the examination procedure and I submit my expert opinion in accordance with the relevantfacts to my best knowledge and my professional persuasion on the issues involved.
II. Relevant professional experience
From May 1985 to January 1999, I served as Director, and, from September 1993, asAssistant Director General of WIPO in charge of copyright. My tasks included the preparationof documents for, and acting as the head of the Secretariat at, meetings on various copyrightissues; advising governments and legislative bodies on the interpretation of internationalcopyright norms; proposing, and commenting on, draft legislation (in particular, concerningthe interpretation and implementation of the Berne Convention, the Rome Convention, theWCT and the WPPT); and the representation of the Organization at meetings of otherintergovernmental and non-governmental organizations.In this capacity, I was the main responsible of the preparation of the two so-
;” the WCT and the WPPT
. I participated in all the Committee meetings, in all worldforums on the issues of digital technology, in all the regional consultations, and in allsessions of the Diplomatic Conference adopting the Treaties (of which I was the Secretary),including all the informal consultations where certain provisions were negotiated.
As the key representative of WIPO in the preparatory work and in the negotiations, therewere several issues where I had to act as a catalyst to forge some reasonable and generallyacceptable compromise solutions. The legal characterization of
the applicable exclusiveright or rights for
the acts of including works and objects of related rights in the Internetfor interactive use (for any kind of use by those who may get access to them) was one of these issues. In fact, it seemed to be the biggest issue as potential obstacle to agreementbetween such key negotiating parties as the United States and the European Community.This thorny problem was solved through the so-
called “umbrella solution” serving as a basis
of the recognition of the right of (interactive) making available to the public which had beenworked out by me and offered to the negotiating parties in the way described below.After the Diplomatic Conference, still in the position of Assistant Director General of WIPOuntil my retirement at the end of 1998, I played active role in the promotion of ratificationof, accession to and due implementation of the two Treaties. Also since my retirement I havespoken about the Treaties, including their provisions on the right of making available to thepublic, at a great number of meetings around the world and have published several articlesand books on them.
For a detailed description of the preparation of the two Treaties (as regards the provisions on the makingavailable right),
The Law of Copyright and the Internet
The 1996 WIPO Treaties, their Interpretation and Implementation
rd University Press, 2002 (hereinafter: Ficsor, Oxford (pp. 145-254).