The Philippines has once again led a strong call at the World Intellectual Property Organization (WIPO) to finally convene a Diplomatic Conference to conclude the Broadcasting Organizations Treaty, a treaty whose negotiations began in Manila in 1997 and remain hanging after 28 years.
On the sidelines of the 47th Session of the WIPO Standing Committee on Copyright and Related Rights (SCCRR) held last month in Geneva, Switzerland, Philippine Mission Consul General Felipe “Bong” Cariño III delivered the country statement jointly developed with the Intellectual Property Office of the Philippines (IPOPHL).
The Philippine delegation warned that further delays on the Broadcasting Treaty would leave global broadcasters, especially those in developing economies, vulnerable to rampant cross-border signal piracy. It emphasized that the 1961 Rome Convention is no longer equipped to address the realities of digital-age piracy and that the latest draft already contains significant safeguards for the public domain, flexibilities for developing countries and built-in limitations and exceptions.
“The world is watching whether WIPO can still deliver balanced agreements,” Consul General Cariño III said. “Twenty-eight years is long enough. Let us finish what Manila started.”
Balanced, inclusive copyright frameworks
Beyond the broadcasting agenda, the Philippines made several key interventions to advance a more equitable global copyright system.
The Philippines reiterated its support for WIPO to build on the African Regional Conference on Artist’s Resale Rights by holding a similar meeting for Asia-Pacific, an event the Philippines expressed willingness to host. The delegation noted that APAC countries share common priorities in strengthening collective management systems and exploring appropriate resale-right models.
On top of this, the Philippines supported proposals for two separate studies on the audio-visual industry: one focused on the rights of audiovisual authors, such as producers or directors, and their remuneration for the use of their works and the other on the rights of actors and other audiovisual performers, including payment mechanisms for the exploitation of their performances.
Acting Director General (ADG) Nathaniel S. Arevalo said the Philippines’ position underscores the need for action.
“Balanced copyright must work in the real world,” ADG Arevalo said. “After nearly three decades, it is time to move forward, explore and utilize policy space, and be responsive to the challenge of enhancing the protection of creators’ and broadcasters’ IP rights while keeping access and fairness at the core.”
Bureau of Copyright and Related Rights (BCRR) Director Emerson G. Cuyo, who represented IPOPHL at the SCCRR meetings, said these studies are “timely and necessary as digital and on-demand platforms increasingly shape how audiovisual works are accessed and monetized,” providing valuable evidence for policy development and capacity building that keeps pace with the digital age.
“In both [studies], however, we encourage the inclusion of diverse national experiences, particularly from developing countries and examination not only of legal rights but also of actual remuneration practices,” Director Cuyo added.
He noted that both studies will also be useful as IPOPHL readies the issuance of the implementing regulations on the Beijing Treaty on Audiovisual Performances (BTAP).
Adopted in 2012 and entered into force on April 28, 2020, the BTAP provides a standard for remuneration and protection of audiovisual performances, both in recorded and live formats. The establishment of the Treaty is motivated by the need to recognize performers’ important contributions in making creative works accessible to the public.
