E sccr/34/7 prov. Original: english date: august 4, 2017 Standing Committee on Copyright and Related Rights Thirty-Fourth Session Geneva, May to 5, 2017

		E
sccr/34/7 pROV.
ORIGINAL: ENGLISH
DATE: AUGUST 24, 2017

Standing Committee on Copyright and Related Rights

Thirty-Fourth Session

Geneva, May 1 to 5, 2017

DRAFT REPORT

prepared by the Secretariat

1. 
   The Standing Committee on Copyright and Related Rights (hereinafter referred to as the “Committee”, or the “SCCR”) held its Thirty-Fourth Session in Geneva, from
   

May 1 to 5, 2017.

2. 
   (The following Member States of the World Intellectual Property Organization (WIPO) and/or members of the Bern Union for the Protection of Literary and Artistic Works were represented in the meeting: Algeria, Argentina, Armenia, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Benin, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cameroon, Canada, Chad, Chile, China, Colombia, Costa Rica, Côte D'ivoire, Cuba, Cyprus, Czech Republic, Democratic People's Republic of Korea, Democratic Republic of the Congo, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Guatemala, Holy See, Hungary, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Italy, Japan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Latvia, Lithuania, Malawi, Malaysia, Mali, Malta, Mauritania, Mexico, Morocco, Netherlands, Nicaragua, Nigeria, Oman, Pakistan, Panama, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Republic of Moldova,
   

Romania, Russian Federation, Saudi Arabia, Senegal, Serbia, Singapore, Slovakia, Somalia,

South Africa, Spain, Switzerland, Thailand, Togo, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, United States of America, Uruguay, Uzbekistan,

Venezuela (Bolivarian Republic of) and Viet Nam (102).

3. 
   The European Union (EU) participated in the meeting in a member capacity.
   

4. 
   The following Intergovernmental Organizations (IGOs) took part in the meeting in an observer capacity: African Regional Intellectual Property Organization (ARIPO), African Union (AU), League of Arab States (LAS), Organisation Internationale de la Francophonie (OIF), Organization of Islamic Cooperation (OIC), South Centre (SC) and World Trade
   

Organization (WTO) (7).

5. 
   The following non-governmental organizations (NGOs) took part in the meeting in an observer capacity: African Library and Information Associations and Institutions (AfLIA), Agence pour la protection des programmes (APP), Alianza de Radiodifusores Iberoamericanos para la Propiedad Intelectual (ARIPI), American Bar Association (ABA), Archives and Records Association (ARA), Associación Argentina de Intérpretes (AADI), Association for the International Collective Management of Audiovisual, Works (AGICOA), Association of European Perfomers' Organizations (AEPO-ARTIS), Association of Commercial Television in Europe (ACT), European Law Students' Association (ELSA), International, International Association of Broadcasting (IAB), International Association of Scientific Technical and Medical Publishers (STM), International Association for the Protection of Intellectual Property (AIPPI), International Society for the Development of Intellectual Property (ADALPI), International Literary and Artistic Association (ALAI), World Association of Newspapers (WAN), Canadian Copyright Institute (CCI), Central and Eastern European Copyright Alliance (CEECA), Copyright Research and Information Center (CRIC), Centre for International Intellectual Property Studies (CEIPI),Centre for Internet and Society (CIS), International Center for Trade and Sustainable Development (ICTSD), Chamber of Commerce and Industry of the Russian Federation (CCIRF), Civil Society Coalition (CSC), Actors, Interpreting Artists Committee (CSAI), Communia, International Confederation of Music Publishers (ICMP), International Confederation of Societies of Authors and Composers (CISAC), British Copyright Council (BCC), European Publishers Council (EPC), International Council on Archives (ICA), Corporación Latinoamericana de Investigación de la Propiedad Intelectual para el Desarrollo (Corporación Innovarte), Creative Commons Corporation, Daisy Consortium (DAISY), Digital Video Broadcasting (DVB), Electronic Frontier Foundation (EFF), Electronic Information for Libraries (eIFL.net), European Bureau of Library, Information and Documentation Associations (EBLIDA), European Visual Artists (EVA), Fédération européenne des sociétés de gestion collective de producteurs pour la copie privée audiovisuelle (EUROCOPYA), Ibero-Latin-American Federation of Performers (FILAIE), International Video Federation (IVF), International Federation of the Phonographic Industry (IFPI), International Federation of Actors (FIA), International Federation of Library Associations and Institutions (IFLA), International Federation of Film Producers Associations (FIAPF), International Federation of Journalists (IFJ), International Federation of Musicians (FIM),International Federation of Reproduction Rights Organizations (IFRRO), German Library Association, Independent Film and Television Alliance (I.F.T.A), International Authors Forum (IAF), International Council of Museums (ICOM), Karisma Foundation, Knowledge Ecology International, Inc. (KEI), Latín Artis, Library Copyright Alliance (LCA), Max-Planck Institute for Intellectual Property and Competition Law (MPI), Motion Picture Association (MPA), Canadian Museum of History (CMH), Program on Information Justice and Intellectual Property (PIJIP), North American Broadcasters Association (NABA), Scottish Council on Archives (SCA), Society of American Archivists (SAA), The Japan Commercial Broadcasters Association (JBA), Third World Network (TWN), European Broadcasting Union (EBU), International Publishers Association (IPA), Asia-Pacific Broadcasting Union (ABU), World Blind Union (WBU), Union Network International - Media and Entertainment (UNI-MEI), (72).
   

AGENDA ITEM 1: OPENING OF THE SESSION

6. 
   The Director General welcomed the delegates to the Thirty-Fourth Session of the SCCR. The Director General stated that that was a particularly important meeting, as it was the last meeting of the Standing Committee before the WIPO General Assembly in October of that year. That was the last opportunity for the Committee to prepare any items that it would wish to see go for a decision at the assemblies. The Director General stated that the previous Committee meeting had led to significant progress in finding common ground in addressing the challenges that lay before the Committee. He indicated that the Committee had an extremely busy agenda that week, with a significant number of items under consideration. The issue of broadcasting, which had been in discussion for over 20 years, had a revised consolidated text that was prepared by the former Chair of the Committee. The objective of that session was to discuss that text and the elements around it, as well as to fine tune the proposal and build a solid basis for a common understanding on the issues that the Committee confronted. The Director General stated that the issue of exceptions and limitations was another long standing item on the agenda, which included different elements: libraries and archives, educational and research institutions and persons with other disabilities. The Committee had an enormous amount of information, which came as a consequence of the significant number of studies and surveys that had been requested in previous sessions. The Director General stated that it was now a matter of collecting the material available, analyzing it, synthesizing it and seeing what the Committee wished to do so as to find solutions to the issues that it considered required addressing. The Director General stated that there were two newer items on the agenda. One of those, the proposal put forward by GRULAC, was to look at the state of play with respect to copyright and the digital environment. That was an extremely important area of exploration that WIPO had been active in for a significant period of time, going back to the 1996 treaties and to the Beijing Treaty. With reference to the conference that was held in the previous year, WIPO was actively involved in promoting discussions on the global digital market. The Director General stated that on the agenda was also an item born from an initiative from the Delegations of the Republic of Congo and Senegal. The work on that item had started the previous Friday, through the very thought provoking and successful international conference on the artist resale right. Before the Committee was a big agenda, and though that was not an easy environment to make progress in any field, whatever it may be, the Director General hoped that the Committee would engage in multilateral discussions on those extremely important areas and would look for results where that was possible to achieve. The Director General expressed his deep gratitude and appreciation to the outgoing Chair of the Committee, Mr. Martin Moscoso of Peru. Mr. Moscoso had served as Chair for two terms, serving with great dedication, commitment and enthusiasm, and had been responsible for leading the advancement of the work throughout the period of his mandate. The Director General also thanked the outgoing Vice-Chair, Mr. Santiago Cevallos, for his excellent support. The Director General stated that as the first item on the agenda, following the opening of the Standing Committee, it was time to elect the Chair and the two Vice-Chairs. There were informal discussions that had taken place amongst the various regional groups and in those informal discussions, a consensus had been reached with respect to the officers that the delegates wished to see lead the work of the Committee over the next term. The Director General opened the floor for proposals with respect to those offices.
   

AGENDA ITEM 2: ELECTION OF THE CHAIR AND THE TWO VICE-CHAIRS

6. 
   The Delegation of Indonesia, speaking on behalf of the Asia and Pacific Group, nominated Mr. Daren Tang of the Intellectual Property Office of Singapore for the position of the Chair of the SCCR. The Delegation strongly believed that with Mr. Tang’s vast experience and ability to forge consensus, he would make a valuable contribution in advancing the important work facing that Committee. The Delegation looked for support for that nomination.
   

6. 
   The Delegation of Senegal, speaking on behalf of the African Group, stated that it wished to submit the name Mr. Abdul Aziz Dieng for the post of Vice-Chair.
   

6. 
   The Delegation of Georgia, speaking on behalf of the Group of Central European and Baltic States (CEBS), nominated Mr. Karol Koscinsky as the Vice-Hair.
   

6. 
   The Delegation of China stated that it agreed with nominations of Chair and Vice-Chairs as proposed by the Asia and Pacific Group.
   

6. 
   The Delegation of Turkey, speaking on behalf of Group B, informally expressed its support for the candidates.
   

6. 
   The Delegation of Colombia, speaking on behalf of Group of Latin American and Caribbean Countries (GRULAC) supported the nominations for Chair and Vice-Chairs of the Committee.
   

6. 
   The Director General expressed that on the nominations, there was complete unanimity, which he stated was a very good start for the Committee. The Director General declared elected Mr. Daren Tang, the Chief Executive Officer of the Intellectual Property Office of Singapore, as the Chair of the Standing Committee, and Mr. Abdul Aziz Dieng and Mr. Karol Koscinsky as the Vice-Chairs. He invited the newly elected officers preside over the meeting.
   

6. 
   The Chair stated that he was privileged that the Committee had trusted him and the two Vice-Chairs to lead the work of the SCCR, and that they fully intended to live up to that trust and that responsibility. The three of them came from different backgrounds and countries and though they brought to the table different perspectives and skill sets, what they shared in common was the belief that the work of the SCCR was extremely important. The importance of that work was because of copyright. The Chair said that the work of copyright was unique as it was something that had an impact on the lives of everyone across different sectors. Whenever a video was opened or launched on YouTube, or whenever music was accessed or whenever individuals consumed or created content, copyright was there, and as such its impact on the world was crucial. The work on that Committee, which affected the lives of everyone, was of extreme importance. The SCCR had been in existence since 1998 and was quickly coming up on its twentieth anniversary in just a few years’ time. The work had been challenging as some of the items on the agenda had been around for a long time. The Chair stated that those challenges remained considerable, but that him and the Vice-Chairs, together with the Secretariat, and together with the Committee’s support, cooperation and in the spirit of openness, transparency, fairness, would be able to give that meeting and all of its’ different agenda items, the best possible push. The Chair expressed that as someone coming from Singapore, which stood as a bridge between East and West, North and South, developed and developing, he had the perspectives and the experiences to help move forward the work of that Committee. Having started out his life as a jazz musician before coming to the decision that that didn't pay the bills enough, and then going to law school, the Chair expressed that he would like to think of the work of that Committee a bit like a jazz band. The members of the Committee all had different times when they would do their little thing, their own little improvisation, which he stated, like jazz, made it even more beautiful, energetic and dynamic. The Chair expressed that Mr. Abdul Aziz Dieng, was too a musician, and that Mr. Mr. Karol Koscinsky though not a musician had a wife who was an artist, and as such, all three shared some common connection. The Chair hoped the officers would bring all of that in a beautiful and meaningful tapestry that would take the work of the Committee forward in the years to come. The Chair looked forward to working with everyone in that room and with stakeholders. Even though the discussions were already very complex, the officers would ensure that the work of the Committee moved forward. The Chair acknowledged Mr. Martin Moscoso who was his friend and who the Chair stated, together with his team, did an amazing job. The Committee applauded Mr. Martin Moscoso. The Chair opened the floor to the two Vice-Chairs.
   

6. 
   The Vice-Chair, Mr. Karol Koscinsky thanked the delegations for their trust and support, and especially thanked his original group, CEBS. The Vice-Chair stated that the officers were ready to facilitate and be of help to the Committee. He expressed that he came from a country that was both a member of the European Union but was too a country in transition. His country had a different experience, had different needs and understood that copyright could be perceived from different perspectives and that it needed balance. The Vice-Chair expressed his thanks to the Committee for the opportunity to work in such an international environment, which although filled with different opinions, its members were part of the tribe called human beings.
   

6. 
   The Vice-Chair Mr. Abdul Aziz Dieng thanked all Member States for their confidence and particularly thanked the African Group, who put his candidacy forward. The Vice-Chair assured the Committee that he was involved in legislative issues around the resale right and was also involved at a sub-regional level on those issues and others. That was an important topic because information society, creativity and knowledge, were strategic materials that could only be protected through intellectual property means. The Committee was working on some of the most important issues in the world today, and he was very optimistic. The Vice-Chair expressed that he was optimistic because he saw the expertise of the Secretariat. The Vice-Chair stated that as he was a musician and the Chair was a musician, and since everybody loved music, and swing, he hoped that that meeting would be swinging.
   

AGENDA ITEM 3: ADOPTION OF THE AGENDA OF THE THIRTY-THIRD SESSION

6. 
   The Chair opened Agenda Item 3, adoption of the Agenda of the Thirty-Third Session of the SCCR as included in document SCCR/34/1 Prov. The Chair opened the floor for comments.
   

6. 
   The Delegation of Colombia, speaking on behalf of GRULAC, stated that under other matters, GRULAC felt it would be important to a briefing or an update from the Secretariat on the implementation of the Marrakesh Treaty. The Delegation did not want to add a point to the agenda item but wanted to see the issue dealt with under other matters.
   

6. 
   The Delegation of Turkey thanked GRULAC for its proposal and requested more information regarding what structure and in what framework it would like to have on that update.
   

6. 
   The Delegation of Colombia, speaking on behalf of GRULAC, stated that it would simply like to receive on the following Friday, a brief presentation from the Secretariat on the process of implementation of the Marrakesh Treaty.
   

6. 
   The Delegation of Senegal thanked the Delegation of Colombia, speaking on behalf of GRULAC, for putting forward that proposal. The Delegation requested that the Secretariat clarify the framework for discussion around that.
   

6. 
   Upon consultation with the Secretariat, the Chair stated that the brief overview would be about 15 to 20 minutes long. With no objections or more comments, the Committee adopted the agenda.
   

AGENDA ITEM 4: ACCREDITATION OF NEW NON-GOVERNMENTAL ORGANIZATIONS

6. 
   The Chair opened Agenda Item 4, accreditation of new nongovernmental organizations (NGOs). The SCCR had received new requests for accreditation, which were contained in document SCCR/34/2, and were requests made by the Canadian Artists’ Representation, and the Federazione Unitaria Italiana Scrittori (FUIS). With no objections or comments from the floor, the Committee approved the accreditations of the new NGOs.
   

AGENDA ITEM 5: ADOPTION OF THE REPORT OF THE THIRTY-THIRD SESSION OF THE SCCR

6. 
   The Chair moved to Agenda Item 5, the adoption of the report of the Thirty-Third Session of the SCCR. As there were no comments, the Chair invited the delegations to send written comments or corrections to the Secretariat, and invited the Committee to adopt document SCCR/33/7 Prov. The Committee adopted the document.
   

OPENING STATEMENTS

6. 
   The Chair invited Regional Coordinators to deliver their opening statements.
   

6. 
   The Delegation of Colombia, speaking on behalf of GRULAC, congratulated the new Chair and Vice-Chairs and thanked the Secretariat for the preparation and organization of that session. The Delegation recognized that the agenda required the Committee to work together so as to present, at the end of that week, recommendations to the next General Assembly. The Delegation expressed its gratitude to the Secretariat for its preparations that enabled the conference on resale rights. Recognizing the diversity of interests and priorities, GRULAC wished to a balanced agenda and discussions on the protection of broadcasting organizations, limitations and exceptions for libraries and archives and limitations and exceptions for persons with other disabilities. The Delegation expressed that it had been a promoter of proposals on the topic of exceptions and limitations, and a historic achievement of that Committee was embedded in the adoption of Marrakesh Treaty, which had also entered into force internationally, and which GRULAC attentively followed its implementation work. GRULAC recognized the challenges and problems that affected libraries and archives and recognized the need for an open discussion on limitations and exceptions for libraries and archives that would enable the formulation of possible solutions. GRULAC continued to be very interested in the proposal put forward by Uruguay, document SCCR/29/4, and also in document SCCR/33/4 by Argentina. With regard to the topic of limitations and exceptions for educational and research institutions and for persons with other disabilities, GRULAC reiterated its recognition of the work and the progress made by Professor Daniel Seng and looked forward to hearing an update on that and to information contained in document SCCR/33/6. The Delegation wished to hear about the progress on the recommendation made by GRULAC on having a study to analyze the effects of limitations and exceptions already established, for the cross border use of works and reproductions within the framework of the needs related to education and research. The Delegation had great expectations with regard to the presentation of the study on limitations and exceptions for persons with disabilities other than the disability that impedes access to text whose preliminary study was presented in the previous session. GRULAC reiterated its signalbased approach position on the broadcasting organization discussion. It hoped to continue discussions on the basis of document SCCR/34/3. The Committee needed to take into account the other documents related to that agenda item, including the debate and examination of the proposal put forward at the previous session by the Delegations of Argentina, Colombia and Mexico contained in SCCR/33/5. The Delegation expressed its desire to continue discussions on the GRULAC proposal analysis of copyright in the digital environment with the cross cutting importance of that being recognized by Member States. The Delegation stated that it was undoubtable that there were challenges of user protected works and the digital environment and reiterated the importance of having a study on the progress made on that, in national copyright legislation in the previous few years. The Delegation hoped to hear the outcome of that in November of that year. The Delegation reiterated its willingness to work in a constructive way on all the topics of meeting.
   

6. 
   The Delegation of Indonesia, speaking on behalf of the Asia and Pacific Group, congratulated the Chair and the Vice-Chairs and thanked the Secretariat for the organization of that meeting. The Delegation stated that the SCCR was an important Committee of WIPO dealing with issues of critical importance to Member States, namely broadcasting organizations, limitations and exceptions for libraries and archives and limitations and exceptions for research institutions and persons with disabilities, which were all issues that were of great importance to the Group. Looking back to discussions since the issues since the twenty-seventh session of the SCCR, it would not be wrong to say that the SCCR was facing difficulties, in as far as coming to an agreement, on how to proceed with some of those agenda items. The Delegation believed that in order to further the Committee’s work, it had to refer to the work plan on those three issues, as discussed in the 2012 General Assembly guidance to the SCCR. The Delegation was aware of the emerging issues, namely the subject of artist resale rights and copyright in the digital environment, which it believed were of equal importance within that Committee. The Delegation congratulated the Secretariat for the successful convening of the international conference on artist resale rights. It provided a very useful platform to inform Member States on the importance of implementing resale rights for artists. The Delegation supported the agenda and program plan for that session of the SCCR and believed that the program of work reflected a better balance in the discussion for all outstanding issues that should receive equal level of commitment by the Committee. In the spirit of multilateralism, the Asia and Pacific Group reaffirmed its commitment to constructively negotiating a mutually acceptable outcome on all outstanding issues. The Delegation stated that how intellectual property worked, with respect to broadcasting, was an issue that required careful balancing. Members of the Group wanted to see the finalization of a balanced treaty on the protection of broadcasting organizations based on the mandate of the 2007 General Assembly, to provide protection on the signalbased approach for cablecasting and broadcasting organizations in the traditional sense. Limitations and exceptions were of critical importance to the Group, as the copyright system should be balanced, and should take into account commercial interests in copyrights and right holders, and should too take into account other competing interests in copyright, including the public interest in scientific cultural, social progress and promoting competition. As copyright dealt with aspects that affected the lives of everyone, exceptions and limitations had an important role to play in the attainment of the right to education and access to knowledge. The acquisition of that right was, in many developing countries, hampered due to the lack of access of educational and research material. The Delegation took note of all 11 subjects encompassing exceptions and limitations for libraries and archives. Most Member States of the Asia and Pacific Group believed it was time for the Committee to start discussing, without prejudging, the outcome of future work program on setting a normative agenda for exceptions and limitations for library and archives. The Delegation hoped that all Member States would engage constructively in the session, on the issues of exceptions and limitations based on previous discussions and new inputs, so that the Committee would continue to make progress on those issues. The Asia and the Pacific Group took note of the proposal submitted by GRULAC to discuss the current digital environment and copyright interface. The Delegation looked forward to learning more on the scoping study on the digital development on the national legal framework in the last ten years. Members of my Group will make interventions in their individual capacities. Mr. Chair, this is the same committee which has given us Beijing and Marrakesh Treaty. I'm optimistic that with the spirit of constructivism and progress, we can pave the path towards meaningful outcomes in all important issues facing this committee. We look in order to productive results and tangible progress in this session. I thank you once again, Mr. Chair.
   

6. 
   The Delegation of Senegal, speaking on behalf of the African Group, congratulated the Chair and the Vice-Chairs for their election, and offered its support and collaboration. The Delegation rendered homage to the outgoing Chair and Vice-Chair and expressed its gratitude to the Secretariat in the organization of the sessions. The Delegation welcomed the international conference on the resale right which it stated enabled the Committee to deal with issues such as the management of resale right, the art market and the importance of the implementation of that right. The Delegation hoped that the discussions that week would lead to strong outcomes. With regard to the broadcasting organization draft treaty against piracy, the Group expressed its gratitude for the Chair’s document SCCR/34/3. Recalling the General Assembly mandate, the Delegation felt it necessary to work in conformity with that mandate] and felt it appropriate to call for a diplomatic conference in 2018. The Committee needed to focus on essential issues, including the proposal note contained in document SCCR/33/5 presented by the Delegations of Argentina, Colombia and Mexico. The Delegation believed that the work on exceptions and limitations for libraries and archives, education and research, and other disabilities needed to be accelerated. The exceptions regime contributed effectively to a balance between private rights and the general interest, promoting access to a larger knowhow. The Delegation continued to consider new subjects under Agenda Item 9, other matters related to the proposal presented by the Delegations of Senegal and the Republic of Congo on the resale right and GRULAC on copyright and traditional knowledge. The Delegation felt that opened work for the SCCR in the future.
   

6. 
   The Delegation of Turkey, speaking on behalf of Group B, congratulated the Chair and Vice-Chairs and thanked the Secretariat for the preparation of that session. The Delegation made note of the resale rights conference and stated that it looked forward to the discussions on both the conference and on the issue of resale rights more generally. The Delegation stated that it continued to attach great importance to the negotiation of a treaty for the protection of broadcasting organizations. The Committee had the responsibility to take into account the voices of the real world and to respond to the technological developments developing in the various fields. The value of broadcasting and the appropriate implementation of such value was an important consideration for WIPO. In that regard, Member States had to work towards a solution that would fit in the current environment without letting solutions become outdated before they had an effect. The Delegation stressed the importance of remaining faithful to the 2007 WIPO General Assembly Mandate, which conditioned the convening of a diplomatic conference on the SCCR reaching agreement on the specific scope and objective protection of the treaty. The Delegation stated that it was only Member States that could ultimately agree upon practical and meaningful solutions and that could maintain the relevancy of that Committee and WIPO. The Delegation noted, with appreciation, the efforts of the former Chair who had introduced document SCCR/34/3, Revised Consolidated Text on Definitions, Object of Protection, Rights to be Granted, and Other Issues. That version was a good basis for further discussion on core issues such as definitions, objective protection, rights as well as other new issues. The Delegation believed that in all areas there was more work to be done and further technical clarifications required in order to maximize the chances that that treaty would find success. The Delegation stated that it would towards fulfilling the mandate. On the issue of limitations and exceptions, the Delegation expected that the Committee could find the consensual basis for its work, moving forward. The Delegation appreciated that the aim of the Committee’s was to reach a better understanding of the topics with regard to the working methods. The Delegation stated that it was ready to continue discussions from the previous meetings, to explore common grounds upon which the Committee could stand. The Delegation underlined that the Committee should give serious consideration to the objectives and the principles as proposed in documents SCCR/26/8, and SCCR/27/8. These documents promoted common ground where there existed no consensus on the normative work.
   

6. 
   The Delegation of Georgia, speaking on behalf of the Group of Central European and Baltic States Group (CEBS) congratulated the Chair on his election. The Delegation expressed its thanks to Group B and GRULAC for supporting the CEBS Group candidate, Mr. Karol Koschinski. The Delegation thanked the Secretariat for the organization of the meeting and remarked on the excellent and timely organization of the international conference on artist resale rights. The Delegation thanked all the presenters for their invaluable input and for sharing their unique experiences, which it stated would be an important ground to work for the proposal coming from the Delegations of Senegal and the Republic of Congo. The CEBS Group thanked the Chair for preparing the document SCCR/34/3, Revised Consolidated Text on Definitions, Object of Protection, Rights to be Granted and Other Issues and stressed that it was committed to working towards the convening of a diplomatic conference. The Delegation wished to work on a treaty that would take into account the different types of broadcasting made possible by the rapidly evolving technologies, which had to integrate necessary elements in order to assure effective protection of broadcasting organizations. The Delegation looked forward to the progress of developing a legal instrument and stated that it favored the approach which equally protected any transmissions of broadcasting organizations over any other medium. The Group recognized the importance of the limitations and exceptions for libraries and archives, as well as for educational and research institutions, and persons with other disabilities and looked forward to sharing practices of different national approaches. The Delegation stated that wit was ready to engage in discussions on the proposal put forward by the Delegations of Senegal and the Republic of Congo on the resale right.
   

6. 
   The Delegation of China congratulated the Chair and Vice-Chairs on their election and expressed its heartfelt thanks to the Secretariat for the large amount of constructive and effective work and effort. The Delegation stated that it agreed with the agenda item of the session and stated that it would maintain a positive and flexible attitude towards any constructive proposals. The Delegation expressed that it had already provided its preliminary views and proposals on some technical issues, during previous meetings. The Delegation noted the successful international meeting on resale rights and too noted that the Marrakesh Treaty that had entered into force would also be an agenda item of the SCCR. The Delegation stated that over recent years, China had carried out many cooperation projects with WIPO so that it would push forward the entering into force of the Beijing Treaty. The Delegation noted that some Member States of WIPO had made positive progress in that regard. The Delegation expressed its trust that one of the important outcomes of the SCCR, the Beijing Treaty, would enter into force at the earliest stage so as to protect relevant performance.
   

6. 
   The Delegation of Tajikistan, speaking behalf of the Central Group, congratulated and wished its best to the Chair. The Delegation thanked the Secretariat for its tireless work in the preparation of the meeting. The Delegation stated that the SCCR, being one of the important WIPO Committees, had proven itself as a significant negotiating platform in the field of copyright, and had produced treaties which went to serve and benefit all countries. However, although there was that progress made, there were also some outstanding issues which had been under discussion for quite some time. The Delegation addressed the importance of the agenda item on the protection of broadcasting organizations, limitations and exceptions for libraries and archives, limitations and exceptions for educational and research institutions, and for persons with other disabilities. The Delegation was of the view that time had arrived to bring those issues to a new phase and accelerate the negotiations. With regard to broadcasting, the Delegation took into account the technological advancements, challenges in the changing environment and as such noted that there was an urgent need to conclude a global treaty aimed at protecting broadcasting organizations from privacy. The Delegation looked forward to fruitful discussions on that matter, the result of which could lead the Committee to a diplomatic conference. On limitations and exceptions, the Delegation acknowledged the important effects of knowledge and information for the benefit of all stakeholders, private and public. The Delegation hoped that that Committee would come up with innovative solutions, which highlighted the principle of inclusiveness and pragmatism for a better IP system, taking into being the needs and the priorities of both. The Delegation stated that it was ready to take the necessary measures to address all areas of negotiation in the remaining unresolved issues. The Delegation stated that members of its group would make interventions in their national capacities.
   

6. 
   The Delegation of the European Union and its Member States thanked the Secretariat for the active role it had taken in the organization of the thirty-fourth session of the SCCR and congratulated the Chair and Vice-Chairs. The Delegation thanked the outgoing Chair, Mr. Moscoso, for his important contribution to the work of the Committee. The Delegation stated that it had been actively involved in the discussions on the protection of broadcasting organizations and that it was ready to continue to work constructively to advance that complex and technical matter. The Delegation stated that the treaty the Committee was working on should respond to both the current and future needs and interests of broadcasting organizations, as well as reflect the technological realities and developments of the twenty-first century. In that context, the Delegation welcomed document SCCR/34/3, the Revised Consolidated Text on Definitions, Object of Protection, Rights to be Granted and Other Issues and looked forward to indepth discussions on that text. What was needed was a broad consensus as to the extent of the protection to be granted so that the treaty could provide broadcasting organizations with adequate and effective protection both in the current and the future technological environments. Considerable efforts had been made in order to build consensus on the main elements of the treaty, and that consensus should allow the Committee to agree on a meaningful text that reflected the technological developments that had occurred in the twenty-first century. Taking that into account, the Delegation reiterated its commitment to progressing towards the conclusion of a meaningful treaty and to that effect, worked towards convening a diplomatic conference in line with the 2007 General Assembly Mandate. The European Union and its Member States stated that it would continue to contribute constructively on the exceptions and limitations. It was its view that those discussions would be most useful if they were aimed at a more thorough understanding of the issues at stake, while also looking at possible solutions and flexibilities under the existing framework of the international treaties. The Delegation believed that the existing copyright framework allowed WIPO Member States to introduce, maintain and update the exceptions and limitations in the national legislation and meaningfully respond to the local needs and traditions, ensuring that copyright was an incentive and a reward to creativity. In that regard, the Delegation believed that useful work could be done in that Committee to provide guidance regarding the manner in which the international treaties were implemented in national laws. The Delegation did not see the need for any new and additional legally binding instruments in that area. The Delegation hoped that the Committee could come to a shared understanding on what would constitute a concrete outcome on those agenda items that could be supported by all delegations. The Delegation believed that the exchange of best practices in an inclusive way, for the benefit of all WIPO Member States, could serve as a useful tool in that respect. On the agenda item, other matters, the Delegation thanked the Delegations of Senegal and the Republic of Congo for including the resale right, droit de suite, in the agenda and for their initiative to hold a conference on the topic prior to that session. The Delegation gave its support for discussions on that topic at the international level. The Delegation stated that it was in favor of the inclusion of a new item on the permanent agenda of the SCCR, namely on the resale right, droit de suite.
   

6. 
   The Chair thanked the Delegation of the European Union and its Member States and thanked all the group coordinators who gave their opening statements and their expressions of support.