Wednesday, January 17, 2007

Chair's non-papers highlights

by Manon Ress
January 17, 2007. SCCR Special Session 1.
Morning Session of Day 1

highlights of chair's Non-Paper discussion paper (to guide the discussions for this special session):

Decision of the GA
"to agree and finalize on a signal-based approach, he objectives, specific scopes and object of protection.."
Purpose and nature of this non-paper
"the goal is to make the treaty more acceptable for all. Delegations are invited to consider the next preparatory steps based on these elements"

Approach: 'on a signal-based approach"
[...]"focus should be set on the protection of the "live-signal"
it should be stressed that the signal-based approach by no means precludes granting some exclusive rights to broadasting organizations. The signal-based approach and question whether the protection is rights-based or based on other legal means, are actually different aspects or dimensions of the protection
"if the range of exclusive rights and that of protections would be reduced, and also the object made more precise, the Delegations could consider to reduce or narrow down also other provisions, surrounding these provisions on protection"

Task 1: "objectives"
[...] its fcus is on "anti-piracy" function but it provides also protection agaisnt competitors and against unfair exploitation and against free-riding"

"If the provisions on rights would be reformulated or reduced, the delegations could also consider qualifying some of the provisions on protection to be applicable only against acts that are committed fr commercial purposes, for competitive uses, or for outright misappropriation ("theft of signals")"

Task 2: 'specific scope"
The treaty would provide a form of protection, consistng of related rights, and/or other specific protections that are not defined as rights. They are independent and self standning rights or protections in relation to rights of authors and other right holders of the programme content. They do not interfere with, nor do they depend on, other rights."


The Delegations could consider what elements are absolutely necessary to meet the objective of the treaty, and the need for an adequate and effective protection."

Task 3 "object of protection"
The object of protection is the "broadcast"

The term "broadcast" has not been defined in any international instrument. If now defined, the term should ideally have the same scope as in these treaties [Rome Convention and TRIPS], and in any case should not be narrower.
It is suggested that a technologically neutral definition of the "broadcast" be added to the instrument, and possibly complemented by a definition of the "signal".



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