Notice for 1st meeting of expert committee on WIPO for 2 September

F. No. N 440411t2014-BC-l
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Meetinq Notice
Subject:
First meeting of the Expert Committee on WlpO.
An Expert committee has been constituted vide this Department's
order
of even number dated 3'd Apnr, 2014 with the approvar of
secietary, rvrinistry ot
Information & Broadcasting. The committee wiil discuss
with the members from
Broadcasting organizations & Broadcasters to examine
and articurate the stand
being taken by India on the protection of Broadcasting organization
at world
Intellectual Property Organization (WlpO).
2
In this regard, the first meeting of Expert committee is schedured
to be
S.lt"rO"r.
in
the
Conference
Hail, Mtnistry oi
l:ld
tl"
l&B, 6'n Floor, shastri Bhawan, New Derhi under the chairmanship
of s".i"i"rv
(l&B)' A copy of the Agenda of meeting and Background
Note L encrosed ai
Annexure I and ll respectively.
:l
3.
zorc.
You are requested to kindly make it convenient to attend
the meeting.
(Neeti Sarkar)
Director (BC)
Tel: 23386536
To:-
(As per list enclosed)
\
List of the members of Expert Committee on WlpO.
1.
Ms. Veena lsh,
Joint Secretary
Department of Higher Education,
M/o- HRD, Shastri Bhawan,
New Delhi.
2-
Ms. Geeta Kathpalia,
Scientist 'G' & Hod,
lnnovation & IPR Division (R&D in lT Group)
Department of Electronic & Information Technology (Deity)
Room Nol. 2007, Electronic Niketan,
6 CGO Complex, Lodhi Road
New Delhi-110003.
Phone: 24363128
e-mail lD: [email protected]. in
3.
Shri Jawahar Sircar,
CEO, Prasar Bharati
PTI Building,
Sansad Marg, New Delhi.
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4.
Shri Amit Shukla,
Director (Copyright)
Registrar of Copyrights (Copyright Division)
Department of Higher Education
4th Floor, Jeevan Deep Building
Parliament Street, New Delhi : 110001
Email Address: copyright@nrc. In
Telephone No. : (Office)g1 -1 1 -23362436
5.
Shri George Kuruvilla,
Director (O&M),
Broadcast Engineering Consultants India Limited (BECIL)
14-B, Ring Road, lndraprastha Estate, New Delhi-1jOOO2
Tel: 2337 8823-25, Fax: 01 1 -23379885
Shri Ajay Mankotia
President- Corporate Planning & Operations
NewDelhi Television Ltd.
Archna Complex, TGreater Kailash-l
NewDelhi 110048
Tel: 011-26446666, Fax No: 011-41037119
Email: [email protected]
S_ecretary Mob: 981 1 22447 1, email: asharda@ndtv. com
(Representative from News Broadcasters Association, Ngnt
3to'\4i'
Shri Avnindra Mohan,
President (Legal & Regulatory), Zee Nelwork
Zee Entertainment Enterprises Ltd.
B-10, Essel House Industrial Area,
Lawrence Road, New Delhi, 'l10035
(Rspresentative from The Indian Bro.adcasting Foundation)
a
Ms. Shweta Purandare
Secretary General,
The Advertising Standards Council of India (ASCI)
219, Bombay Market, 78 Tardeo Road
Mumbai - 400034.
Email: [email protected]
Tel:022-23512371
o
Director,
Centre for Media Studies (CMS)
Research House,
Saket Community Centre,
New Delhi -11O 017 .
Email: [email protected]
10. Community Radio Forum
Ms Rajika Mittra
Special Projects Director
30 Villa Greens
Gandipet
Hyderabad 500075.
11..
Mr. Uday Chawla,
Secretary General
12. The President,
Community Radio Association
145, Gautam Nagar, l st Floor, New Delhi-1 1 0049
Phone: 26514575, 41642241
Mobile: 07838940568
Email; [email protected]
13. Shri Rajiv Mishra,
(CEO, Lok Sabha TV)
(President) Association of Regional Television Broadcasters of India,
23. Mahadev Road.
New Delhi-110001
T el: O 1 1 -237 39593, 237 37 1 42
1.
Prof. N.S.Gopalakrishnan,
Director,
School of Legal Studies Building,
Cochin University of Science and Technology,
Cochin University P.O.
Cochin - 682022,
Kerala, India
15. General Secretary,
Cine & TV Artistes Association
221, Katlik Complex, 2nd Floor, Opp. Laxmi Industrial Estate,
New Link Road, Andheri (W), Mumbai-400053.
Tel:91 22 267305111'13
Telefax : 91 22 26730510
Email lD : [email protected]
16. Shri Supran Sen
Secretdry Gbneral
Film Federation of lndia
B-3, Everest Building
TardgqliIum!9i 400 034
Teli 022 ?3q15531
Fax: O2223522062
E-Mail : [email protected]
[email protected]
17. General Secretary
Indian Music Industry,
Crescent Towers, 7th Floor,
8-68, Veera Estate, Off New Link Road,
Andheri West
Mumbai, Maharashtra,
India
PIN : 400053
18. Shri Kulmeet Makkar,
Chief Executive Officer
The Film & TV producers Guild of India
G-1,Morya House,
Veera Industrial Estate,
Off Oshiwara Link Road, Andheri (W)
Mumbai 400 053
Tel:91-22 66910662
F ax: 91 -22 669 1 066 1
Email: [email protected]
19. Shri Sanjay Tandon
Chief. Executive Officer,
Singe{s Association of lrdia (SAt)
413, 4n Floor, Samarth Vaibhav,
New Link Road, Lokhandwata,
Andheri (W), Mumbai-400053
Annexure
1
AGENDA
of
Expert
.Meetinq .
Orqanization (WIPO)
Erst
l.
il.
il.
tv.
Committee
on World Intellectual propertv
Discussion on the text of .,the Broadcasting heaty and proposals
submitted by India during 26tn SCCR.
Discussion on the informal proposal submitted by Japan.
Discussion on the proposal submitted by EU.
Discussion on the Formats circulated by WlpO Secretariat for
Informal Discussion Paper during 28th SCCR.
Discussion on the Delimitations matrix circulated by WlpO Secretariat
for definitions of various technical issues of Broadcasting Treaty to be
discussed in the next SCCR.
htn*+.rr;*
-[
BACKGROUND NOTES ON WIPO
1.
The World lntellectual property Organization (WlpO) is
a
specialized agency of the United Nations. lt 6 dedicated io developing
a balanced and accessible international intellectual property '(lpj
system, which rewards creativity, stimulates innovation ano contributei
to economic development while safeguarding the public interest.
2.
WIPO Copyright Treaty (WCT) and WlpO performances and
Phonograms Treaty (WPPT) adopted in 1996 represented a major step
forward in the updating of international copyrighi and related rights taw
to the realities of the information society. However, these two lreaties
(concluded in 1996) did not address the issues concerning the
protection of broadcastin g organizations.
3.
,Standing committee on Copyright and related Rights(SCCR) was
established at wlPo in 1997 to discuss related rightJof broadcasting
organizations in view of emerging new technologies, digitalization ol
Broadcasting sector and growing use of the Internet.
4. An International Treaty for the protection of broadcasting
organisations is under negotiation at
wlpo for the past several yearsi
The main objective of the Treaty is to provide protection tb the
Broadcasting organisations. Ministry of Information and Broadcasting
has been actively participating in wlpo conferences to negotiate and
conclude a Broadcasting Treaty on the protection of broaddasting and
cable casting organizations in the interest of the broadcasters 6f the
country. Serious concerns have been expressed by India on the
inclusion of protection for the internet based transmissions in the
Treaty.
5.
Over the years, lndia has been playing
a pivotal role in the
negotiations for the finalization of the Treaty. India has also maintained
a consistent approach in sccR meetings and Assemblies of Member
States of WIPO on the issues relating to broadcasting as shown
under:-
i) Scope of the proposed WlpO Treaty should be confined
to broadcasting and cable casting.
ii) Web casting should not Oe part of the proposed treaty
and is to be negotiated separately.
iii) To follow a ,,SQnal 'based approach ,,confining
"Broadcasting in the traditional sense".
iv) Protection of the Content Creator even though the
v)
broadcasting reproduciion rights are enjoyed 6y the
broadcasting organ izations.
Protection of Broadcasters from misuse, including signal
piracy.
6.
The issue whether the scope of the proposed treaty on the
protection of broadcasting organizations shourd incrude',*"b""iting;
(transmission over the web) his dominated much of the
discussion io
far in all earlier sessions of sccR. Deveroping countries are mainry
.
wo.rried that the imprications of granting extensivi rights to
webcasters
will hinder access to knowredge and iiformation an! widen tne oigital
divide.between developed and developing counties. India has
b-een
opposing inclusion of Internet in the scope of the treaty from the
very
beginning. lt has been stated that creaiing new copyright like righis,
including control over Internet retransmlsion of -broadcasts -and
cablecasts is.not onry unnecessary but wiil arso inhibit the growth
oi
these new citizen-generated media. Any further layer of coplyright
o;
internet would deprive the public from access to information *6i"r,
i"
freely available in public domain.
7.
Due to India's strong intervention to contain the scope of treaty
on signal protection, the-pro_posed treaty made some progress.
During
the General Assembry of wrpo in 2006, India's stand was upherd
ani
the scope of treaty was agreed to be limited to signal protection
oi
broadcasting organizations. The deveroped nations 'wanted
the
conclusion on the proposed draft broadcasiing treaty; however,
owing
!o strong position taken by India, the proposeJdraft treaty couro not bE
finalized. The Treaty is now pending for further negotiations.
8.
In the 18'n session of Standing Committee on Copyrights and
Related Rights (SCCR) from 25-29th May, 2009 at Geneva, th'e Indian
delegation had made suggestions that the wlpo secretariat should
conduct studies on the objectives, specific scope and object of signal
protection, organize regional seminars upon the request of Meriber
states, hold informar consurtations and finarize the draft text on signai
protection of a possible wlpo rreaty for protection of rightsof
Broadcasting organizations. This suggesiion was accepted and
was conducted by WIPO.
I study
9.
The studies cleady indicate that the major problem in developing
and least developed countries is, unauthorized use of broadcas-t
signals using anarogue networks particurarly cabre networks and not
unauthorized retransmission though compuier networks. one of the
reasons for this is identified by the study thus: "cost of access to
broadcast services remains one of the most cited reasons for
unauthorized access
to
broadcast signal/content piracy
individual level in almost all markets surveyed for this report',.-
on
an
10.
The 20'n Session.o{Wleolg Standing Committee of Copyright
and_Related Rights was held at wlpo, Geneva from 21st to z+fij iuie,
2010. special secretary, r&B red the Indian deregation rn tne meeiint.
lssues, relating to protection of broadcasting organizations an-d
protection of audio visual performances were oisculseo during
the
meeting. Further the study conducted by wlpo on the "socioecoriomic
dimension of the unauthorized use of signals: unauthorized access to
broadcast content - cause and effects: A grobar overview:" was arso
discussed in the meeting.
11.
of Standing Committee on Copyright and Related
Rights (SCCR) was held lrom 11-24th June, 2011 in'G6neva Snri na;iv
Takru, Additional secretary, Mro | & red the deregation. rt has been
highlighted by AS that regarding protection
Broadcasting
22no Session
organizations,
the
developed countries were
of
very keen
tha-t
Broadcasting and cabre casting shourd be interpreted in the broadest
sense to include internet etc. This was however strongly opposed by
the developing countries headed by India. Since no agreement could
be reached the issue would continue to Oe discussed.
12. The WIPO General assembly was held at Geneva which was
attended by the Additional Secretary Shri Rajiv Takru on 29th and 30th
September 2011. Following three Agenda items were discussed.
1.
The proposed WIPO treaty on protection of
broadcasting
organizations.
2. Consideration on the protection of Audio Visual Performances
and of the consensus document on the limitations and exceptions
for visually impaired and other print disabled individuals;
3. Consideration of the Development Agenda
It has been pointed out in the Tour Report that even in the General
Assembly India had opposed the inclusion of "Retransmission over
Computer Network" or "Retransmission over any other platform',,
because these activities are not broadcasting in the traditional sense.
13.
The 23'd SCCR Session was held on 26-27 November 2011. This
Session, however, could not be attended by anyone from the Ministry
of l&B due to certain administrative reasons. The stand taken by India
remained the same which was conveyed.
14.
The 24th Session on SCCR was organized in Geneva from July
16-25, 2012. During 24In Session of SCCR held in July, 2012, the
lndian delegation lead by Secretary, Ministry of l&B proposed the
alternative views on the Documents for treaty on the protection of
broadcasting organizations. These alternative views of lndia were
included in the working documents by the WlpO Secretariat for
discussion in the 25th Session of SCCR.
15,. The representative from Ministry of l&B did not participate in the
25'n Session of SCCR held from 19th November to 23'd ilovember,
2012. However, comments of this Ministry were sent to Ministry of HRD
so that the alternative views of Indian stand may be included in the part
of the original treaty.
16.
Inter-Sessional Meeting on Protection of Broadcasting held in
Gereva during 1Otn to 12th April, 2013 which was attended by Director
(BC). The discussions meandered around public communication,
simultaneous vs. near-simurtaneous transmission right holders
etc.
Indian delegations made a presentation on the arternative views.
The
proposar of India has been circulated by wlpo for
obtaining views oy
all member states.
17.
The 26th Session of SCCR held in Geneva during December 16_
20, 2013 was attended by Ms. Neeti Sarkar, Dir6ctor (BC). O;
recommendation of Directo(BC) in her report, an Expert cbmmittee
consisting of various stakehorders, experts on regar maiters particuraity
in the broadcast sector, experts in the academia working on'copyrignts
and accessibirity issues etc., has been constituteo by irris uini'st{i to
examine and articurate the stand being taken/to be tlken by Indii
at
WIPO. However, the Committee has not been meet yet.
18r.
The2Tth session of
wrpo's sccRs herd recenfly in Geneva from
to 2nd May, 2014. No representative from this Ministry could
participate in this session. Therefore, our earrier stand had
been
28th April
conveyed to M/o HRD & Dlpp.
19.
The 28'n Session of WlpO Standing committee on Copyright and
l:FJ"l Rights (SCCR) was hetd in Geneva from June Sd ioiuty +,
2014'.The Indian deregation comprised of Sh. K. s. Rejimon
loiieltoi
BP&L), M/o Information_& Broadcasting, Smt. Alpana OuOiy,
fiist
S.ecretary- (Economic), pMl, Geneva anO Or. V. C. Vivekan"nO"n,
Ministry of HRD rP chair professor and participated in the session. The
meeting ended without any conclusions and without any proposal for
General Assembry, 2014.The wrpo secretariat has circurited formats
relating to definitions of various technical issues of eroaocasting ire;iy
to be discussed in the next SCCR.
20.
The 29'n session of SCCR is scheduled to be held from
December,2014.
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