[blindlaw] FW: [State-affiliate-leadership-list] FW: [tvi-discuss] IP Watch: Miracle In Marrakesh: "Historic" Treaty For Visually Impaired Agreed

Wed Jun 26 14:17:43 UTC 2013

Scott,

I am really excited and moved by the success. You and Fred deserve a lot of credit for the hard work and tireless activity to get this done. 

Congratulations, and I look forward to next weeks presentation.  See you in Orlando.

-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Scott C. LaBarre
Sent: Wednesday, June 26, 2013 3:24 AM
To: 'Blind Law Mailing List'
Cc: 'NFB of Colorado Discussion List'
Subject: [blindlaw] FW: [State-affiliate-leadership-list] FW: [tvi-discuss] IP Watch: Miracle In Marrakesh: "Historic" Treaty For Visually Impaired Agreed

Greetings friends, the below story captures the great joy of last evening when the delegates to WIPO adopted the text to this treaty.  The Federation was part of the original group that drafted the initial treaty proposal in
2008 which was put before WIPO in 2009.  I have been involved in this process since April of 2009 and most of the time, I wondered if we would ever get this across the finish line.  This accomplishment reflects the fact that we really are changing the world.  It is the first time ever that an international instrument focuses exclusively on the needs and issues of the blind.  Fred Schroeder and I will speak more about all of this at convention, but thanks to all of you and your support and action to get this adopted.  

Cheers!

Scott 

From: tvi-discuss [mailto:tvi-discuss-bounces at lists.keionline.org] On Behalf Of Krista L. Cox
Sent: Tuesday, June 25, 2013 8:57 PM
To: TVI-Discuss
Subject: [tvi-discuss] IP Watch: Miracle In Marrakesh: "Historic" Treaty For Visually Impaired Agreed

http://www.ip-watch.org/2013/06/26/miracle-in-marrakesh-historic-treaty-for-
visually-impaired-agreed/

IP Watch: Miracle In Marrakesh: "Historic" Treaty For Visually Impaired Agreed

By Catherine Saez, Intellectual Property Watch

Marrakesh, Morocco - The mood was one of celebration at the Marrakesh Palais des Congrès to greet the success of World Intellectual Property Organization negotiators in their attempt to produce a draft treaty text showing consensus. After a difficult start to the week, delegates achieved success and the corridors of the conference centre echoed with laughter and congratulations. Tears of joy were shed as most celebrated this as an historic agreement. Visually impaired people and civil society supporting them were ecstatic, some said overwhelmed.

The final informal consolidation draft text [pdf] was issued late at night, and all articles were adopted by a full room of delegates. The text is now off to the drafting committee which will ensure that all different language versions are consistent and compatible.

For the visually impaired community, this is seen as nothing short of a miracle. After 10 days of hard negotiations, Dan Pescod, who leads the World Blind Union's European campaign for the treaty, confessing exhaustion, told Intellectual Property Watch before the text was available "part of me wants to see the text in front of me and part of me feels this is an historic day many years in the making."

Maryanne Diamond, immediate past president of the World Blind Union told Intellectual Property Watch that all issues that mattered for blind people had been addressed. "We are still in shock," she said, adding "this is the beginning of changing the world for blind people."

Pablo Lecuona from the Latin American Blind Union said that for the past five years the blind community had been pushing for recognition of the problem of access to books for visually impaired people. "Now we have a treaty," he told Intellectual Property Watch, but said they have further work, which is the ratification and the implementation of this treaty so that it is an effective tool so that blind people can access more books.

"I am overwhelmed. It was so hard and it should not have been so hard," said Jamie Love, a strong supporter of the treaty. "It took five years of hard work when it could have been much quicker but people really changed their mind when they met blind people, you could see a change in attitude in delegates," he said.

"The European Union and the United States delegates found a way to push back on industry lobbying," he told Intellectual Property Watch and even within industry, he added, there was a change of attitude, with some lobbyists pushing back hardliners.

Jim Fruchterman, who heads Benetech, which runs Bookshare, a digital platform providing special format books for visually impaired people, said, "We are extremely excited about the treaty. We have the technology and we have the content, now we have a legal regime to make it possible for every person with print disabilities on the planet to get access to the books they need for education, employment, and social inclusion."

Delegates Displaying Glee

The level of enthusiasm was the same among delegates, whether from developed countries, developing or least-developed countries.

Justin Hughes, a US delegate told Intellectual Property Watch "It was a pleasure to work with Brazil, and the European Union, and Mexico in the early days to try to get the first collaborative text together. Obviously it feels wonderful to see that text come to fruition."

Another representative of Group B developed countries said that the text was balanced, as a European Union delegate said "everybody is very happy, very satisfied." A delegate of the African Group said, "It is a miracle."

In a rare occurrence, all delegations, as well as civil society, celebrated in unison a treaty characterised as serving human rights.

The enthusiasm was not as marked on the side of publishers. A source from the publishing industry told Intellectual Property Watch that the text was "pretty balanced" and that "there was something in it for everyone." Visibly the text is not to their full satisfaction, but most interviewed said they were happy for visually impaired people.

WIPO Director General Francis Gurry told observers that the treaty had been driven by nongovernmental organisations and it was not only a treaty, but a good treaty. He extended "his profound thanks" for what he describes as "a truly historic result."

"It is a great thing for WIPO, for intellectual property, for the multilateral system, but above all, for visually impaired persons," Gurry said. He was greeted by sustained applause. Participants widely praised the work of the WIPO secretariat.

After a difficult beginning of the week when progress was very limited on issues on which delegations stood firm, relief first came last Saturday when agreement was reached on the three-step test and the Berne Gap (IPW, WIPO,
24 June 2013).

Agreement on Tough Issues

Since then, there was mounting pressure to find agreement and the visually impaired representatives grew worried about the nature of the treaty. Among the issues remaining to be resolved as recently as yesterday were commercial availability, right of distribution to individuals, and right of translation.

The issue of commercial availability, long-standing and pugnacious, was solved yesterday. Visually impaired people and developing countries wanted it out of the treaty, publishers and developed countries wanted it in.
Finally, commercial availability still stands under Article 4 (National Law Limitations and Exceptions on Accessible Format Copies), but has disappeared from Article 5 (cross-border exchange of accessible format copies).

The issue of the right of distribution to individuals was settled after "some additional safeguards and some additional information sharing mechanisms" were added to the text, according to Hughes.

The text will come back to plenary to be reviewed and adopted, after having been through the drafting committee, on Thursday morning, said the WIPO secretariat, and countries will give their comments on the treaty at this time.Welcome to EditPad.org - your online plain text editor. Enter or paste your text here. To download and save it, click on the button below.

--
Krista L. Cox
Staff Attorney
Knowledge Ecology International

www.keionline.org

(202) 332-2670