|
* Atleast Project Title is Required.
|
Project No. |
CTI 18 2011A
|
Project Title |
Workshop on Copyright Limitations and Exceptions
|
Project Status |
Completed Project
|
Publication (if any) |
|
Fund Account |
APEC Support Fund
|
Sub-fund |
ASF: General Fund
|
Project Year |
2011
|
Project Session |
Session 2
|
APEC Funding |
80,646
|
Co-funding Amount |
9,996
|
Total Project Value |
90,642
|
Sponsoring Forum |
Intellectual Property Rights Experts Group (IPEG)
|
Topics |
Intellectual Property
|
Committee |
Committee on Trade and Investment (CTI)
|
Other Fora Involved |
Not Applicable / Other
|
Other Non-APEC Stakeholders Involved |
|
Proposing Economy(ies) |
Chile
|
Co-Sponsoring Economies |
China; Thailand; Peru
|
Expected Start Date |
08/07/2011
|
Expected Completion Date |
31/12/2012
|
Project Proponent Name 1 |
Marcela Paiva Véliz
|
Job Title 1 |
Legal Advisor, Intellectual Property Department
|
Organization 1 |
General Directorate for International Economic Affairs, Ministry of Foreign Affairs, Chile
|
Postal Address 1 |
Teatinos 180, 11th floor, Santiago, Chile
|
Telephone 1 |
56-2-8275349
|
Fax 1 |
56-2-8275466
|
Email 1 |
mpaiva@direcon.cl
|
Project Proponent Name 2 |
Not Applicable
|
Job Title 2 |
Not Applicable
|
Organization 2 |
Not Applicable
|
Postal Address 2 |
Not Applicable
|
Telephone 2 |
Not Applicable
|
Fax 2 |
Not Applicable
|
Email 2 |
Not Applicable
|
Declaration |
Marcela Paiva Véliz
|
Project Summary |
The Project seeks to discuss within APEC the issue of limitations and exceptions to copyright and related rights, building on the key findings of the “Report On Copyright L&E in APEC Economies”, presented and circulated in 2009 and distributed in hard copies in 2010. To achieve this goal, we plan to hold a Workshop on Copyright L&E, in Santiago, Chile, with speakers that can present the different views and give the proper setting to exchange ideas, based on the aforementioned Report.
The objective is to create a better understanding of how the issue of limitations and exceptions has been addressed across the economies, exchange experiences with domestic best practices and provide the possibility to learn from other economies. This capacity building will be especially useful for developing economies in order to improve their skills and knowledge in trade and investment liberalization and facilitation.
The preparation of the Workshop should start in July 2011, and is projected to take place for 2 days during April 2012. The project should finalize during July 2012, where a CD with the workshop material will be sent to participants.
|
Relevance |
The importance of balanced intellectual property systems across the APEC region is highlighted in the APEC Leader’s Declaration “THE YOKOHAMA VISION – BOGOR AND BEYOND” (13-14 November 2010): “We reaffirm our commitment to strengthen the protection and enforcement of intellectual property rights (IPR) and reiterate the importance of comprehensive and balanced intellectual property systems that provide for and protect the incentives that encourage creativity and innovation and provide the tools for successful management and exploitation of intellectual property”.
The Joint Statement of the 22nd APEC Ministerial Meeting expressed almost the same idea with respect to intellectual property. In relation to The Global Economy, it defined that “the scope of issues that APEC needs to address has also significantly expanded in the changing regional and global economic environment. We share the view that a reconsideration of our quality of growth is an imperative in responding to the needs of the new era, and that APEC’s traditional agenda of regional economic integration (REI) also needs to be reinforced.”
In the field of Intellectual Property, much has been done by the different economies to establish robust intellectual property rights and measures for enforcement. Certainly, there is still much to do. But it cannot go without recognition that IPEG’s discussions have broadened these issues, thus emerging other important elements of the Intellectual Property System, such as limitations and exceptions, in the way of achieving a better quality of growth within our economies, especially in the new digital economy. Limitations and exceptions serve as an essential function of any copyright system, balancing the exclusive rights of copyright holders, with limitations and exceptions to those exclusive rights, in certain special cases that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the copyright holders; which endeavours to broaden the base of scientific, cultural, artistic, and economic knowledge through access and use of works.
Therefore, the issue of copyright limitations and exceptions is basic in the promotion of creation, innovation and growth as well as other key statements expressed by our ministers and leaders, and we believe it is an important issue that should be addressed by APEC economies.
|
Objectives |
The Project seeks to discuss within APEC economies the issue of limitations and exceptions in copyright, building on the key findings of the Report On Copyright L&E in APEC Economies, so as to create a better understanding within APEC of how the issue of limitations and exceptions has been addressed across the different economies. As the Report states, there are divergences among APEC economies (wide variation of acceptance of L&E, specific conditions and requirements); L&E are continuously evolving (new reforms over the last years); there is a relation between the level of development and the number of L&E; and there are unresolved issues (for example, relation between L&E and DRM, contracts) (Report on Copyright L&E in APEC Economies, p.54-55). Therefore, this project will help to further clarify these issues, giving the possibility to share experiences, describe domestic best practices and learn from other economies. This will consequently help specially those economies that are in the process of revising their copyright laws, as some of the economies expressed while this project was presented.
|
Alignment |
The project is settled under the main goal established by APEC which is the furtherance of economic integration via free and open trade and investment of which, as recognized by APEC Leaders in the 1995 Osaka Action Agenda, intellectual property is a key factor. It addresses the digital economy challenges, specially the need to foster innovation and promote the use of information, as well as the promotion of growth through innovation, based on a strong and balanced copyright system, which includes appropriate exceptions and limitations during the period of copyright exclusive rights. These issues have a direct impact on the development of APEC economies, especially in developing countries. This view goes in line with APEC Leader’s Declaration 2010, where it was highlighted that in the way forward for APEC, it’s important to have a robust community, affirming that “policies that promote balanced growth within and among APEC economies should be adopted. All sectors of society, in particular potentially disadvantaged and marginalized groups, should be provided opportunities to fully realize their potential. (…)Growth through innovation should be advanced within and across our economies through the adoption of policies and regulatory environments that best enable economies to support innovation, utilize information and communication technologies, develop a skilled workforce, and increase research and development”. Furthermore, is related with the APEC Leaders’ Growth Strategy 2010, dealing with inclusive and innovative growth, as well as with the 2011 APEC Priorities, through Strengthening Regional Economic Integration and Expanding Trade.
It also goes in line with the goals set out by IPEG, in terms of “Deepening the dialog on intellectual property policy; survey and exchange information on the current status of Intellectual property protection and administrative systems; fully implement the TRIPS Agreement; and, facilitate technical cooperation to help economies implement TRIPS” and at the same time “Raising public awareness”.
Copyright L&E are part of a broader system of intellectual property that is basic in today’s economic development processes, as adequate intellectual property systems attract greater levels of foreign investment and furthermore boost trade. Furthermore, L&E are by themselves vital to many industries that benefit from them, being a contribution to domestic growth. Therefore, exchanging experiences about this issue will be helpful for APEC economies to promote a free and open trade and investment in our region.
|
TILF/ASF Justification |
Having in mind the need to consider this issue in APEC’s roadmap towards free and open trade and investment in the Asia-Pacific region, Chile believes that an important first step was the Survey on Copyright Limitations and Exceptions endorsed by IPEG in 2006 and its subsequent report, distributed in 2009. In this second stage project, Chile proposes to hold a Workshop as the next phase, which seeks to further deepen the understanding about the different domestic experiences and realities, giving the opportunity for economies to learn from each other. This capacity building experience would be highly useful for all the economies, since the Survey found that there are divergences among the legal systems and that they are continuously evolving, but it will be especially valuable for developing countries, since the Survey showed that they tend to have less L&E than developed economies (Report on Copyright L&E in APEC Economies, p.54). Members of developing economies will attend the workshop and will be presenting as speakers.
|
Beneficiaries and Outputs |
Since this is a capacity building activity intended to improve the understanding on how this issues has been addressed across APEC economies, the exchange of experiences with domestic best practices and provide the possibility to learn from other economies, which are the first direct beneficiaries will be APEC Members Economies Regulators and Policy Makers in the field of IP and APEC Member Economy’s Copyright Offices. They will be invited to participate as participants and speakers.
At the same tame, non APEC participants, such as international organizations (WIPO, UNESCO, etc.), or other interested entities in accordance to the established profile, such as Copyright Holders Associations, Libraries, Universities and other educational entities, Right holders Organizations and Non Governmental Organizations related with this topic, can have the opportunity to express their views and engage in a constructive dialogue with APEC economies representatives, as well as having the opportunity to perceive regional trends or tendencies regarding this issue. Once the program is defined, Chile will work with the Secretariat, co-sponsors and other member economies, to invite the organizations that meet the defined profile as participants. Accordingly, some of them will also be invited as speakers, giving them the opportunity to share their experience as well.
The resulting documents, presentations and the report that factually summarizes the key issues of the discussion will be distributed and will constitute a useful tool for both APEC and non APEC stakeholders.
|
Dissemination |
The Workshop will produce a report to be distributed among IPEG members. The workshop report, documents and presentations will be circulated to the IPEG members and will be posted on the APEC and DIRECON website. It will also be circulated to international organizations and private sector stakeholders that participate in or express interest in the Workshop.
|
Gender |
Workshop organizers will make sure to include women speakers and participants in the activity, both from governmental offices and private sector. Women will play an important role in the planning and preparation for the Dialogue.
From a more substantive perspective, this project could benefit women because where inequalities between men and women exist in terms of access to copyright resources, particularly in the area of education, a balanced approach to copyright protection, with strong legal limitations and exceptions, could serve to decrease existing gender inequalities of access.
|
Work Plan |
July – August 2011
Program: Chile will draft the Workshop Program and circulate it to other member economies within IPEG for comments. Chile will incorporate the comments and finalize the agenda by the beginning of August.
August – September 2011
Participants list: Chile will work with the Secretariat to circulate an invitation to APEC economies for participants in the relevant agencies and among interested stakeholders, with the best profile to participate in the activity, defined by IPEG.
Speakers: Chile will also work with co-sponsors and other member economies through the IPEG to identify relevant speakers based on the final agenda by the end of September to ensure sufficient time to make travel arrangements.
October 2011 – January 2012
Venue arrangements: The Dialogue will take place in Santiago, Chile. A venue with adequate space will be reserved for the event. Chile will finalize the venue arrangements in January.
April 2012
Workshop: The Workshop will take place during this month. This period was defined to avoid coincidence with other meetings, and according to this period the work plan was developed.
May – June 2012
Report Preparation: Immediately upon conclusion of the Workshop, Chile will work with co-sponsors and other IPEG members to draft a report that will factually summarize the key issues of the discussion. The draft report will be sent for review by the APEC Secretariat before finalization.
July 2012
Report and documents distribution: The documents, presentations and Workshop report will be circulated to IPEG members on a CD and will be posted on the web-page of the Chilean General Directorate of International Economic Affairs (Direcon) and the APEC web-site.
|
Risks |
Risks associated with the Workshop on Copyright Limitations and Exceptions will be minimal. As we need a constructive discussion for the success of the activity, we will define an appropriate profile in order to let the interested public in accordance to the established profile know about the project. There may be last-minute speaker cancellations. That risk will be managed by identifying possible back-up speakers in advance of the event. We have enough time to identify travel-eligible participants and get logistics arranged in time for the event. Therefore, we haven’t identified serious risks related to this project.
|
Monitoring and Evaluation |
The primary indicator of whether the Workshop on Copyright Limitations and Exceptions is successful in meeting its objectives will be the assistance of APEC member’s officials and relevant stakeholders. Along with that, the active participation and dialogue during the Workshop will be crucial for the success of this capacity building activity, especially among developing countries.
Finally, the factual report that summarizes the key issues of the discussion will be a useful tool for the relevant actors engaged with the activity. It will be a contribution for APEC members when addressing these issues at a domestic level; for private sector, to have a clear idea of the state of the art in these issues among the region; and for IPEG, to have relevant information to keep developing these issues in future meetings and activities.
In addition, Workshop organizers will collect written feedback via evaluation questionnaires from the participants in the Workshop to assess its usefulness in increasing understanding of Copyright limitations and exceptions and building capacity to address them. This feedback could be used to increase the effectiveness and efficiency of future IPEG activities related to this or other issues.
|
Linkages |
At the multilateral level, the issue of limitations and exceptions is currently discussed at the World Trade Organization. Article 13 of the TRIPS Agreement sets forth the scope of limitations and exceptions, being a central element at the international level. At the same time, this issue is currently being discussed in other specific forums such as World Intellectual Property’s Standing Committee on Copyright and Related Rights and is a key element within the WIPO Development Agenda. The United Nations Educational, Scientific and Cultural Organization is also a relevant nongovernmental organization that works on these issues. Therefore, international bodies as well as private sector stakeholders whose work is related to copyright limitations and exceptions will play a major role in the Workshop as speakers and participants.
The issue of limitations and exceptions should be considered in APEC’s roadmap towards free and open trade and investment in the Asia-Pacific region. With respect to previous work, Chile believes that an important first step was the Survey on Copyright Limitations and exceptions endorsed by IPEG in 2006 and its subsequent report, distributed in 2009, where relevant information was collected. In this second stage project, Chile proposes to hold a Workshop as the next phase, which seeks to further deepen our understanding about the different domestic experiences and realities. The workshop’s agenda will be built upon the key findings of the survey. These issues are relatively new to IPEG’s work and therefore constitute a valuable contribution to enrich our capacities and skills to achieve APEC’s goals from a broad perspective. Therefore, IPEG’s work will be crucial for the successful development of the project: the draft program will be circulated to the IPEG economies for its comments and suggestions on speakers. In addition, the Workshop report will be circulated to the IPEG after the activity.
APEC has not previously undertaken significant work on copyright limitations and exceptions. The survey was a relevant first step that works as an excellent basis to develop this capacity building activity. That experience, including the lessons learned from its development, will help. Specifically, the Report findings make clear that discussion about these issues is needed, as it is explained in the Objectives section of this project proposal. We believe that this capacity building activity is a good opportunity to exchange best practices and an effort to try to build a consensus among APEC Economies regarding these issues.
Finally, the wide variety of cultures and realities within APEC, with a clear common objective, makes it an excellent forum to address these issues. APEC, through IPEG’s work, is well placed to contribute to other international efforts.
|
Sustainability |
First, the report, documents and presentations will be available for stakeholders and beneficiaries. Second, this project is mainly thought as a capacity building activity for developing countries, and it will be directly beneficial for those that are modifying their copyright laws or in the process to do so. Therefore, a simple survey could be circulated among representatives of economies to seek further details regarding the current state of their copyright law in the issue of L&E. This could allow us to have clarity in which economies the knowledge will be more likely applied back, and could give us more feedback to develop future steps. Third, a future update of the Survey Report on Copyright L&E in APEC Economies might be proposed as a next step, trying to focus our efforts in implementing an online database that could be easily updated. Finally, further steps in cooperation or other initiatives could be proposed within IPEG. Chile will work with co-sponsors and other interested economies to explore possible follow-up activities, build upon the previous work that has been done.
|
Project Overseers |
|
Cost Efficiency |
Part of the reason to host the workshop in Chile rather than in the countries of our co-sponsors is that overall costs – accommodation, F&B, logistics, transportation – will be comparatively and significantly lower.
In order to ensure cost efficiency, the majority of APEC funding will be used for covering the costs of the travel, honorarium, per diem of experts and travel eligible participants. A proportion is used for hosting costs. The host economy will cover costs of short-term staff, secretariat, communication, photocopy, and costs relating to equipment and any other minor incidentals.
Finally, in a bid to save on publishing and delivery costs, publications and documents produced as an output of the workshop will be made electronically available to both participants and non-participants. The preferred forms of communication will be through e-mails and other viable forms of electronic communication when corresponding with overseas co-organizers, participants and experts, while post-workshop evaluation would largely carried out through emails.
|
Drawdown Timetable |
|
Direct Labour |
APEC-funded positions will not be employed for this project.
|
Waivers |
Some travel eligible economies may request advance payment of airfare and per diem if they are not able to wait for reimbursement.
|
Are there any supporting document attached? |
No
|
|
Attachments
|
|
|
|
|