WIPO Activities on Building Respect for IP and Management ...WIPO Activities on Building Respect for...

WIPO Activities on Building Respect for IP and Management of Rights in the Digital EnvironmentLjubljana, March 12, 2019

Mr. Ryszard Frelek, Section for Central European and Baltic States and Mediterranean Countries, Department for Transition and Developed Countries, World Intellectual Property Organization (WIPO)

Overview:

WIPOBuilding Respect for IPCopyright Management

WIPO

International intergovernmental organization

Since 1967

191 Member States

350 + accredited observers

1300 staff from 120 countries

26 treaties

Self-funding

What we do

We help governments, businesses and individuals make intellectual property work for innovationand creativity

WIPO

Make IP work for

development

Make it easy to protect IP

assets

Make IP lawsSupport policymakers

Improve access to the

IP system

Copyright-Related Treaties Administered by WIPO

Beijing Treaty on Audiovisual PerformancesBerne Convention for the Protection of Literary and Artistic WorksBrussels Convention Relating to the Distribution of Program-Carrying Signals Transmitted by SatelliteGeneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their PhonogramsMarrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print DisabledRome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting OrganizationsWIPO Copyright Treaty (WCT)WIPO Performances and Phonograms Treaty (WPPT)

Global Databases and Platforms

Building Respect for IP

What?

Help develop understanding of and respect for IPCreate an environment in which IP can fulfill its role to stimulate innovation and creationSystem of protection providing equitable benefits for both owners and users of IPRequires developments in legislation, awareness and cultural change, business and technology solutions, and institutional collaboration.

Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement

How?

Policy dialogue: Advisory Committee on Enforcement (ACE)Cooperation with PartnersAwareness RaisingAssistance to Member States

Respect for Copyright Respect for Trademarks

Young children: Pororo Older children: animations

Cross-Border IP Crime

Nature of the phenomenon

International norms

Territoriality

Site blocking

Domain seizure

Complexity

2008

2011-16

Kickass Torrents launched atresident A.V. Operated using

Site moves successively to other domains

www.kickasstorrents.com by Ukrainian Ukrainian company, Cryptoneat.

kat.ph (Philippines) (2008-11)kickass.to (Tonga) (2011-13) (2015)kat.tt (Trinidad & Tobago)kickass.so (Somalia) (2014-15)kickasstorrents.im (Isle of Man)kat.cr (Costa Rica) (2015-16)

Site servers hosted in USA, Canada.

Bank accounts in Latvia, Estonia

Allegations2013 – 2015

8 July 2016

20 July 2016

4 August 2017

Site blocked in various countries (inc. UK, Belgium, Malaysia, Portugal) by courts/police/administrative authorities

US Homeland Security agent files criminal complaint in Chicago, alleging:

• criminal copyright infringement• conspiracy to commit criminal copyright infringement• conspiracy to launder proceeds of conspiracy to commit

criminal copyright infringement.Seeking seizure of domain names in US, Tonga (US administration), Philippines, Costa Rica; and of criminalproceeds held by Latvian bank in the name of Belize company.

A.V. arrested in Poland, held in custody. Bailed 18 May 2017.US seeking extradition.

A.V. motion to dismiss indictment in US court rejected.

Enforcement Measures

Criminal sanctions Prosecution of offences Domain name seizure Freezing proceeds of crime

Civil actions Injunction/damages claim against infringer Site-blocking injunction against ISP

Customs – border measures

Legal Framework in EU

TRIPS

Directive 2004/48/EC on the enforcement of intellectual property rights

Article 8(3), Directive 2001/29/EC on the harmonization of certain aspects of copyright and related rights in the information society

Regulation (EU) No 608/2013 concerning customs enforcement of intellectual property rights

Copyright Management

Copyright Management

Individual managementCollective Management

Collective Management in 2019

Traditional uses of protected worksTerritorialLocal and international repertoireReciprocity agreements and international federations

Online uses of protected worksMulti-territorialDirect licensing

Legal Framework and WIPO Treaties

National legal framework Copyright Act: statutory/mandatory collective management vs. exclusive rightsCopyright Act and/or Regulations: CMO governance and supervision vs. member-drivenPrinciples of copyright territoriality and national treatment

WIPO Copyright and Related Rights TreatiesModern national legal framework and legal certainty Protection of domestic repertoire abroad, including onlineImplementation according to national policy objectives

WIPO legislative advice

WIPO Tools and Assistance

WIPO non-normative tools and Member States-driven assistance:

WIPO Academy and capacity building activitiesBuilding respect for IP initiativesTechnical assistance including legislative adviceWIPO Good Practice Toolkit for CMOsWIPO ConnectWIPO Arbitration and Mediation Center

WIPO Good Practice Toolkit for CMOs

Non-normativeCompiles examples of legislation, regulation and codes of conduct in the area of collective management of copyright and related rights from around the world and distils them into examples of good practice Member States and other stakeholders may select tools from the Toolkit to choose an appropriate approach in view of their country’s particular circumstances

WIPO Good Practice Toolkit for CMOs

Heading What is discussed

Explanation A short explanation of why attention should be paid to a particular issue (the explanation is not exhaustive)

Examples of good practice in codes, regulation or legislation

A list of examples of how a particular topic is addressed in codes of conduct, regulation or legislation

Good practice tools A menu of optional tools for consideration by Member States and other stakeholders

Structured in twelve chapters and three headings:

WIPO Good Practice Toolkit for CMOs

Providing information about the CMO and its operationsMembership: information, adherence and withdrawalMembers' rights to fair treatment; their position in the CMOParticular issues concerning the CMO-Member relationshipRelationship between CMOsRelationship between CMO and UserGovernanceFinancial administration, distribution of revenue and deductionsProcessing of Members’ and Users’ dataDevelopment of staff skills and awarenessComplaints and dispute resolution proceduresOversight and monitoring of CMOs

WIPO Connect

Interconnected system for the collective management of author and neighboring rights;Enables collective management organizations (CMOs) to locally manage their operations and to connect to regional and international networks for work and distribution data exchanges.

More: wipo.int; ryszard.frelek@wipo.int

Copyright: WIPO, Photo: Emmanuel Berrod