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Day 1 

October 24  2024

Scientific program

I. OPENING

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9.00                Opening Session

 

9.30 - 10.00 Opening Speeches

 

II. GENERAL OVERVIEW OF THE TRADE AGREEMENTS

 

 

First session: General context. How do International Trade Agreements

operate in the field of copyright and related rights?

 

 

10.00 - 10.30 Historical Framework of Inclusion of Copyright into Trade Agreements: Before Berne Convention and in the context of NAFTA/TRIPs and early bilateral/regional agreements. Why, what, were the main approaches/main contents, the difference to mere Intellectual Property treaties and effects on them.

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10:30 - 11:00 Evolvement post-TRIPs: New priorities in content?

  •  An examination of relevant issues in copyright: emphasis on ISP Liability, extended terms of protection, and traditional cultural expressions (Folklore).

  •  Cultural exemption clauses. Real cases and implementation examples.

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11:00 - 11:20 Coffee Break

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11:20 - 12:00 Mapping the multilateral and bilateral free trade treaties today: An overview of the treaties, including copyright and related rights worldwide.

  •  Mapping Regional free trade treaties worldwide

  •  Mapping Bilateral free trade treaties worldwide

 

12:00 - 12.30 Closing Clauses in FTAs and Copyright Protection.

 

12.30 – 14.00 Lunch Break

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2. Second Session: Particular issues of trade treaties as such and in relation to

treaties administered by WIPO and UNESCO

 

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14.00 - 14.30 Relation among trade treaties and between trade treaties and copyright/related rights treaties

  • Relation among trade treaties

  • Relation between trade treaties and copyright/related rights treaties

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14.30 - 15.00 Dispute settlement mechanisms in trade treaties: working of the WTO-mechanism, and relation of different mechanisms under different treaties. A short survey of the WTO/TRIPs dispute settlement mechanism, outlook to the future (given its being blocked from properly working right now); short overview of such mechanisms in other trade treaties; relation between such mechanisms (who can choose what mechanism where two parties are members of both TRIPs (or a regional treaty) and a bilateral treaty with different dispute settlement mechanisms)

  • Overview and current state (lack of working) of dispute settlement mechanisms in WTO and other trade treaties and their relations.

  • Effectiveness of sanction

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15.00 – 15.15 Debate

 

 

15.15 - 15.45 Interpretation of copyright rules in trade treaties: Is there a difference to interpretation under copyright treaties?

  • Should the same rules be interpreted differently, if in a trade treaty?

  • What has been the impact of incorporating the three-step test of the Berne Convention in both TRIPS and FTAs?

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15.45 - 16.05 Coffee break

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16.05 - 16.45 Author’s rights vs copyright in trade treaties

  • Differences between author’s rights-based and copyright-based systems as reflected in trade treaties, such as “work made for hire”, moral rights or private copy remuneration.

  • Impact and comparative analysis of negotiation dynamics and national legislation in response to varied requests from copyright-system and authors' rights-emphasizing countries.

 

 

3. Third Session: challenges and opportunities of the Free Trade Agreements

for management of copyright and related rights. Its value from the perspective

of cultural diversity.

 

16.45 - 17.15 Effects of negotiations and provisions of Trade Agreements on collective management.

The focus should center on examining the impact of TRIPS and FTAs on the effective exercise of rights and understanding how collecting societies perceive their functions within this new environment.

 

17.15 – 17.45 Rights management and cultural diversity. Real cases and examples.

 

 

END OF GENERAL PART

Day 2

October 25  2024

III. SPECIFIC PART. Approaches by regions and countries.

 

9.00 – 9.20 The Brazilian presidency of the G20: a road map in Copyright

 

9.20 – 10.00 The European Union Policy.

The examination of the European Union’s trade policy regarding copyright and related rights specifically centers on the extension of the Association Agreement between the European Union and Chile, as well as the trade agreements with Singapore and South Korea. Additionally, attention is directed towards elucidating the European Union’s stance on the diversity of cultural expressions, and also its impact on ECJ.

 

10.00 – 10.40 The UK policy after Brexit. Characteristics and impact on copyright and related rights, including the interaction with other treaties, particularly with the European Union, are examined for practical effectiveness from both sides. Its relation with traditional cultural heritage.

  • The UK  perspective.

  • The EU viewpoint.

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10.40 – 11.00 Debate

 

11.00 – 11.20 Coffee Break

 

11.20 – 12.00 The case of Chile: The country with the largest number of Free Trade Agreements signed in the world. 

  • General review and perspective. Legislative development and strategy.

  • A viewpoint from the copyright industries and creators.

 

12.00– 12.50 Latin America

  • Overview and main challenges for Latin America, particularly regarding digital content exportation, cultural diversity, among others. 

  • The case of the Andean Community of Nations (Comunidad Andina de Naciones, CAN).

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12.50 – 13.10 Africa

  • The current state of affairs concerning Africa will be explicated in conjunction with its significance vis-à-vis international treaties, as well as its alignment with development policies.

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13.10 – 14.00 U.S. policy on Free Trade Agreements and its relationship with copyright protection. 

  • General approach to specific cases, such as the Trade Agreement between the United States and China.

  • The US Copyright Office perspective on Copyright and International Trade.

  • US copyright enforcement policy in action. A private sector view.

 

14.00 – 15.30 Lunch break

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15.30 – 16.20 The Asian perspective.

Practical cases regarding Free Trade Agreements in China,  South Korea, and Japan.

  • China: its national approach to FTAs.

  • South Korea: a practical approach to its FTAs policies and real cases.

  • Japan: FTAs and cultural exportation.

 

16.20 – 16.40​ Coffee Break

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END OF SPECIFIC PART

 

IV. CLOSING SESSION

 

16.40 – 17.00 Mapping. General overview of national groups’ perspective.

 

17.00 – 18.00 What opportunities and challenges do International Trade Agreements offer for the protection and defense of copyright and related rights in an increasingly global world? How this affects cultural diversity? Is it necessary to encourage further study and analysis of the subject?

  • Contribution of Free Trade Agreements (FTAs) to Global Copyright Harmonization.

  • Impact of FTAs on the harmonization of global copyright and related rights legislation, taking into account shared standards and addressing challenges stemming from legal traditions, cultural diversity, and economic interests.

  

18.00 – 18.15 Debate

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18.15.                ALAI General Assembly

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