A Development Analysis of the proposed WIPO Treaty on the Protection of Broadcasting & Cablecasting

Research Paper 9 - January 2007

by Viviana Munoz Tellez
and Andrew Chege Waitara

Executive Summary (excerpt)

Since 1998, Member States of the World Intellectual Property Organization (WIPO) have discussed the creation of a new international instrument for the protection of broadcasting organizations. It is possible that final negotiations on a treaty on the protection of broadcasting organizations, including cablecasting organizations, will be initiated and conclude sometime in 2007.

The objective of the research paper is to help developing countries and other stakeholders, especially in the South, understand and critically review the various proposals for such a treaty and decide on policy options for the way ahead. The main question the research paper attempts to answer is whether there is a need for the protection proposed under the WIPO Revised Draft Basic Proposal on the Protection of Broadcasting Organizations and whether those rights are likely, on aggregate, to bring more benefits than costs for developing countries.

In preparing the research paper, the authors investigated, compiled and analysed concrete evidence regarding the existing protection granted to broadcasting organizations under international instruments and considered whether further protection, particularly exclusive rights, is necessary for the economic and social development of developing countries. Broadcasting organizations currently enjoy a certain level of protection against signal theft and intellectual property-type rights under international copyright and related rights treaties and similar instruments, namely the Rome Convention, the TRIPS Agreement and the Satellites Convention. Member States of the WIPO are currently discussing whether an instrument is required to grant new protection and rights to broadcasting organizations and cablecasting organizations over their broadcasts to address the problem of signal theft, particularly in the digital environment.