International

Annual Submission on Intellectual Property in Broadcasting

Monday, 10 February 2014

As in past years, CASBAA gave its views to the US Trade Representative as that organization began its annual review of intellectual property policies and practices around the world. Most of the situations in CASBAA's Asian markets have not radically changed, though the rise of online piracy is a growing concern as the region's broadband networks are built out. The submission expresses grave concern about development and export of Android-based pirate "black boxes" that make available whole bouquets of pay-TV programming, usually streamed from China to other markets in the region. On the good news side, it lauds the Indian government for its cable digitization policy, and notes that the Vietnamese government's liberalization of its pay-TV regulations in May 2013 has resulted in a smooth market situation there.

Read here

   

Broadcasters’ Retransmission Rights Affirmed by EU Court

Thursday, 21 March 2013

In a landmark verdict delivered in early March, the European Court of Justice issued a very strong decision in support of the rights of broadcasters to control simultaneous relay (on the internet or otherwise) of their signals.   CASBAA member ITV was one of the plaintiffs, and law firm Olswang acted for them.  Under the ECJ decision, many third-party internet relay services and “catchup” TV services will be considered to violate broadcasters’ copyrights -- even where (i) the subscribers to the service could otherwise lawfully have received the broadcast on their television receivers; and (ii) the service may or may not be profit-making or competing with the original broadcaster.   See an article and read the decision here.

   

Briefing Paper on the WIPO Broadcasting Treaty

Tuesday, 05 June 2012

The Asia-Pacific Broadcasting Union (ABU) has produced a comprehensive Q & A paper to dispel common myths about the draft WIPO Broadcasting Treaty.   ABU and CASBAA are pushing for the July 2012 meeting of the WIPO Standing Committee on Copyright and Related Rights (SCCR) to reach consensus on calling a Diplomatic Conference to move forward on the treaty, on the basis of a new draft proposed last year by Mexico and South Africa.  

Download the briefing paper here.

   

Annual USTR Review of Intellectual Property Practices

Thursday, 09 February 2012

CASBAA’s 2012 submission to the US Trade Representative says Indian progress toward cable digitization is “a major advance towards cleaning up” the massive underdeclaration pervading India’s cable TV market.  If addressable digitization in India remains on track, CASBAA said, USTR should consider next year removing India from its IPR “Priority Watch List.”    Other Asian markets are not doing so well; the CASBAA submission noted continuing problems with signal theft by rogue cable operators in Thailand, the Philippines and Indonesia, as well as mysterious gaps in Taiwan cable declarations and payments.  Sadly, it also noted that things are not much improving in China’s huge market, which “has become an Asian center for pay-TV piracy.”

The CASBAA submission to USTR can be downloaded here.

   

CASBAA Offers Views on Pay-TV Piracy

Thursday, 17 February 2011

As part of its annual review of various countries’ intellectual property policies and practices, the USTR asked for information.  CASBAA made a submission noting that protection for intellectual property in the broadcasting business remains unacceptably weak in certain Asian countries, and especially in Thailand and the Philippines, where commercial-scale piracy of entire content bouquets content is rife in the cable TV business, and intellectual property laws and treaties are unenforced.  CASBAA also noted growing production of circumvention equipment and services from China as a major problem.  Dowload the submission here.

   

World Broadcasting Unions push WIPO Broadcasting Treaty

Tuesday, 16 November 2010

A coalition of global broadcasting unions (including the Asia-Pacific Broadcasting Union – ABU) made a strong push to re-start the negotiating process for a Broadcasting Treaty, at the just-concluded semi-annual meeting of WIPO’s Standing Committee on Copyrights.  The broadcasting organizations told the international gathering that “Adequate (copyright) protection must include effective judicial remedies against digital piracy and other misappropriation of broadcasters’ expertise, resources, and effort….”  In response, the WIPO Committee asked member countries to submit new proposals for treaty language, to be considered at the next meeting in June 2011. For more information please contact  This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

   

CASBAA Tells WIPO Members about Pay-TV Piracy

Tuesday, 13 July 2010

CASBAA participated in a July 12 seminar on copyright protection for broadcasters, organised by the World Intellectual Property Organization (WIPO) and the Government of India held in New Delhi. CASBAA’s Executive Director – India, Anjan Mitra, presented a series of case studies on piracy of pay-TV content in the Asian hemisphere. He joined reps from the Asia-Pacific Broadcasting Union, the Indian Broadcasting Foundation, and other industry executives and government officials in pointing up the urgency of the piracy problem, as WIPO considers a new international treaty to protect the rights of all broadcasters. Download the CASBAA “Case Studies” presentation here.

   

World Broadcasting Unions urge WIPO to move forward with new treaty to protect Broadcasters’ Rights

Monday, 01 March 2010

The Asia-Pacific Broadcasting Union (ABU) has provided an update on discussions at the December 2009 meeting of the WIPO Standing Committee on Copyright and Related Rights (SCCRR). Broadcasting Unions from around the world united at that meeting to urge WIPO to move forward on the much-delayed Broadcasting Treaty. A report on the discussions (courtesy of the ABU) can be found here. The World Broadcasting Unions also distributed a brochure, explaining to WIPO delegates why a treaty is needed, and refuting common misconceptions propagated by digital content activists. Download a copy of the brochure here.

   

US “Special 301” list in 2010: CASBAA recommends Priority Watch List status for several Asian Jurisdictions

Thursday, 18 February 2010

CASBAA’s submission to this year’s USTR review of the policies and practices of Asian governments with respect to intellectual property protection noted continuing severe unremedied deficiencies in several Asian markets, including Thailand, the Philippines, China and India. At the same time, concrete actions against pay-TV piracy were observed in Indonesia, Macau and Vietnam, though many problems remain. Read the full submission here.

Full Article

   

APEC and ASEAN discuss problems with signal piracy

Thursday, 17 December 2009

Officials from a host of governments which are members of the APEC and ASEAN groups met in December 2009 to take an in-depth look at the problem of signal piracy.    The “Seminar on Signal Piracy, Regulation and Enforcement in a Converged World” heard speakers from governments and industry.    Spokesmen from some governments (Australia, Singapore, Malaysia, USA) discussed legal approaches that had seen some success, while industry reps from markets around the Pacific Rim described the myriad ways that broadcast signals can be stolen and re-sold in an increasingly wired (and wireless) world.    The seminar was supported by the US Patent and Trademark Office, with major input from CASBAA and our member companies.

See more information here.

   

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