Athens IGF: Call for an elaboration on a Treaty on Access to Knowledge

31 October 2006
FromGeneva
Thiru Balasubramaniam


In the discussion session on "Openness" at the Athens Internet Governance Forum moderated by Nik Gowing of BBC World, the representative from the Republic of South Africa posited that the Internet Governance Forum could consider an elaboration on a Treaty on Access to Knowledge as a tangible way forward to find the balance between the rights and obligations conferred by intellectual property and the public interest. James Love (CPTech) called upon his fellow panelists (see list below) to endorse the elaboration on a Treaty on Acces to Knowledge first proposed by the Friends of Development in 2004 at WIPO. Hanne Sophie Greve, former judge at the European Court of Human Rights, endorsed the Treaty on the spot. This panel is being webcast now.

Here is the program and list of panelists.

31 October, 1000-1300

Openness
Session Chairman: Theodoros Roussopoulos, Minister of State of Greece

Moderator: Nik Gowing, Main Presenter, BBC World

* Carlos Afonso, Technical Director of RIT (services and capacity-building network of ICTs)
* Anriette Esterhuysen, Executive Director, APC
* Hanne Sophie Greve, former judge at the European Court of Human Rights
* Joichi Ito, Creative Commons
* Jamie Love, Director, CPTech
* Senator Paschal Mooney, Government Spokesperson on Foreign Affairs (Ireland), broadcaster/ journalist
* Andrew Puddephatt, OBE, various human rights organizations
* Art Reilly, Senior Director, Strategic Technology Policy, Cisco Systems
* Richard Sambrook, Director BBC Global News
* Fred Tipson, Senior Policy Counsel , Microsoft,
* Catherine Trautmann, Member of the European Parliament

IGF: Ambassador David Gross on "Security and IPR"

31 October 2006
FromGeneva
Thiru Balasubramaniam

The inaugural Internet Governance Forum is well underway in Athens, Greece (30 October-2 November 2006). Created by the UN Secretary-General from the mandate of the Tunis Agenda, it is the first, high-level, multistakeholder forum dedicated to internet governance. From initial impressions, it appears that over a 1000 people are attending the Athens IGF. Yesterday afternoon's panel, entitled "Setting the scene" was moderated by Kenneth Cukier of the Economist. This panel introduced the main themes of this year's IGF: openness, security, diversity and access. On the issue of security, Ambassador David Gross (United States) asserted that,

[t]his is a very serious and important issue for all of us. We think there are certain core principles that, from our perspective, guide us through this difficult process. The question really does touch on the different natures of security. But taking the question about the terrorist aspect of it, for example, we think, first and foremost, that we should never lose sight of the importance of the Internet as a conduit for the free flow of information. And that no one should use these other issues as an excuse for restricting it in ways that are not very carefully circumscribed. So we believe that restrictions on the Internet content have to be done transparently, have to be done as a result of rule of law, which is -- has great care, including the enactment in the rule of law. But, yet, also take into account the fact that illicit uses of the Internet are inappropriate, whether it's IPR violations that we've all dealt with for some period of time, whether it is incitement to violence if the like. So it requires us to do something very important but often very difficult, which is to keep two conflicting ideas in our head at the same time. One is the importance of the free flow of information, which is incredibly powerful. We have seen the rise of democracies around the world that corresponds very closely to the rise of the Internet, from about 30 democracies in the world in the '70s to over 120 today. While at the same time, recognizing that terrorism can create problems, can kill people, through the use of the Internet, and must be stopped as well. But how we do that has to be very carefully done in ways that are carefully tailored, transparent rule of law.

CPTech reaction on WIPO Broadcasting Treaty Decision

2 October 2006

James Love (CPTech), "The WIPO General Assembly corrected a mistake made two weeks ago. The decision recognized that no one was ready for a Diplomatic Conference at this point. It shows that there are some problems with the way the SCCR is run. Hopefully, the WIPO leadership will get the hint."

Thiru Balasubramaniam (CPTech), "CPTech welcomes the Decision of the WIPO General Assembly to pursue a signal-based approach in this Treaty in lieu of granting dangerous new entitlements to broadcasters. As we made clear to the WIPO General Assembly, convening a Diplomatic Conference at this stage would have been premature."

Broadcasting decision adopted @ WIPO General Assembly

At 11:30 AM (Geneva time) today, the WIPO General Assembly adopted the following text by consensus:

WIPO General Assembly, 2006
September 30, 2006

ITEM 10: PROTECTION OF BROADCASTING ORGANIZATIONS

Draft Decision

Outcome from the informal consultations, September 27-30, 2006,

Prepared by the Chairman of the SCCR

1. The General Assembly approves the convening of the Diplomatic Conference on the Protection of the Rights of Broadcasting Organizations under the conditions set out in paragraph 4 below from November 19 to December 7, 2007, in Geneva. The objective of this Conference is to negotiate and conclude a WIPO treaty on the protection of broadcasting organizations, including cablecasting organizations. The scope of the treaty will be confined to the protection of broadcasting and cablecasting organizations in the traditional sense.

2. The Revised Draft Basic Proposal (Document SCCR/15/2) will constitute the Basic Proposal with the understanding that all Member States may make proposals at the Diplomatic Conference.

3. The meeting of a preparatory committee will be convened for June 2007 to prepare the necessary modalities of the Diplomatic Conference. The preparatory committee will consider the draft rules of procedure to be presented for adoption to the Diplomatic Conference, the lists of States, as well as intergovernmental and non-governmental organizations to be invited to participate in the conference, as well as other necessary organizational matters.

4. Two special sessions of the Standing Committee on Copyright and Related Rights to clarify the outstanding issues will be convened, the first one in January 2007, and the second one in June 2007 in conjunction with the meeting of the preparatory committee. It is understood that the sessions of the SCCR should aim to agree and finalize, on a signal-based approach, the objectives, specific scope and object of protection with a view to submitting to the Diplomatic Conference a revised basic proposal, which will amend the agreed relevant parts of the Revised Draft Basic Proposal referred to in Paragraph 2. The Diplomatic Conference will be convened if such agreement is achieved. If no such agreement is achieved, all further discussions will be based on Document SCCR/15/2.

5. The WIPO Secretariat will organize, in cooperation with the Member States concerned, and at the request of Member States, consultations and information meetings on the matters of the Diplomatic Conference. The meetings will be hosted by the inviting Member States.

6. The General Assembly is invited to approve the convening of the Diplomatic Conference on the Protection of the Rights of Broadcasting Organizations, from November 19 to December 7, 2007, and its preparatory arrangements as recommended by the fifteenth session of the SCCR and as amended above.

WIPO Draft Decision on the "Protection of Broadcasting Organizations"

This draft decision will be discussed on Monday, 2 October 2006 at the WIPO General Assembly.

WIPO General Assembly, 2006
September 30, 2006

ITEM 10: PROTECTION OF BROADCASTING ORGANIZATIONS

Draft Decision

Outcome from the informal consultations, September 27-30, 2006,

Prepared by the Chairman of the SCCR

1. The General Assembly approves the convening of the Diplomatic Conference on the Protection of the Rights of Broadcasting Organizations under the conditions set out in paragraph 4 below from November 19 to December 7, 2007, in Geneva. The objective of this Conference is to negotiate and conclude a WIPO treaty on the protection of broadcasting organizations, including cablecasting organizations. The scope of the treaty will be confined to the protection of broadcasting and cablecasting organizations in the traditional sense.

2. The Revised Draft Basic Proposal (Document SCCR/15/2) will constitute the Basic Proposal with the understanding that all Member States may make proposals at the Diplomatic Conference.

3. The meeting of a preparatory committee will be convened for June 2007 to prepare the necessary modalities of the Diplomatic Conference. The preparatory committee will consider the draft rules of procedure to be presented for adoption to the Diplomatic Conference, the lists of States, as well as intergovernmental and non-governmental organizations to be invited to participate in the conference, as well as other necessary organizational matters.

4. Two special sessions of the Standing Committee on Copyright and Related Rights to clarify the outstanding issues will be convened, the first one in January 2007, and the second one in June 2007 in conjunction with the meeting of the preparatory committee. It is understood that the sessions of the SCCR should aim to agree and finalize, on a signal-based approach, the objectives, specific scope and object of protection with a view to submitting to the Diplomatic Conference a revised basic proposal, which will amend the agreed relevant parts of the Revised Draft Basic Proposal referred to in Paragraph 2. The Diplomatic Conference will be convened if such agreement is achieved. If no such agreement is achieved, all further discussions will be based on Document SCCR/15/2.

5. The WIPO Secretariat will organize, in cooperation with the Member States concerned, and at the request of Member States, consultations and information meetings on the matters of the Diplomatic Conference. The meetings will be hosted by the inviting Member States.

The General Assembly is invited to approve the convening of the Diplomatic Conference on the Protection of the Rights of Broadcasting Organizations, from November 19 to December 7, 2007, and its preparatory arrangements as recommended by the fifteenth session of the SCCR and as amended above.