade of activities is concerned, the Delegation requested that WIPO’s development cooperation activities in Nigeria should also address the publishing sector. Finally, the Delegation thanked the many donor countries, particularly Sweden, Japan and the United Kingdom, which had contributed to the development cooperation program, and requested in general that richer nations also contribute to this program.
31.The Delegation of Bangladesh congratulated WIPO on the excellent presentation and exposition of the development cooperation activities related to the protection of copyright and neighboring rights over the last decade. It expressed the appreciation of its Government to WIPO for its program and activities. It stressed the need for appropriate legislation and modernization of legislation in the field of copyright and emphasized the importance of its meaningful and effective implementation as well as the effective translation of such laws and policies into reality.
32.The Delegation stated that there is a lack of effective collective management organizations and mechanisms for enforcement of legislation in least developed and developing countries like Bangladesh. It underlined the importance and benefits for right holders to safeguard their rights through collective management of copyright. It also underlined the lack of information and awareness among right holders such as writers, musicians, performers and composers regarding the economic value of their works and products. The Delegation emphasized the need for the creation of organizations and societies which will work for the effective protection of these rights and, if there is infringement of such rights, resort to effective measures to stop such infringement through lawful action. It requested cooperation and assistance from WIPO in this regard. It further requested enhanced WIPO assistance in terms of training programs for both government officials and the private sector representatives in order to strengthen and promote the objectives of WIPO. The Delegation expressed the desire that an effective future plan of action should be drawn up on copyright and neighboring rights with particular relevance to the least developed countries and the developing countries. The Delegation said that its country hoped to accede to the Berne Convention and to host a regional seminar on copyright and neighboring rights in 1998 with the cooperation and assistance of WIPO.
33.The Delegation of Pakistan expressed the hope for more analysis of the results achieved in the past and activities planned for the next decade. It stated that development cooperation activities should follow the principles of being demand-driven and nationally executed as far as possible. It emphasized the importance of making developing countries familiar with the new international treaties, in particular those relating to new technologies such as databases and domain names, as lack of full understanding would prevent them from joining these international instruments.