Statement by India at the Extraordinary General Assembly of WIPO delivered by Smt. Alpana Dubey, First Secretary (Economic) on 17 December 2012

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 Mr. Chairman,

 1.        The Delegation of India appreciates the efforts of the WIPO Secretariat in organizing Extraordinary General Assembly of WIPO on 17th and 18th December 2012 to evaluate the text on limitations and exceptions for visually impaired persons/persons with print disabilities and to take decision to convene the Diplomatic Conference in 2013.  India welcomes the positive approach followed by the member states in finalizing the legal text during the 25th SCCR held from 19th to 23rd November, 2012. 

2.         The visually impaired persons/persons have been patiently waiting for the last 3 years for finalization of international norm-setting at WIPO which will provide them access to copyrighted works. In this context, India reiterates its commitment to finalise of WIPO Treaty on limitations and exceptions for visually impaired persons/persons with print disabilities. A legally binding treaty is more appropriate where there is already consensus built up over wide areas of the legal text. Enacting any kind of soft law or non-binding instrument would undermine the very purpose of making copyrighted works accessible to visually impaired persons/persons with print disabilities. Therefore, India believes that a strong law like a binding treaty will only successfully address the needs of visually impaired persons/persons with print disabilities by proving minimum standards for use of copyrighted works and cross-border exchange of accessible format copies.

3.         The two key issues which are yet to be resolved in the legal text finalised during the 25th SCCR are commercial availability and inclusion of the language of the Three-Step test. These issues are very crucial for the developing countries and it requires substantial flexible approach to be followed by all the member keeping in view the basic human rights of the visually impaired persons/persons with print disabilities.

4.         Indian delegation showed its best of flexibility during the 25th SCCR in finalizing many issues under the existing legal text. India believes that by protecting the existing national legislations on limitations and exceptions for visually impaired persons/persons with print disabilities will be imperative for resolving many outstanding issues in the legal text. India also believes that the legal text finalised during the 25th SCCR can very well form the basis for adopting a WIPO Treaty on limitations and exceptions for visually impaired persons/persons with print disabilities.  However, there are a few issues to be resolved in the legal text and there is a need for converting the existing legal text into a ‘basic proposal’ for the Diplomatic Conference to be convened in 2013. India supports calling a special SCCR session before the Diplomatic Conference to finalise the ‘basic proposal’.

 5.        We look forward to constructive discussions on the Draft Rules of Procedure and the draft Administrative Clauses in the Preparatory Committee of the Diplomatic Conference to Conclude a Treaty on Limitations And Exceptions for Visually Impaired Persons and Persons with Print Disabilities and we assure you of our delegation’s full positive and constructive support in carrying forward, the work of the Extraordinary General Assembly.

I thank you, Mr. Chairman.

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