WIPO

WIPO

1. By Haritha WIPO Copyright Treaty 1996 – India

2. SUMMARY OF THE WIPO COPYRIGHT TREATY ( WCT ) (1996) The WIPO Copyright Treaty ( WCT ) is a special agreement under the Berne Convention that deals with the protection of works and the rights of their authors in the digital environment. WCT  came in force on March 6, 2002 and has been adopted by 96 contracting parties till date and is a special agreement under Berne Convention (for protection of literary and artistic works).  The WCT mentions two subject matters to be protected by copyright :( i ) computer programs, whatever the mode or form of their expression; and(ii) compilations of data or other material ("databases"), in any form.

3. WCT and WPPT

4. RIGHTS RECOGNIZED BY THE BERNE CONVENTION The right of distribution The right of rental The right of communication to the public The term of protection must be at least 50 years for any kind of work .

5. BENEFITS OF WCT TO INDIA To enable creative right-holders enjoy the right of their labor, through international copyright system that can be used to secure a return on the investment made in producing and distributing creative works; To facilitate international protection of domestic rights holder by providing them level-playing field in other countries as India already extends protection to foreign works through the International Copyright order and these treaties will enable Indian right holders to get reciprocal protection abroad; To instill confidence and distribute creative works in digital environment with return on investment; and To spur business growth and contribute to the development of a vibrant creative economy and cultural landscape.

6. THE 3-STEP TEST Article 9(2) Berne Convention, Article 13 TRIPS Agreement, Articles 10(2) WCT and 16(2) WPPT certain special cases do not conflict with normal exploitation do not prejudice the legitimate interests of rightholders WTO Panel Decision, June 2000 (EU v. US) playing of radio or television broadcasts of musical works in certain bars, restaurants and other retail establishments

7. ARTICLES RELATING TO WIPO COPYRIGHT Article 1 Relation to the Berne Convention Article 2 Scope of Copyright Protection Article 3 Application of Articles 2 to 6 of the Berne Convention Article 4 Computer Programs Article 5 Compilations of Data (Databases ) Article 6 Right of Distribution Article 7 Right of Rental Article 8 Right of Communication to the Public

8. AGREED STATEMENTS CONCERNING THE WIPO COPYRIGHT TREATY Concerning Article 1(4 ) Concerning Article 3 Concerning Article 4 Concerning Article 5 Concerning Articles 6 and 7 Concerning Article 7 Concerning Article 8 Concerning Article 10 Concerning Article 12

9. COPYRIGHT LIMITS Fundamental or constitutional rights or public interest: freedom of speech, information, education, culture Balance among rights and interest

10. Cabinet approves accession to WIPO Copyright Treaty, 1996 and WIPO Performance and Phonograms Treaty, 1996  The Union Cabinet chaired by Prime Minister Shri Narendra Modi has approvedthe proposal submitted by Department of Industrial Policy and Promotion, Ministry of Commerce and Industry regarding accession to the WIPO Copyright Treaty and WIPO Performers and Phonograms Treaty which extends coverage of copyright to the internet and digital environment The approval is a step towards the objective laid in the National Intellectual Property Rights ( IPR ) Policy adopted by the Government on 12 th May 2016 which aims to get value for IPRs through commercialization by providing guidance and support to EPR owners about commercial opportunities of e-commerce through Internet and mobile platforms.

11. WIPO COPYRIGHT FLEXIBILITIES Scope: ideas, theories, simple data Duration: 50 years, 25 years, 20 years Exclusion of some categories of works: Crown copyright Permitted uses without authorization and remuneration: fair use or fair dealing Permitted uses by law with remuneration: mandatory or compulsory licensing system Legislative options for Member States. Only one mandatory exception

12. WCT Notification No. 87 WIPO Copyright Treaty Accession by the Republic of India The Director General of the World Intellectual Property Organization ( WIPO ) presents his compliments to the Minister for Foreign Affairs and has the honor to notify the deposit by the Government of the Republic of India, on  September 25, 2018, of its instrument of accession to the WIPO Copyright Treaty , adopted at Geneva on December  20, 1996 . Accession: September 25, 2018 Inforce : December 25, 2018

13. LIMITATIONS AND EXCEPTIONS FOR WCT Article 10 of the WCT incorporates the "three-step" test to determine limitations and exceptions, as provided in Article 9(2) of the Berne Convention. Three-step test: Article 9(2) of the Berne Convention states that: It is the responsibility of the legislation in the countries party to the treaty to permit the reproduction of such works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author. The duration for protection for WCT and WPPT is at least a period of 50 years. Thus, the protection of work in the digital environment and performers rights will now be enforceable with more efficiency and on par with the 96 countries party to the mentioned treaties.

14. CONCLUSION The most �important�feature�of�the�WCT�and�the�WPPT�is�that�it includes�provisions�necessary�for�the adaptation�of�international�norms�on�the�protection�of works ,�performances�and�phonograms�to�the�situation�created�by�the�use�of digital�technology ,� particularly�of global�digital�networks�like�the Internet. The�participation�in,�and�the�use�of,�the�Global Information�Infrastructure�based�on�such � technology and�such�networks�is�an�obvious�interest�of�all�countries .��The WCT�and�the WPPT�establish�the�legal�conditions�for�this . For�this�reason,�it�is�also�a�clear�interest�of all�countries�to�adhere�to�the�WCT�as�well�as to�the�WPPT .

15. THANK YOU