The World Intellectual Property Organization (WIPO) is an Intergovernmental organization established in
1967, and dedicated to developing a balanced and accessible international intellectual property (IP)
system, which rewards creativity, stimulates innovation and contributes to economic development while
safeguarding the public interest. WIPO is constituted of 185 Member States and promotes the
development and use of the international IP system. All WIPO activities derive, directly or indirectly, from
the Treaties that set out its functions and objectives. WIPO is mostly known for its vast experience in
managing international databases, including the PCT system (Patent Cooperation Treaty) allowing users
to seek patent protection in a large number of countries by filing a single PCT, the Madrid
system enabling international trademark protection, the Hague system allowing applicants to register an
industrial design in multiple, and the Lisbon system facilitates the international protection of appellations
of origin through a single registration procedure.
However, WIPO’s Member States also entrust other missions to the organization in, in the particular area
of creative content in the digital environment/ Indeed, one of WIPO’s main objectives include facilitating
the diffusion of creativity in the digital environment, and ensuring that the international legal framework
remains an effective tool for the stimulation and wide diffusion of creativity to the advantage of the
cultural, social and economic development. The actions of WIPO relating to the diffusion of creativity in
the digital environment address 3 areas:
1. Updating, developing and promoting, in a balanced way, an accurate, reliable and
efficient digital infrastructure for creativity to help authors, right owners, governments and
stakeholders to easily identify, distribute and share content
2. Promoting inclusive policies, guaranteeing an equal access to knowledge for everyone, in
particular in terms of limitations and exceptions
3. Reflecting on the adaptation of copyright law to the constantly-evolving technology
developments and emerging market trends
4. Developing standards ensuring an effective and balanced exercise of rights. WIPO
particularly focuses the crucial role of licensing and contracts in the digital environment
1. THE ESTABLISHMENT OF
REGULATORY FRAMEWORK
A
RELIABLE
COPYRIGHT
INFRASTRUCTURE
AND
A. COPYRIGHT REGISTRATION AND DOCUMENTATION
Technologies for registration, location and preservation of creative works are becoming essential tools for
secure, rich and user-friendly distribution of knowledge. Indeed, there is an overwhelming flow of content,
often completely unidentified, which justifies a renewed interest in readily available and accurate
ownership data, and therefore in documentation and recordation under different forms.
Consequently, at the request of several Member States from Latin America, WIPO has facilitated
automation of Copyright registration systems with a software developed specifically for this purpose: the
GDA. In addition, Survey on Private Copyright Documentation Systems and Practices, by Marci Ricofili,
covering the use of copyright documentation, Rights Management Information, by entities such as
collective management organizations, along with a scoping study on Copyright and Related Rights and
the Public Domain, including an illustrative comparison of national legislations that define the public
domain, and a Survey on Voluntary Registration and Deposit Systems under copyright, building on an
earlier Survey of National Legislation on Voluntary Registration Systems for Copyright and Related
Rights, carried by the Secretariat in November 2005. This survey examines not only registration systems
but also deposit systems. Finally, on October 13th and 14th 2011, a Conference was organized on
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Copyright Documentation and Infrastructure, bringing together representatives of governments, national
and international public institutions, academics and other stakeholders involved in the copyright industries
to address the increasing importance of copyright documentation and infrastructure.
B. INFRASTRUCTURE FOR BENEFICIARIES OF LIMITATIONS AND EXCEPTIONS:
THE VIP
WIPO, supported by its Member States, in its efforts to implement the United Nations Commitment to
advancement of the status of persons with disabilities, has developed in collaboration with the
international standards bodies, the DAISY Consortium and EDitEUR, the VIP Project.
It has two components: first, the Trusted Intermediary Global Accessible Resources (TIGAR) project,
aiming at enabling publishers to make their titles easily available to trusted intermediaries serving people
with disabilities, in cooperation with the World Blind Union, the DAISY Consortium… Second, the
Enabling Technologies Framework (ETF) project, aiming at developing mainstream publishing processes
so that they are capable of delivering digital publications that are fully accessible to people with reading
disabilities. These standards, guidelines and tools set are being adopted by the publishing industry, the
standardization bodies and the VIP community.
In this context, the focus of work has also been to develop best practice guidelines for publishers to follow
in their production process and where appropriate to integrate existing standards (including ONIX, ePub
and DAISY) into mainstream publishing in ways that enhance these best practices. In addition, a capacity
building component is also included in the VIP initiative to ensure that the benefits received from the
various VIP activities would be realized in both developed and developing countries.
In December 17 and 18, 2012 WIPO General Assembly was convened in extraordinary session to
evaluate a recently adopted draft text on copyright limitations and exceptions to benefit persons with
visual impairment/print disabilities. A Diplomatic Conference was held in Marrakesh from June 17 to June
28, 2013 in during which an international Treaty to improve access to copyrighted works for the many
visually impaired and people with print disabilities around the world has been successfully adopted.
2. THE PROMOTION OF INCLUSIVE POLICIES, GUARANTEEING AN EQUAL ACCESS TO
KNOWLEDGE FOR EVERYONE
A. THE DEVELOPMENT AGENDA
Ensuring the full participation and access of the populations of developing countries to digital content is
important to WIPO’s Member States. It is essential that policies relating to copyright and technology
promote an equal and balanced access to culture and knowledge. Indeed, all categories of users should
be taken into consideration while drafting copyright policies for the digital environment, so that content
information can be universally reachable.
In fact, at the 2007 General Assembly, WIPO Member States adopted 45 recommendations for a WIPO
Development Agenda, aiming to ensure that development considerations form an integral part of WIPO’s
work. The 45 recommendations are grouped into six clusters reflecting the main areas of focus of the
Development Agenda. They require a wide range of actions for implementation, ranging from concrete
development-oriented projects and activities to the application of certain principles and objectives that
should continue to guide the work of the Organization.
One of the many on-going projects of the Digital Agenda relates to Intellectual Property, Information and
Communication Technologies (ICTS), the Digital Divide and Access to Knowledge. Its objective is to help
bridging the "Digital Divide", by increasing the role played by flexibilities in enabling access to ICTs and to
information and knowledge, by providing Member States with relevant and balanced information on the
opportunities of new models of distributing information and creative content, and by raising the awareness
of the opportunities provided by the copyright system. This project has two main components: one relates
to the digitization of Industrial Property Documents, and the other one focuses more on Copyright, with
the Preparation of a Study on Using Copyright to Promote Access to Information and Creative Content.
This Study consists of a survey of legislation, public policies and strategies of governments linked to the
use of the copyright system in order to enhance access to knowledge, in three key areas: education and
research, software development practices, including free and open-source software, and public sector
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information. The Study also examines the role that could be played by WIPO, within its mandate, to
engage in new activities that assist Member States to achieve their development goals in the area of
copyright, the flexibilities of its systems as well as new licensing approaches. In this context, a Feasibility
Assessment has been elaborated in order to examine the possible new WIPO activities related to using
copyright to promote access to information and creative content. This Assessment has been presented
and approved by Member States in the context of the latest CDIP (Committee on Development and
Intellectual Property) in May 2013.
Another project relates to Limitations and Exceptions for Libraries and Archives. A 2008 WIPO study
found that 21 countries had no library exceptions at all. Therefore, in early 2011 number of library
organizations proposed a draft treaty for Member States to consider, stating that given that much
knowledge is now born digital, the law must apply equally to digit material just as much as analogue
physical objects, and must allow digital as well as analog copying, i.e. be neutral. The objectives are
three-fold: first, encourage Member States to adopt exceptions and limitations in their national laws that
facilitate the public service role of libraries and archives, second, enable libraries and archives to carry
out their public service role of preserving works, and thirdly encourage the adoption of national legal
deposit laws and systems. During the23rd session of the SCCR (Standing Committee on Copyright and
Related Rights) in December 2011, three documents were submitted: the Case for a Treaty on
Exceptions and Limitations for Libraries and Archives: Background Paper by IFLA, ICA, EIFL and
INNOVARTE, presented by Brazil, “Objectives and Principles for Exceptions and Limitations for Libraries
and Archives,” presented by the United States of America and a “Proposal on Limitations and Exceptions
for Libraries And Archives,” presented by Brazil, Ecuador and Uruguay. Delegations have identified 11
common topics for further discussion. The text-based work will continue during the 26th session of the
SCCR in July 2013 towards an appropriate international legal instrument or instruments (whether model
law, joint recommendation, treaty and/or other forms). A three-day inter-sessional meeting on limitations
and exceptions for libraries and archives might also be held in the second half of 2013
B. OPEN LICENSING IN THE DIGITAL ENVIRONMENT
WIPO encourages and promotes the new economic models respectful of copyright, and particularly
focuses on the crucial role of licensing and contracts in the digital environment. Indeed, the digital
environment facilitates copyright licensing by different means, including by helping to rapidly locate and
identify licensors and licensees, providing virtual platforms for exchange, payments and the delivery of
goods and services. Moreover, a number of new licenses practices are emerging in the new technological
environment, which reflects the development of collaborative creativity and a more dynamic position of
the user. Therefore, each user is now a potential consumer, producer, creator and distributor of creative
work.
In 2005, WIPO published a Guide on the Licensing of Copyright and Related Rights, which was authored
by a number of experts in different fields, and provided information on licensing practices involving a
variety of sectors such as publishing, music, software and audiovisual. WIPO has launched a series of
regional seminars on software and IP, to demonstrate how software can be a powerful tool for economic
development in areas such as business models and licensing. The seminars have specially focused on
the interplay between different licensing modalities such as open source software and proprietary
software. Finally, WIPO has organized a Global Meeting on 4th and 5th of November 2010 on Emerging
Copyright Licensing Modalities, exploring different approaches to licensing creative content in the
evolving online marketplace, the software industry and open access publishing: several participants at
this even stressed the need to make it faster, easier and simpler for those who want to use music for legal
services to find out who owns what rights in music, and not just in the developed world but throughout the
world. The goal of the meeting was to raise the awareness of Member States on the complexities
underlining a vast variety of licensing practices in different sectors, including the online market for music,
the software industry and open access publishing
C. IGO LICENSING
WIPO and several other intergovernmental organizations (IGOs), have engaged in a discussion on the
different options available for enabling a more flexible approach to licensing of their materials. The main
objective of the IGO License is to provide a flexible tool for making creative content from IGOs available to the
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public. It will enhance IGO attribution and enable a more transparent and granular approach to use of IGO
content by members of the public.
To this effect, a Working Group (WG) was established with the following IGOs: Food and Agriculture
Organization of the United Nations (FAO), Organization for Economic Cooperation and Development (OECD),
United Nations (UN), World Bank, World Health Organization (WHO), IMF (International Monetary Fund), ESA
(European Space Agency), ILO (International Labor Organization), CERN (European Organization for Nuclear
Research) and UNESCO (United Nations Educational, Scientific and Cultural Organization).
In this context, discussions with Creative Commons (CC), have explored the possible adaptation of CC
licenses to the specific nature and requirements of IGOs. During the year 2012 the WG reviewed a specific
version of the CC License adapted to IGOs. The review was undertaken on the basis of two different
conversations. Firstly, an on-going dialogue among IGOs. Secondly, a dialogue with CC, where WIPO,
assisted by OECD, has acted as focal point and representative of all other IGOs in the WG. There is currently
a positive general impression on the possible finalization of the IGO License in the coming months
3. THE ADAPTATION OF COPYRIGHT LAW TO THE CONSTANTLY-EVOLVING TECHNOLOGY
DEVELOPMENTS AND EMERGING MARKET TRENDS
A. THE NEW ROLE FOR INTERNET INTERMEDIARIES
The distribution of creative content was traditionally based on the dual roles of the creator and the
distributor, be it a publisher or a producer. In the new technological environment there is a shift to a
triangular approach where the Internet Intermediary plays an increasing relevant role. Digital distribution
of creative content is characterized by a multiplicity of new roles for Internet intermediaries such as
search engines, ISPs, which may challenge tradition concepts of indirect responsibility for use and
misuse of copyright material. WIPO wishes to launch an international discussion to showcase the
evolving role of internet intermediaries, the opportunities and challenges faced by different stakeholders.
In the field of copyright, WIPO has participated in the elaboration of two studies, attempting to find
commonalities in the way that the responsibility of Internet Intermediaries is addressed in different
jurisdictions, commonalities which are to be identified under different legal doctrines and practices. The
first one is entitled Role and Responsibility of the Internet Intermediaries in the Field of Copyright, by
Professor Lilian Edwards. This Study aims at providing an overview of the evolving role of Internet
Intermediaries, including in regard to business practices and technological developments. The second
one consists in a Comparative Analysis of National Approaches to the Liability of Internet Intermediaries,
by Professor Daniel Seng and Professor Ignacio Garrote. In addition, WIPO has organized a series of
meetings, in cooperation with the Internet Society (ISOC) to present studies and other information
material, such as a side event during the Twenty-second Standing Committee on Copyright and Related
Rights (SCCR) on June 22, 2011, or a Workshop during the WSIS Forum which took place in Geneva, on
May 16th 2011, where partial results of the WIPO Studies have been showcased. WIPO has also coorganized a workshop with ISOC during the Internet Governance Forum (IGF) 2011 held in Kenya on
September 29. Moreover the ADG in charge of been invited to speak at the IGF 2012 at an ISOC panel
featuring among other issues the role of Internet Intermediaries
B. THE BEIJING TREATY FOR AUDIOVISUAL PERFORMANCES
A diplomatic conference to finalize a new treaty for audiovisual performers was successfully concluded on
June 26, 2012 as negotiators from WIPO’s member states signed the Beijing Treaty on Audiovisual
Performances. The new treaty brings audiovisual performers into the fold of the international copyright
framework in a comprehensive way, for the first time. Importantly, the new treaty will strengthen the
precarious position of performers in the audiovisual industry by providing a clearer international legal
framework for their protection. For the first time it will provide performers with protection in the digital
environment. The treaty will also contribute to safeguarding the rights of performers against the
unauthorized use of their performances in audiovisual media, such as television, film and video. It will
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also strengthen the economic rights of film actors and other performers and could provide extra income
from their work. It will potentially enable performers to share proceeds with producers for revenues
generated internationally by audiovisual productions. It will also grant performers moral rights to prevent
lack of attribution or distortion of their performances.
4. THE DEVELOPMENT OF CONTRACTUAL STANDARDS ENSURING A BALANCED
EXERCISE OF RIGHTS
Contracts represent the ultimate way in which copyright impacts creators and the creative industries.
Well-drafted contracts are key factors for an effective and balanced exercise of rights, ensuring both their
exploitation and the equitable remuneration of creators. The need for promoting solid contractual relations
appears necessary, especially in developing countries lacking effective Copyright institutions and solid
trade unions representing the different stakeholders concerned. Although WIPO doesn’t want to appear
as endorsing the positions of any contractual party, WIPO can play a relevant role by publishing a review
of contractual practices developed with a neutral, inclusive and universal approach.
A Working Group has been established with representatives from performers and producers, to look at
this issue regarding the audiovisual sector, and a WIPO review of contractual practices has been
elaborated, covering a list of formal consideration which needs to be taken into account when drafting a
contract (identification of parties, rights transferred, duration…)
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The Internet Society
A global, cause-driven organization, the Internet Society is a leading advocate for the ongoing
development of the Internet as an open platform that serves the social, economic, and educational needs
of people throughout the world.
Founded in 1992 by several Internet pioneers, the Internet Society works in the areas of technology,
policy, development, and education to promote an open, accessible Internet for everyone. A shared vision
of keeping the Internet open unites the 60,000 individuals, 90 Chapters, and more than 130 organizations
around the world that are members of the Internet Society. Together, we represent
a worldwide network focused on identifying and addressing the challenges and opportunities that exist
online today and in the years ahead.
Advocating Open Internet Standards
The Internet’s open standards are essential
to allowing devices, services, and applications to work
together across a dispersed network
of networks. The Internet Society is the organizational home for the
Internet Engineering Task Force (IETF), the Internet Architecture Board (IAB), and the Internet Research
Task Force (IRTF). Virtually everything we do online today is because of work done in the IETF
constellation.
Advancing Policy Issues
The multi-stakeholder Internet governance model must be preserved. Over the years, we’ve been major
contributors to high-level discussions on Internet governance, digital content, privacy, and many other
issues. We promote, influence, and shape discussions through participation in international fora such as
the Internet Governance Forum (IGF), World Intellectual Property Organization (WIPO), Organization for
Economic Co-operation and Development (OECD), and International Telecommunication Union (ITU).
Promoting Key Internet Technologies
We actively promote technologies that are vital to the open, global Internet, such as IPv6 and Domain
Name System Security Extensions (DNSSEC). The Internet Society hosted World IPv6 Day in 2011 and
World IPv6 Launch in 2012, which garnered worldwide attention. Our Deploy360 Program provides realworld deployment information on key Internet technologies and is the top DNSSEC resource for IT
professionals today.
Improving Internet Access
The Internet becomes increasingly more valuable and useful for all users when more people, businesses,
institutions, and ideas are connected to it. We work to foster robust, efficient, and cost effective
interconnection and traffic exchange environments in developing countries, including assisting the
development of Internet Exchange Points (IXPs). The Internet Society was selected by the African Union
to conduct 60 workshops in 30 African countries to support establishing IXPs to help provide a more
locally operated and economically accessible pan-African Internet.
Supporting Trust and Confidence Online
The collection and use of identifying online data is one of the fastest growing sectors of the Internet
economy. The Internet Society works in both
the technical and policy arenas, supporting the
development of tools and policies that empower people to manage their online identities and the ‘digital
footprint’ they leave behind.
Impacting Lives
By encouraging innovative thinking and training future leaders, we can impact an entire community or an
individual’s career path. The Internet Society supports initiatives that address educational and societal
issues related to Internet development and online connectivity in underserved communities. Community
Grants support a broad range of projects from providing Internet access to visually impaired people in
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Armenia to empowering youth in Somalia by building Internet training centers. Our Fellowship programs
give engineers from emerging regions the opportunity to advance their professional growth, build
experience, and make valuable connections.
Recognizing Industry Leaders
Extraordinary people have helped to shape the Internet we enjoy today. The Internet Society is home to
multiple high profile recognition programs, including the Internet Hall of Fame, which honors individuals
who have made significant contributions to the development and advancement of the global Internet; the
Postel Service Award, named for Dr. Jonathan B. Postel to recognize service to the data communications
community; and the Itojun Service Award, in honor of Dr. Jun-ichiro “Itojun” Hagino to recognize service
to the IPv6 community.