WIPO GA

Blog, WIPO GA, WIPO-SCCR

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

/

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

Blog, WIPO GA, WIPO-SCCR

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

/

Sean Flynn 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

Blog, WIPO GA

WIPO GA Opening Statements Signal Debates Ahead

/

Sean Flynn and Talia Deady 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

Blog, WIPO GA

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

/

By Andres Izquierdo, Counsel, PIJIP, American University 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.

Scroll to Top