The draft of the WPPT as mentioned above, in respect to the rights of performers, included alternatives under which those rights would also extend to audiovisual fixations of performances. Extensive informal negotiations took place over how this extension could be obtained, and the Delegation of the United States of America submitted a proposal containing a complex compromise solution.{46} However, this issue was not discussed in substance in Main Committee I, and finally the other alternatives were adopted in all the relevant provisions, under which the rights only extend to fixations in phonograms.

The Diplomatic Conference adopted a resolution in which the participating delegations "[c]all for the convocation of an extraordinary session of the competent WIPO Governing Bodies during the first quarter of 1997 to decide on the schedule of the preparatory work on a protocol to the WIPO Performances and Phonograms Treaty, concerning audiovisual performances, with a view to the adoption of such a protocol not later than in l998."{47}

The agenda of the Diplomatic Conference also included the consideration of a third draft Treaty, the draft Treaty on Intellectual Property in Respect of Databases containing provisions on a sui generis system of protection for databases.{48}

The Diplomatic Conference did not discuss that third draft Treaty in substance, mainly due to a shortage of time. It adopted a recommendation in which the participating delegations "[r]ecommend the convocation of an extraordinary session of the competent WIPO Governing Bodies during the first quarter of 1997 to decide on the schedule of further preparatory work on a Treaty on intellectual Property in Respect of Databases."{49}

The Director General has convened the competent WIPO Governing Bodies to an extraordinary session to be held in Geneva on March 20 and 21, 1997, to decide about the preparatory work of the "audiovisual protocol" to the WPPT and the Databases Treaty. That session will take place after the presentation of this paper.

(46} See WIPO document CRNR/DC/34.

{47} See WIPO document CRNR/DC/99.

{48} See WIPO document CRNRDC6.

{49} See WIPO document CRNR/DC/1OO.

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