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Centre publishes new analysis on broadcast, limitations and exceptions

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This week our research team published a series of new reports. These relate to the work streams in the upcoming Standing Committee on Copyright and Related Rights (SCCR) at the World Intellectual Property Organization (WIPO). Analysis of Agenda Items for WIPO SCCR 47by Sean Flynn This note, which will be presented at the November 25, CKG Workshop on SCCR 47, provides background information, links to recently published research and analysis, and descriptions of the issues that may be addressed in the 47th meeting of the World Intellectual Property Organization’s Standing Committee on Copyright and Related Rights, December 1-5, 2025. It is published as part of the mission of the Centre on Knowledge Governance to produce information and analysis to promote the public interest in multilateral knowledge governance negotiations. The analysis is presented in the order that the items occur on the SCCR 47 Agenda.  Tracing a Century of Broadcasting Rights Debates: 1928–2025Luca Schirru and Sean Flynn This report provides a detailed view of developments concerning broadcasting rights within international copyright law, beginning with the 1928 Rome Revision of the Berne Convention and continuing through the latest SCCR discussions. These SCCR sessions illustrate the ongoing effort to create a new international treaty to update protection for traditional broadcasting and cablecasting against signal piracy, while grappling with complex issues like protection over computer networks and the definition of object and scope. Copyright Limitations and Exceptions in the SCCR: A TimelineLuca Schirru, Ben Cashdan and Sean Flynn The timeline details the progression of discussions within the WIPO SCCR regarding Limitations and Exceptions (L&Es) to copyright. This detailed chronology, spanning from 1996 to 2025, highlights the main proposals, studies, and key milestones concerning L&Es for various sectors, including visually impaired persons, libraries, archives, and educational institutions. It documents the formal inclusion of L&Es on the SCCR agenda, the development of numerous draft treaties and working documents, and the ongoing efforts to reach consensus and implement work programs. Comparison of Proposed Texts on Limitations and Exceptions in SCCR 47Jonathan Band Two new documents have been introduced for the Limitations and Exceptions agenda item: the African Group’s “Proposal on Limitations and Exceptions” (SCCR/47/5) and the Chair’s “Text Proposed” (SCCR/47/8), alongside the earlier U.S. proposal “Limitations for Libraries and Archives” (SCCR/44/5). The tables identify common elements among the three documents and additional areas shared by the Chair and African Group texts, suggesting significant areas of commonality and that further text-based work towards an international legal instrument can start with these documents. Justifications for an Instrument on Copyright Limitations and ExceptionsAditya Gupta and Sean Flynn The authors summarise justifications for an international instrument on limitations and exceptions (L&Es) to copyright, and for expanded limitations and exceptions more generally. The justifications are taken from a review of academic literature. Researchers have posited that such an instrument is necessary to counteract the existing “minimum protection approach” of international treaties, which often prioritizes copyright holders over the public interest, access to knowledge, and competition and development concerns. Is the draft Broadcast Treaty consistent with the General Assembly mandate?Sean Flynn WIPO published a new draft of the proposed Broadcasting Organizations Treaty as SCCR/47/3, which does not differ in its main provisions from previous drafts and raises questions about whether it fulfils the mandate of earlier WIPO General Assemblies. The analysis focuses on substantive changes and controversial provisions, addressing whether there is sufficient “agreement on objectives, specific scope and object of protection”. Four new proposals for SCCR 47Ben Cashdan WIPO has published four new proposals on ways forward for key work streams in the SCCR, scheduled for 1–5 December 2025. The proposals concern exclusive rights for broadcasting organisations, disparities in the remuneration of performers, limitations and exceptions to promote education, research and access to knowledge, and ensuring fair copyright royalties for creators in the digital environment.

Blog, Broadcast Treaty, WIPO GA, WIPO-SCCR

Tracing a Century of Broadcasting Rights Debates: 1928–2025

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This timeline provides a detailed view of the developments concerning broadcasting rights within international copyright law. It begins with the 1928 Rome Revision of the Berne Convention, which initially introduced these rights, and tracks major milestones such as the 1961 Rome Convention and the rise of satellite broadcasting in the mid-1960s. The majority of the timeline focuses on the intensive, multi-year negotiations held under the WIPO Standing Committee on Copyright and Related Rights (SCCR), which formally began addressing the protection of broadcasting organisations in 1998. These SCCR sessions illustrate the ongoing effort to create a new international treaty to update protection for traditional broadcasting and cablecasting against signal piracy, while grappling with complex issues like protection over computer networks and the definition of object and scope. The information concerning the pre-SCCR period (1928–1998) was extracted from Vyas, Lokesh; Schirru, Luca; and Flynn, Sean, The (Long) Road to the Broadcast Treaty: A Brief History (Infojustice, 2025). The remaining sections were prepared based on the documents available on WIPO’s SCCR Meetings webpage (e.g. “Report”, “Conclusions” and “Summary by Chair”) and on Schirru, Luca; Vyas, Lokesh; Jawara, Haddija; Ruthes Gonçalves, Lukas; McGee, Katie; Misto, Yara; and Flynn, Sean Michael Fiil, Documentary History of the Broadcast Treaty in the SCCR (Global Version) (2025), Joint PIJIP/TLS Research Paper Series, 145. See PDF version below. Date Main Developments Short Description 1928 Rome Revision of the Berne Convention Article 11bis introduced broadcasting rights into international copyright law, marking the entry of broadcasting into the global copyright framework. 1948 Brussels Revision of the Berne Convention Added changes and clarifications to Article 11bis. 1961 Rome Convention Adoption of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome, 1961). The Convention covered only “wireless” transmissions, whether the treaty applied to broadcasts transmitted via satellites 1965 Rise of Satellite Broadcasting With the emergence of orbiting and geostationary satellites, broadcasting organizations began demanding protection against signal piracy (noted by Delia Lipszyc). 1967 Stockholm Revision of the Berne Convention. Introduced further modifications to broadcasting rights but limited protection to live wireless broadcasts. 1968–1969 Intercontinental satellite television broadcasts Global discussions began on the legal challenges of intercontinental satellite television broadcasts. 1971–1974 UNESCO and BIRPI Expert Committees Committee of Governmental Experts (UNESCO & BIRPI) met in: Lausanne (1971); Paris (1972);Nairobi (1973). These meetings laid the foundation for the 1974 Brussels Diplomatic Conference. 1973–1974 Parallel Negotiations Alongside the Brussels Convention, an Intergovernmental Committee under Article 32 of the Rome Convention developed a model law on the protection of performers, producers of phonograms, and broadcasting organizations. 1996 WIPO Internet Treaties During negotiations of the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT), there was renewed momentum for a separate treaty on broadcasting, leading to the establishment of the Standing Committee on Copyright and Related Rights (SCCR). 1998 SCCR Agenda The protection of broadcasting organizations was formally added to the agenda of the SCCR, created by the 32nd WIPO Assemblies (March 25–27, 1998). SCCR/1: 1998 Existing legislation on broadcast  Memorandum about the “Existing International, Regional and National Legislation Concerning the Protection of the Rights of Broadcasting Organizations” (SCCR/1/3). SCCR/2: 1999 Multiple submissions on the topic of the rights of broadcasting organizations  Documents on the “Protection of the Rights of Broadcasting Organizations Submissions Received from Member States of WIPO and the European Community” (SCCR/2/5) and “from Non-Governmental Organizations” (SCCR/2/6; SCCR/2/6/REV) and “Addendum Concerning the Submission by the National Association of Commercial Broadcasters in Japan (NAB-Japan)” (SCCR/2/6 ADD.). Submissions by Mexico (SCCR/2/7) and by the United Nations Educational, Scientific and Cultural Organization (UNESCO) (SCCR/2/8) on the “Protection of the Rights of Broadcasting Organizations”. “Report on the Regional Roundtable for Central European and Baltic States on the Protection of the Rights of Broadcasting Organizations and on the Protection of Databases, Held in Vilnius, from April 20 to 22, 1999”,  submitted on behalf of Bosnia and Herzegovina, Bulgaria, Croatia, the Czech Republic,  Hungary, Lithuania, Romania and the Slovak Republic (SCCR/2/10 REV.); “Submission by Cameroon” (SCCR/2/12, presenting the “state of Cameroonian legislation on the protection of broadcasting organizations” and “proposals for the strengthening of the international protection of broadcasting organizations”, pp.2-3).  SCCR/3: 1999 Multiple submissions on the topic of the rights of broadcasting organizations  “Report of the Regional Roundtable for African Countries on the Protection of Databases and on the Protection of the Rights of Broadcasting Organizations, Held in Cotonou, from June 22 to 24, 1999”, submitted on behalf of Benin, Burkina Faso, Cameroon, Ghana, Guinea, Kenya, Malawi,  Mali, Mauritius, Niger, Nigeria, South Africa, Togo and United Republic of Tanzania (SCCR/3/2); Proposal on the “Protection of the Rights of Broadcasting Organization” submitted by Argentina (SCCR/3/4); Proposal on the “Protection of Audiovisual Performances; Protection of the Rights of Broadcasting Organizations”, submitted by  United Republic of Tanzania (SCCR/3/5); “Statement Adopted at the Regional Roundtable for Countries of Asia and the Pacific on the Protection of Databases and on the Protection of the Rights of Broadcasting Organizations, Held in Manila, from June 29 to July 1, 1999”, submitted by Bangladesh, China, Fiji, India, Indonesia, Mongolia, Pakistan, Philippines, Singapore, Sri Lanka, Thailand and Viet Nam (SCCR/3/6). SCCR/4: 2000 Invitation to submit proposals “59. The Standing Committee decided to invite governments to submit […] proposals in treaty language […].” (SCCR/4/6 Report, p.12) SCCR/5: 2001 Different proposals and a comparative table Proposals on the “Protection of Broadcasting Organizations” submitted by Kyrgyzstan (SCCR/5/2), Sudan (SCCR/5/3), and Japan (SCCR/5/4). “Protection of the Rights of Broadcasting Organizations: Comparative Table of Proposals Received by April 30, 2001”, prepared by the Secretariat (SCCR/5/5). “The Standing Committee made the following decision: […]  B. Rights of Broadcasters: (i) the issue would be the main point on the Agenda of the next meeting of the Standing Committee; (ii) the Secretariat would invite the Governments and the European Community to submit additional proposals on this issue, preferably in treaty language[…]” (SCCR/5/6).  SCCR/6: 2001 Multiple submissions on the topic of the rights of broadcasting organizations Proposals on the “Protection of the Rights of Broadcasting Organizations”, submitted by the European Community and its Member States (SCCR/6/2)

Blog, Education, Libraries, WIPO GA, WIPO-SCCR

Copyright Limitations and Exceptions in the SCCR: A Timeline

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The timeline presented below details the progression of discussions within the WIPO Standing Committee on Copyright and Related Rights (SCCR) regarding Limitations and Exceptions (L&Es) to copyright. This detailed chronology, spanning from 1996 to 2025, highlights the main proposals, studies, and key milestones concerning L&Es for various sectors, including visually impaired persons, libraries, archives, and educational institutions. It documents the formal inclusion of L&Es on the SCCR agenda, the development of numerous draft treaties and working documents, and the ongoing efforts to reach consensus and implement work programs. This document was prepared based on the documents available on WIPO’s SCCR Meetings webpage as compiled in Schirru, Luca; Vyas, Lokesh; Jawara, Haddija; Ruthes Gonçalves, Lukas; and Flynn, Sean, “Documentary History of the Limitations and Exceptions in the SCCR” (2025). Joint PIJIP/TLS Research Paper Series. 148. See PDF version below. Date Main Developments Short Description 1996 WIPO Internet Treaties Agreed Statement to Article 10 of the WCT affirmed that Contracting Parties may “carry forward and appropriately extend into the digital environment limitations and exceptions” and “devise new exceptions and limitations that are appropriate in the digital network environment.” SCCR/1: 1998 Establishment of the SCCR by the General Assembly (GA) decision.  GA decision creating SCCR included a decision that the committee consider, amongst others, the topics of “Copyright, Related Rights, and Digital Technology” “to consider in particular the impact of digital technology and global information networks on copyright and related rights…”, the protection of audiovisual performances, the protection of databases and the protection of broadcasting organizations (SCCR 1/2). SCCR/8: 2002 L&Es as a matter for future review by the SCCR  The item “implementation of the WCT and WPPT, particularly regarding provisions on technological measures of protection and limitations and exceptions” in the document “Short description of possible subjects for future review by the Standing Committee”, provides that “Concerns have been expressed about the possibility that an uncontrolled use of technological measures together with anti-circumvention legislation and contractual practices will allow rights owners to extend their rights far beyond the bounds of the copyright regime, to the detriment of public interest. At the same time, concern has also been expressed that a narrow definition of exceptions and limitations to the protection of technological measures will unduly restrict reasonable access to and use of protected works” (SCCR/8/2, p.6). SCCR/9: 2003 First SCCR study on limitations and exceptions  First SCCR study of the topic of L&Es in the WIPO treaties: “WIPO Study on Limitations and Exceptions of Copyright and Related Rights in the Digital Environment”, prepared by Mr. Sam Ricketson (SCCR/9/7). L&Es are also addressed in the “survey on implementation provisions of the WCT and WPPT”, prepared by the Secretariat (SCCR/9/6, “The following is a brief summary of the legislative provisions contained in the survey. The summary covers the following issues: […] exceptions and limitations”, p.2) SCCR/12: 2004 Proposal to include L&Es and part of the SCCR agenda Chile’s proposal (SCCR 12/3) to “the inclusion for the Twelfth Session of the Standing Committee on Copyright and Related Rights of the subject of exceptions and limitations to copyright and related rights for the purposes of education, libraries and disabled persons, in the current agenda item referring to “other issues for review”, which would become agenda item 4”. SCCR/13: 2005 Proposal on the Analysis of L&Es “Proposal by Chile on the Analysis of L&Es”, suggesting “three areas of work to be undertaken […] 1. Identification […] of national models and practices concerning exceptions and limitations. 2. Analysis of the exceptions and limitations needed to promote creation and innovation and the dissemination of developments stemming therefrom. 3. Establishment of agreement on exceptions and limitations for purposes of public interest that must be envisaged as a minimum in all national legislations for the benefit of the community;  especially to give access to the most vulnerable or socially prioritized sectors” (SCCR/13/5, p.1).  SCCR/14: 2006 Study on Automated Rights Management Systems and L&Es  A study by Mr. Nic Garnett on “Automated Rights Management Systems and Copyright Limitations and Exceptions” (SCCR/14/5).  2007 WIPO Development Agenda Recommendations WIPO Development Agenda Recommendations, which included recommendations 14 and 17 on IP flexibilities;  Rec. 19 access to knowledge and technology to foster creativity and innovation; Rec. 22 L&Es in norm-setting. SCCR/15 SSCR/S2: 2007 Study on L&Es. Proposal by Mexico on L&Es for Broadcasting A study prepared by Judith Sullivan: “Study on Copyright Limitations and Exceptions for the Visually Impaired” (SCCR/15/7). “Proposal by Mexico relating to article 10 ‘Limitations and Exceptions’”, prepared by the Secretariat (adding a paragraph (3) to article 10 on L&ES, SCCR/S2/4) SCCR/16: 2008 L&Es are formally included on the SCCR’s agenda  Proposal by Brazil, Chile, Nicaragua, and Uruguay (SCCR 16/2, p.2) proposing that “that the Committee implement a plan taking into consideration those three levels of activities outlined in Chile’s 2005 submission, with the objective of achieving a consensus on minimum mandatory exceptions and limitations particularly with regard to educational activities, people with disabilities, libraries and archives, as well as exceptions that foster technological innovation.”  SCCR/18: 2009 Presentation of proposal concerning a Treaty Proposed by WBU “Supplementary information on the WIPO studies on Limitations and Exceptions”, prepared by the Secretariat (SCCR/18/2, at SCCR/17, “it was agreed that ‘in order to update and complement the studies, governments are invited to submit to the Secretariat any supplementary information regarding their national law before February 1, 2009’”, p.1). “Draft questionnaire on Limitations and Exceptions” (SCCR/18/3, “the WIPO Secretariat was requested to prepare a draft questionnaire regarding exceptions and limitations, with particular emphasis on the issues regarding education, libraries and disabled persons”, p.2). “Stakeholders’ Platform: Interim Report, prepared by the Secretariat” (SCCR/18/4, “WIPO Secretariat invited various major stakeholders representing copyright rightholders and VIP interests to take part in two meetings with the aim of exploring their concrete needs, concerns, and suggested approaches in order to achieve the goal of facilitating access to works in alternative formats for people with disabilities”, p.2). “Proposal by Brazil, Ecuador and Paraguay, relating to Limitations and Exceptions: Treaty proposed by the World Blind Union (WBU)”, prepared by the Secretariat (SCCR/18/5, presented “as

Blog, WIPO GA, WIPO-SCCR

Comparison of Proposed Texts on Limitations and Exceptions in SCCR 47 

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Two documents have been introduced in connection to the Limitations and Exceptions agenda item for SCCR 47 Previously we already had a third document Below are two tables. The first identifies common elements among the African Group Proposal, the Chair’s Text, and the US proposal. The second table identifies common elements addressed by the African Group Proposal and the Chair’s text, but not included in the U.S. document. (It should be noted that the African Group’s Proposal also includes provisions not in the U.S. document or the Chair’s text.) As the attached tables demonstrate, there are significant areas of commonality among all three documents; and even more between the Chair’s text and the African Group Proposal. This suggests that further text-based work in the Committee towards an international legal instrument or instruments concerning exceptions and limitations can start with these documents.  PDF version below Table 1: Common Elements in United States Objectives and Principles for Exceptions and Limitations for Libraries and Archives, African Group Proposal, and Chair’s Proposed Text U.S. Objectives and Principles African Group Proposal Chair’s Text National Exceptions Encourage Member States to adopt well-focused exceptions and limitations in their national laws that are consistent with their international obligations, including the three-step test, and facilitate the public service role of libraries and archives, and maintain the balance between the rights of authors, artists and publishers, and the public interest, particularly in research, education, preservation, and access to information. (p. 2) Encourage Member States, when adopting or revising exceptions and limitations for libraries and archives, to consider adding museums and other non-profit institutions that function as a library, archives, or museum as eligible entities. (p. 2) Contracting Parties shall take all appropriate measures to respect, protect and fulfill the right to receive education and conduct research through appropriate exceptions and limitations in their national laws, consistent with their international obligations, maintaining the balance between the rights of authors and the larger public interest. (p. 15) Member States shall provide an appropriate balance in their copyright and related rights system through limitations and exceptions for the public interest, including for education; research; freedom of expression uses such as for quotation, comment, criticism, review, caricature, parody and pastiche; access to information and news reporting; preservation of cultural heritage; and to facilitate access for persons with disabilities. (p. 15) Contracting Parties shall update, carry forward and appropriately extend into the digital environment limitations and exceptions in their national laws which have been considered acceptable under the Berne Convention, especially under article 10(1) and 10(2), and devise new exceptions and limitations that are appropriate in the digital environment to protect educational and research activities. (p. 15) Limitations and exceptions are an integral part of a balanced copyright system and should contribute to quality preservation, access, education and research, as well as to expand opportunities for all persons with disabilities to fully participate in the cultural life of the community, to enjoy the arts, and to benefit from scientific progress. (p. 6) Promote cooperation among institutions at national, regional and international levels. (p. 6) Research and Education Encourage Member States to enable libraries and archives to carry out their public service role of advancing research and knowledge by adopting exceptions and limitations for purposes of research and scholarship, and to consider adding museums and other non-profit institutions that function as a library, archives, or museum as eligible entities. (p. 3) It shall be permissible to use a work or other subject matter for educational or research purposes to the extent justified by the purpose and provided such utilization is compatible with fair practice. (p. 19) Facilitate access to works for cultural, educational and research purposes, including through digital and online tools, and across borders. (p. 5) Enable cultural heritage institutions as well as educational and research institutions to provide copies and enable access to works to researchers, teachers, students and the public, under appropriate conditions. (p. 5) Preservation Encourage Member States to enable libraries and archives to carry out their public service role of preserving works by adopting exceptions and limitations for their preservation activities, and to consider adding museums and other non-profit institutions that function as a library, archives, or museum as eligible entities. (p. 3) Exceptions and limitations can and should enable libraries, archives, and museums to carry out their public service role of preserving works that comprise the cumulative knowledge, heritage, and culture of the world’s nations and peoples. (p. 3)[E]xceptions and limitations can and should enable libraries, archives, and museums to make copies of published and unpublished works, including highly ephemeral materials, for purposes of preservation and replacement, under certain appropriate circumstances. Those circumstances may include preservation and replacement in both analog and digital formats, or migration of content from obsolete storage formats to more stable formats on an ongoing basis, as reasonably necessary and as incidental to technology for a specific, limited preservation purpose. (p. 3) Contracting Parties shall provide for a limitation or exception to the right ofreproduction in order to allow cultural heritage institutions to make copies of any works or other subject matter that are permanently in their collections, in any format or medium, for the purposes of preservation of such works or other subject matter and to the extent necessary for such preservation. (p. 29) For purposes of this Instrument, “cultural heritage institution” means a publicly accessible library or museum, an archive, or a film or audio heritage institution. (p. 31) Support the preservation of cultural heritage by libraries, archives and museums and other not-for-profit entities performing equivalent functions. (p. 4) Enable cultural heritage institutions to make copies of works, whether published or unpublished, for the purposes of preservation or replacement, including highly ephemeral materials. Such copies may be made in analog or digital formats, and during technological migration, provided they are necessary and incidental to a specific preservation purpose. (p. 4) Enable the preservation of and remote digital access to works, including cross-border, under secure conditions and promote the respect of adequate and effective

Blog, WIPO GA, WIPO-SCCR

WIPO General Assembly Meeting on SCCR Expresses Consensus for Progress on Broadcast and L&E Instruments

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Sean Flynn, Luca Schirru, Talia Deady The World Intellectual Property Organization (WIPO) held its General Assembly (GA) this week, including a review of the progress and recommendations of the Standing Committee on Copyright and Related Rights (SCCR). The GA affirmed its mandates to the Committee to continue working on instruments on the protection of broadcasting organizations and limitations and exceptions (L&Es) for libraries, archives, museums, education and research institutions, and for people with disabilities other than visual impairments. Analysis of the statements of regional groups and delegations shows that there is a growing consensus for conclusion of the Broadcasting Treaty under a narrowed form and for pairing it with progress toward at least an instrument on L&Es. This article summarises and analyses the statements of delegations on the SCCR’s work. A companion article provides fuller excerpts of the statements quoted here.  Context   The GA is the apex decision-making body of WIPO. Among other work, at each meeting, the Assembly reviews and affirms or alters its mandates to Standing Committees on the ongoing work. The SCCR is operating under two sets of mandates from the General Assembly.  Decisions from 2006 and 2007 instruct the Committee to seek “agreement on objectives, specific scope and object of protection” on a basic text of a treaty for the protection of broadcast organizations (WO/GA/34/16, 2007) “confined to the protection of broadcasting and cablecasting organizations in the traditional sense” and “based on a signal-based approach” (WO/GA/33/10, 2006).  A decision from 2012 instructs the Committee to work toward an “appropriate international legal instrument or instruments (whether model law, joint recommendation, treaty and/or other forms)” on uses by libraries, archives, museums, educational and research institutions, and persons with other disabilities (WO/GA/41/14). In SCCR 43, the Committee adopted a Work Program on Limitations and Exceptions (SCCR/43/8), including a process to draft “objectives, principles, and options” for instruments. SCCR agendas regularly include work on a number of other agenda items, most of which have been approved in some form by GAs for SCCR discussions, but only Broadcasting and L&Es are subject to GA mandates for the drafting of international instruments.  Broadcasting Organizations Consensus for Concluding a Treaty There continues to be a consensus within the SCCR in favor of concluding the Broadcast Treaty, with many calling for more speed in reaching a conclusion. The groups and countries that spoke in favor of concluding a Broadcasting Treaty included the Asia Pacific Group (APG), Group B, Central European and Baltic States (CEBS), Group of Latin American and Caribbean Countries (GRULAC), African Group (AG), China, European Union (EU), Colombia, Iran, Russian Federation, Mexico, United States, Japan, India, Malawi, Kenya, Saudi Arabia, Algeria, Cameroon, Botswana, France, Kazakhstan, South Africa, Algeria, and Samoa.  Several statements called for speeding progress toward the Treaty’s conclusion. France called for “the Committee to speed up in a constructive manner the work on the draft Treaty.” The Russian Federation called for the Committee “to step up work on the draft WIPO Treaty.” The African Group, Cameroon, Botswana, Kenya, and South Africa expressed concern on the slow progress of work of the SCCR on both broadcasting and L&Es.  Several speakers explicitly endorsed a Diplomatic Conference in the near term. These included both CEBS and the EU, which each mentioned their long-term support for convening of a Diplomatic Conference. China expressed a desire to reach “an agreement on substantive issues … to lay a foundation for the convening of a Diplomatic Conference.” Saudi Arabia specifically supported “holding two sessions in 2025 regarding protecting broadcasting organizations because this will bridge gaps among Member States and will pave the way in order to hold a Diplomatic Conference on this matter.” The Asia Pacific Group, however, urged “continued constructive engagement … without prejudging whether the Committee is in a position to recommend the convening of a Diplomatic Conference.”  Debate Over the Internet Provisions  The main sticking point on the Treaty has long involved the provisions that extend to Internet streaming.  The countries of the EU and CEBS, which support the Internet provisions, have supported convening a diplomatic conference on the current draft text. The EU expressed its support for a “worthwhile” Treaty “which responds to the technological realities of the 21st century.” Similarly, the CEBS group expressed support for a Treaty that “reflects the technological realities of the 21st century,” is “future-oriented,” “accommodates the challenges posed by the digital environment,” and “provides equal protection for transmissions over computer networks.” Many of the groups and countries signaled their opposition to the Internet provisions by calling for closer adherence to the 2006 and 2007 GA decisions.  The US was most explicit in its objections. It stated that the current draft text “exceeds the General Assembly mandate with its inclusion of articles that provide a new right of fixation and that protect signals used in making available to the public stored programs.” It called instead for the Treaty to be “limited to providing traditional broadcasting organizations with a single exclusive right to authorize simultaneous retransmissions to the public of their linear broadcast signals.” Referring to the terms of the 2007 GA’s prerequisites for the recommendation of a diplomatic conference, the US argued that there continue to be “significant questions and concerns … regarding the proposed instrument’s objectives, rights to be granted, and scope of protection.” Accordingly, it called for “much more work” on “these fundamental issues” to make the draft text “acceptable to all Member States.” Japan echoed the statement of the US in observing “different views among Member States on the fundamental issues” and opined that “a flexible approach is needed allowing each Member State to join the treaty while taking into account international and regional circumstances.”  The Asia Pacific Group, represented by Pakistan, recognized “the need to narrow gaps and build consensus in line with the mandate of the Committee.” Iran called for “moving the Committee closer to fulfilling the 2007 General Assembly mandate … limited to the traditional broadcasting organizations and based on a signal-based approach.” Mexico similarly called for an approach “focusing on

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WIPO DDG Expresses “Frustration” and “Bitterness” and Calls for Risk Taking for Progress

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The World Intellectual Property Organization General Assembly’s consideration of the work of the Standing Committee on Copyright and Related Rights (SCCR) began with a report by Ms. Sylvie Forbin, Deputy Director General for the Copyright and Creative Industry Sector, expressing “frustration” and “bitterness” about the Committee’s slow pace of work, and ended with a call for risk taking.  Ms. Forbin’s opening statement focused on the Committee’s inability to reach conclusions on two long-standing agenda items — protection of broadcast organizations and promotion of limitations and exceptions — that have been on its agenda since the Committee’s formation in 1998. Her comments opened by describing “a strange paradox” between the significant and growing participation of member states and observers in the Committee’s meetings, which are indeed among the most attended WIPO meetings each year, and “that it is more difficult than it was in the past to take decisions that will help us to achieve progress in our work.”  Her comments focused first on the long-stalled treaty on the protection of broadcasting organizations. The issue of protecting broadcasting organizations was removed from the 1996 Diplomatic Conference and moved to the SCCR’s agenda when that committee was created by the GA in 1998. A draft Treaty was approved for a Diplomatic Conference by the GA in 2006, but the SCCR failed to approve a draft text “confined to the protection of broadcasting and cablecasting organizations in the traditional sense” and “based on a signal-based approach” (WO/GA/33/10, para 107, 2006). The SCCR now operates under the GA’s 2007 decision to call a diplomatic conference only after there is sufficient “agreement on objectives, specific scope and object of protection” in a draft instrument (WO/GA/34/16). As reflected in the Chair’s Summary of the 45th meetings of the Committee, there continue to be significant differences between countries on the basic terms of the treaty. In particular, there is significant disagreement with the inclusion of articles creating fixation and post-fixation rights, including an exclusive right to make available stored programs on the Internet. It appears likely that a draft treaty would be approved for a diplomatic conference if these clauses were taken out. But the draft treaty produced by the Chair’s facilitators continues to be far broader than the consensus of the Committee will allow.  Ms. Forbin expressed “frustration” at this state of affairs:  I think that you will understand that we are experiencing a certain level of frustration given that there is no concrete result after intense discussions on the draft Treaty for the protection of broadcasting organizations which our Committee has been working on for more than a quarter of a century. A quarter of a century, I repeat. That is a very long period of time.  She rhetorically asked in her statement whether the lack of progress is due to flawed modalities — “to the fact that perhaps only one or two meetings a year is not really the ideal framework for negotiations that are as technical as they are” — or “”the very raison d’être of this Treaty?” She added: “Is there not a real risk that this treaty in its current configuration is leading us down a path that has no end?” She next turned to the issue of limitations and exceptions. This topic has also been on the agenda of the Committee since it was created in 1998, with the GA approving an agenda item on Copyright, Related Rights, and Digital Technology “from the viewpoint both of owners and managers of rights, and of users and the général public.” The agenda produced the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled in 2013. SInce 2012, it has been working under a GA mandate “to work towards an appropriate international legal instrument or instruments” on limitations and exceptions for libraries, archives, museums, education and research institutions and people with other disabilities (WO/GA/41/14). Work on the agenda has increased it pace in recent years, including through a Work Program adopted by the Committee to produce “objectives, principles and options” for an instrument on “priority” issues of preservation, digital exceptions, and people with disabilities.  Ms Forbin acknowledged the “fixed mandate as set out by the General Assembly in 2012,” although she did not identify its objective to produce binding or non-binding “international legal instrument(s).” She pointed to the Secretariat’s production of “thematic studies,” “typologies” and “regional meetings and an international conference” which “enabled us to hold a very rich exchange of views and to identify a roadmap for the future we are currently working on.” But she lamented that “for a number of sessions now that there is in fact a misunderstanding” over the goals of the agenda. She therefore appeared to call for a reevaluation of the purpose of the agenda item:   We need to clarify our expectations while taking into account, of course, that they are not necessarily the same for all members of our committee. Is it not a good idea to try and have a sensible understanding of what could be common ground for us?  After discussing the new calls for the Committee to address artificial intelligence and other digital copyright issues, Ms. Forbin returned to a darker tone, expressing “bitterness” at the lack of progress: Our analysis of the situation is that it’s proving to be difficult to gather all of the necessary dynamics to reach consensus. What we have seen in this Committee is that we are wasting our energy and resources to a certain degree. We are obliged to note with some bitterness that we are losing out on valuable opportunities despite the efforts of some of you to breathe new vitality and life into our work. Given the major issues that are being posed on the issue of copyright during this extremely rich and complex period which require cross -cutting analysis and feedback both from professionals as well as from institutional managers – is the SCCR still not a key forum for seeking solutions

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WIPO GA Opening Statements Signal Debates Ahead

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The World Intellectual Property Organization’s General Assembly finished the opening statements of Member States and is now moving toward its substantive work. This note includes quotes of some of the opening statements on key issues facing the General Assembly and in WIPO’s work head.  Support SCCR work on Broadcast and L&E Instruments With the conclusion of two treaties this year  – on disclosure of genetic resources in patents and, on design law – the focus on WIPO’s norm setting is shifting to the Standing Committee on Copyright and Related Rights (SCCR). A key issue in the past several General Assemblies has involved whether to recommend that the current draft treaty be the subject of a diplomatic conference, and if so, whether it will be linked with progress toward an instrument in the lng-stalled limitations and exceptions agenda. The work on Broadcasting is guided by decisions of the GA in 2006 and 2007, calling for “agreement on objectives, specific scope and object of protection” (WO/GA/34/16) on a draft text “confined to the protection of broadcasting and cablecasting organizations in the traditional sense” and “based on a signal-based approach” (WO/GA/33/10, para 107, 2006). The work on limitations and exceptions is guided by the 2012 decision of the GA to work toward an “appropriate international legal instrument or instruments (whether model law, joint recommendation, treaty and/or other forms)” on uses by libraries, archives, museums, educational and research institutions, and persons with other disabilities (WO/GA/41/14).    Broadcast Denmark, on behalf of the EU  “WIPO can count on the continued and active engagement of the EU and its Member States in strengthening the normative agenda of WIPO’s work. We are committed and support moving towards the prompt conclusion of a broadcasting organizations treaty.” Estonia, on behalf of CEBS “We would express our strong support for the timely conclusion of the broadcasting organizations treaty.” India “India remains hopeful for meaningful progress on all pending issues including finalization of a balance[d] Treaty on the protection of broadcasting organizations.” Trinidad and Tobago  “We remain committed to working as well towards a broadcasting treaty.” Hungary “We stand ready to support work towards the adoption of the broadcasting treaty.” Australia “Australia continues to support working towards the Treaty on the Protection of broadcasting organizations”  France “We are attached to the key role of the organization in supporting creative economies and the work of the Standing Committees, particularly when it comes to developing a broadcasting treaty.” Philippines “The Philippines encourages discussions on the proposed Treaty on the Protection of Broadcasting Organizations and strongly supports SCCRs in its endeavors. To recall, the preparatory process was initiated in 1997 in a symposium in Manila. Meanwhile, advances in technologies have generated more piracy, illegal signals and irresponsible use of artificial intelligence. IP protection needs to outpace these advances.” Italy  “The WIPO normative agenda includes the negotiation for a treaty dedicated to broadcasting organizations. Italy supports the adoption of an effective anti-piracy instrument aimed at enhancing the international protection of broadcasting organizations IP content, and thereby contributing to strengthening the principle of territorial exclusivity, which plays a crucial role in securing financing for IP content’s development and distribution.” Finland “In the SCCR Committee, we consider that all necessary preparatory work has been done to finalize a broadcasting treaty.” L&E African Group  The African Group supports advancing discussions on limitations & exceptions for libraries and archives and imitation & exceptions for educational and research institutions for persons with disabilities. Limitations and exceptions are of crucial importance to the African Group. And we acknowledge the support of education and research and for fostering innovation, competition, and economic development, while also supporting the achievement of the Sustainable Development Goals, including the SDG4 and SDG10.” Arab Group (represented by Algeria)  “We are very much interested in the conclusion of a legally binding text as regards exceptions and limitations so that we can maintain a balance between copyright and society in general.” Cameroon “We call for text-based negotiation for the adoption of an international instrument on limitation and exceptions in copyright regarding research, education, museum, archives and people with other disabilities. disabilities as mandated. Delivering on this long overdue subject should be our immediate priority so as to give room for commencement of in-depth discussion on other contemporary topics on IP.” Nigeria “Nigeria supports swift progress in SCCR on balance, limitation and exceptions for education and research.”  Algeria “We support having a balanced approach when it comes to copyrights with priorities to exceptions and limitations mentioned in a legally binding instrument.” Cote d’Ivoire  “My country highlights the importance of guaranteeing equitable access to knowledge and to technologies for developing countries and we encourage WIPO to promote inclusive mechanisms that enable broadened access to works protected by copyright and to essential technologies.” Debate shapes over SDGs and voting on the WIPO Budget In the last meeting of the Program and Budget Committee, the United States opposed references to the SDGs in the Budget, stating  “The United States does not support any proposal unrelated to WIPO’s mandate and intended to advance the implementation of the SDGs. The 2030 Agenda for Sustainable Development and the Sustainable Development Goals advanced a program of soft global governance that is inconsistent with U.S. sovereignty and adverse to the rights and interests of Americans.”  In what might be seen as an explicit rejection of the US position, a number of countries specifically embraced WIPO’s inclusion of the UN Sustainable Development Goals as guiding posts of its work. Support for SDGs Namibia (for African Group) “We acknowledge WIPO’s efforts toward achieving the Sustainable Development Goals and encourage the reflection of these efforts across all the activities of the organization, including the program and budget for 2026.” Pakistan “We commend WIPO’s sustained focus on the Development Agenda and its alignment with the 2030 Agenda. Project-based demand-driven support are practical tools for enhancing IP awareness and strengthening ecosystems that drive innovation and economic growth.”  Jamaica “Intellectual Property both generates and drives economic opportunities that are intrinsically linked to Jamaica’s national

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WIPO General Assembly 66th: Navigating a Comprehensive Agenda with Constructive Dialogue

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Despite the weight of a packed agenda and the significance of several recent treaty milestones, the Sixty-Sixth Series of Meetings of the WIPO General Assembly is expected to unfold key institutional decisions, including the initiation of the Director General appointment process, the adoption of procedural reforms under the Lisbon and Design systems, and the future and implementation of longstanding treaty negotiations.  Among the central governance items is the formal initiation of the process to nominate and appoint WIPO’s next Director General (A/66/4), whose term will begin in October 2026. The framework laid out in the document provides a clear timeline, beginning with a July 2025 call for nominations and concluding with an April 2026 decision. While the process is administrative at this stage, the importance of the role—and its potential to influence the agency’s direction—will shape the future of WIPO 2026-2032. In parallel, the Assembly will elect a new slate of Program and Budget Committee members for 2025–2027 (WO/GA/58/1) and appoint Chairs and Vice-Chairs for the various Assemblies and Unions (A/66/2 Prov.4). These steps ensure procedural stability, but also underscore broader Member State interest in the balance of representation across WIPO’s governance structures. One of the more consequential decisions awaiting the Assembly is whether to convene a Diplomatic Conference on the proposed Broadcasting Treaty (WO/GA/58/4). While the most recent SCCR session made strides in updating the draft text, Member States remain divided over key elements, including the scope of rights and the treatment of signal-based protections. A consensus on readiness has not yet emerged, and further consultations may be needed before formal negotiations can proceed. With regards the Work Plan on Exceptions and Limitations (SCCR/43/8 Rev.) the Chair Ms. Cohen is working to move forward the agenda by finding common grounds between the member states. The implementation of newly adopted treaties will also be on the Assembly’s radar. The WIPO Treaty on Genetic Resources and Traditional Knowledge (WO/GA/58/8), adopted in May 2024, and the Design Law Treaty (WO/GA/58/13), adopted in November 2024, both require follow-up in terms of ratification strategies, capacity-building support, and coordination among Member States. While their adoption was widely celebrated, the transition to effective implementation remains an important next step. Procedural and regulatory reforms under the Lisbon System will likewise be considered. Proposed amendments to the Common Regulations (LI/A/42/2) and the formalization of new Special Rules of Procedure for the Lisbon Working Group (LI/A/42/1) aim to streamline administration and ensure coherence with WIPO’s broader framework.  Standing committee discussions continue across multiple fronts. The Standing Committee on the Law of Patents (WO/GA/58/5) will report on ongoing work relating to patent exceptions, inventorship in research collaborations, and the broader implications of AI in innovation systems. The Standing Committee on the Law of Trademarks (WO/GA/58/6) will revisit longstanding debates over the protection of country names and geographic terms, though consensus remains elusive. In the technical sphere, the Committee on WIPO Standards (WO/GA/58/9) presents a set of new and revised standards for approval. Given the growing complexity and volume of its mandate, the committee also recommends prioritizing certain tasks and deferring others—a recognition that capacity, both technical and political, must be managed carefully. The Assembly will also review a number of oversight and budgetary matters carried forward from the 39th Program and Budget Committee. These include approval of recommendations from PBC Sessions 38 and 39 (A/66/7), review of oversight reports from WIPO’s Independent Advisory Oversight Committee and Internal Oversight Division (WO/GA/58/2, WO/GA/58/3), and follow-up on financial governance issues raised in the External Auditor’s report (A/66/6). Member States continue to emphasize the importance of accountability and transparency, particularly in budget execution and internal controls. Several programmatic matters also require attention. The Committee on Development and Intellectual Property (WO/GA/58/7) has approved a new wave of projects and evaluations, many focusing on creative industries, tourism, and small and medium enterprises. Meanwhile, the Advisory Committee on Enforcement (WO/GA/58/10) seeks approval for its future work plan, and the Secretariat will report on PLT-related technical assistance provided by developed countries to developing and least-developed countries (WO/GA/58/12). On the administrative front, the Hague Union will consider its participation in WIPO’s Digital Access Service (H/A/45/1), a move intended to facilitate the digital exchange of priority documents and reduce the burden on applicants. Similarly, the Madrid Union will examine targeted amendments to its Regulations, including the mandatory provision of email addresses and more responsive recalculations of fees based on currency fluctuations (MM/A/59/1). Beyond regulatory updates, the Assembly will also take note of WIPO’s ongoing support to Ukraine (A/66/8), which includes tailored technical assistance and reaffirmed commitments to territorial integrity in WIPO communications and services. The report reflects both resilience in Ukraine’s IP ecosystem and the role of international cooperation in post-crisis recovery. Finally, WIPO’s arbitration and mediation services (WO/GA/58/11) continue to gain relevance, with increased uptake among SMEs and IP offices reinforcing the value of accessible dispute resolution in a diversifying innovation landscape. As the WIPO General Assembly addresses a broad agenda spanning governance, treaty implementation, and procedural reforms, it sets the stage for the organization’s work in the coming years. While many items remain at a preparatory or consultative stage, the decisions taken—particularly on the Director General appointment process, committee leadership, and follow-up to recent treaties—will shape the institution’s capacity to respond to Member State priorities. Continued dialogue, transparency, and balanced representation will be essential to ensure progress across the Organization’s diverse and evolving mandate.

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