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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.
