36th SCCR: CIS Statement on the Proposed Treaty for the Protection of Broadcasting Organizations

By Anubha Sinha · Published 28 May 2018

Anubha Sinha, attending the 36th Session of the World Intellectual Property Organization (“WIPO”) Standing Committee on Copyright and Related Rights (“SCCR”) at Geneva from May 28, 2018 to June 1, 2018, made this statement on the Proposed Treaty for the Protection of Broadcasting Organizations on behalf of CIS on Day 1, May 28.

Thank you Mr. Chair

We would like to highlight that some of the existing alternatives to the text of the Broadcasting treaty have serious issues.

Some of the points that bear re-emphasizing are problems with watering down of limitations and exceptions, and the contemplation of a fifty year term of protection without any rationale or justifications.

If you look at the history of the Committee’s deliberations, the limitations and exceptions have been significantly diluted over the years. On the other hand, the ask for increased protections in terms of number of rights, scope and term has only increased.

Further, if the protection extends only to the signal and not to the programmes contained therein, it is not clear as to why a 50 year protection is needed for an ephemeral signal.

Reiterating the words of the Asia-Pacific Group - this matter requires proper balancing from a developmental perspective. I submit that in my opinion, it does not appear that we are anywhere close to achieving that.

Thank you.