Brussels, 05 May 2017
WK 5167/2017 INIT
LIMITE
PI
WORKING PAPER
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INFORMATION
From:
Presidency
To:
Working Party on Intellectual Property
Subject:
Presidency Flash - Intellectual Property WP on 10 May 2017
In view of the Intellectual Property Working Party meeting on 10 May 2017, delegations will find in
Annex the Presidency Flash.
WK 5167/2017 INIT
LIMITE
EN
Working Party on Intellectual
Property
10 May 2017
Justus Lipsius Building
Working Party on Intel ectual Property
10 May 2017
Justus Lipsius Building
Dear colleagues,
At our working party meeting under the Maltese Presidency held on the
21st – 22nd March 2017 substantial constructive discussion was carried out
concerning the Presidency’s First Issues Paper on the articles of the
Directive on Copyright in the Digital Single Market dealing with
Exceptions and Limitations and Out of Commerce.
We look forward to another productive discussion at our next working
party on Intellectual Property which will be held on the 10th May 2017. By
means of this flash we would like to inform you of how the Presidency
would like, with your collaboration, to proceed during this meeting.
During this meeting, we intend to
start examining the Presidency’s Second
Issues Paper which deals with other parts of the Directive on Copyright in
the Digital Single Market namely from Article 10 relating to Negotiation
Mechanism to Article 17 which concerns the Final Provisions –
Amendments to other Directives. This Second Paper tries to highlight the
queries and certain aspects in the proposal which seem to require
clarification and on which Member States have voiced concerns such as,
whether the proposed mechanism is sufficient to contribute efficiently to a
greater availability of audio visual works on Video on Demand platforms
and if such mechanism will contribute to structured dialogues leading to
agreements between the parties. In relation to the protection of press
publications concerning digital uses this Issues paper tries to examine
whether the definition of ‘press publication’ as set out in Article 2(4) should
be further clarified and whether this should include hyperlinks and
snippets amongst other things. Other aspects contained in this Paper relate
to whether the proposal should further clarify the scope of the rights to
ensure the strengthening of the position of press publishers. The use of
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protected content by service providers storing and giving access to large
amounts of works and other subject matter is also another topic that will be
dealt with in this Issues paper. This matter of this proposal being consistent
with the E-Commerce Directive and whether the principle for fair
remuneration in contracts of creators is duly protected are also outlines in
this paper. Finally, this Paper looks at the relation between the exceptions
of Directives 2001/29 and 96/9 and those envisaged by this new proposal.
However,
during our meeting of the 10th May 2017 we will limit our
discussion by going through the queries raised in relation to Article 10 -
Negotiation Mechanism in particular, but not limited to, the efficiency of
such a mechanism and its practical implementation and Article 11 –
Protection granted to Press Publications concerning digital uses in
conjunction with Article 2(4) the definition of press publishers in relation to
what kind of publications are covered by the proposal and the interplay
between copyright and related rights on the same press publication and the
possible impacts on licensing practices. Moreover, we will also discuss the
proposed term of protection for this new ancillary right.
It is envisaged that the discussions on the issues paper will commence in
the afternoon of 10 May, whilst in the morning we will be coordinating our
discussions and preparations for the thirty-fourth session of the
Intergovernmental Committee on Intellectual Property and Genetic
Resources, Traditional Knowledge and Folklore (IGC ) which will take
place in Geneva on 12-16 June 2017. The upcoming IGC meeting will focus
on Traditional Cultural Expressions (TCE), the stock-take of work carried
out in this Committee and the recommendation to the WIPO General
Assembly for a new mandate to be given to the IGC.
For this purpose the Presidency in collaboration with the Commission has
drawn up a document which provides some background information on
IGC 33, as well as information on meeting management for IGC 34, the EU
study proposal on TCE, the list of outstanding issues on TCE and a stock-
take on Genetic Resources, Traditional Knowledge and TCE. The
document includes proposals for an EU position on certain aspects under
the afore-mentioned items and puts forward questions for discussion
during this meeting.
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Finally this document also contains a table in Annex consisting of the text
of WIPO/GRTKF/IC/34/6 on TCEs and EU comments and position on
certain articles within this text which aims to steer our discussions and
move towards an EU position on certain aspects.
We look forward to the upcoming discussions and to seeing you all at our
next meeting.
Sincerest Regards
The MT Presidency Team
Noel, Michelle, Godwin, Josephine and Marisa
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