10th meeting of wipo committee on traditional knowledge, genetic resources and folklore

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TWN Info Service on Intellectual Property Issues (Dec06/04)

18 December 2006

10TH MEETING OF WIPO COMMITTEE ON TRADITIONAL KNOWLEDGE, GENETIC RESOURCES AND FOLKLORE

The 10th Session of the WIPO Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore met from 30 Nov – 8 Dec 2006 and with several important decisions were taken.

Generally it was decided that the 11^th Session of the IGC will be held on July 3 to 12, 2007. It also agreed that a draft written report, containing the agreed text of the decisions taken and all interventions made to the Committee, would be prepared and circulated by January 31, 2007. Committee participants should submit written corrections to their interventions as included in the draft report before March 30, 2007. A final version of the draft report will then be circulated to Committee participants for subsequent adoption.

On Traditional Cultural Expressions and Traditional Knowledge it has been decided that:

(i) Discussion will commence on the Issues (attached as Annex I – see below) in numerical order, if possible, during the current session (referring to the 10^th session), and will continue on that basis at the next session.

(ii) The existing documents (WIPO/GRTKF/IC/10/4, WIPO/GRTKF/IC/10/5 and WIPO/GRTKF/IC/10/6) remain on the table in their existing form and existing positions in relation to them are noted.

(iii) The discussion on the Issues is complementary to and without prejudice to existing positions in relation to the existing documents.

(iv) Delegations and observers are invited to submit comments on the Issues by end of March 2007. The Secretariat will collate the comments under each of the issues and distribute them by end of April. All comments will be posted on the Internet on receipt.

(v) In relation to existing comments on documents WIPO/GRTKF/IC/9/4 and WIPO/GRTKF/IC/9/5, the Secretariat will produce two tables (one for traditional knowledge and one for traditional cultural expressions/expressions of folklore) each containing two columns. In the first column, the titles of provisions in documents WIPO/GRTKF/IC/9/4 or WIPO/GRTKF/IC/9/5, as the case may be, will be reproduced, together with titles “general”, under the heading “Issues”. In the second column, the comments made by delegations and observers in relation to the titles in question will appear under the name of each delegation or observer.

On the issue of Genetic Resources it has been decided that:

The Secretariat will prepare for the consideration of IGC’s eleventh session: (i) a document listing options for continuing or further work, including work in the areas of the disclosure requirement and alternative proposals for dealing with the relationship between intellectual property and genetic resources; the interface between the patent system and genetic resources; and the intellectual property aspects of access and benefit-sharing contracts; and (ii) a factual update of international developments relevant to the genetic resources agenda item.

On the Participation of Indigenous and Local Communities Voluntary Fund

The Committee (i) took note of the implementation of the WIPO Voluntary Fund for Accredited Local and Indigenous Communities; (ii) welcomed the pledges and contributions received; (iii) encouraged its members and all interested public or private entities to pledge or to contribute to the Voluntary Fund; and (iv) confirmed that in future terminal expenses should be payable to beneficiaries under the fund at the rate currently applied under the United Nations system.

4. The Chair proposed, and the Committee elected by acclaim, the following eight members of the Advisory Board to serve in an individual capacity: as members of delegations of WIPO Member States: Mr. Gilles Barrier, France; Mr. Oscar Echeverry Vasquez, Colombia; Ms. Jean Kimani, Kenya; Mr. Yazdan Nadalizadeh, Islamic Republic of Iran; Mrs. Larisa Simonova, Russian Federation; as members of accredited observers representing indigenous and local communities or other customary holders or custodians of TK or TCEs: Mrs. Debra Harry, representative of the Indigenous Peoples Council on Biocolonialism; Mr. Johnson Ole Kaunga, representative of the Maasai Cultural Heritage; and Mr. Stuart Wuttke, representative of the Assembly of First Nations. The Chair nominated Mr. Abdellah Ouadrhiri, Deputy Chair of the Committee, to serve as deputy Chair of the Advisory Board.

This has been the contour of the discussions ever since the Secretariat came up with documents on the protection of traditional knowledge and traditional cultural expressions from misappropriation during the 7^th session of the IGC in 2004. These documents consist of three parts – part I deal with the policy objectives, part II with guiding principles and part III contain substantive provisions

Discussions at the IGC generally reflects the same divergences as existed at the past IGC sessions since the Secretariat came up with documents on the protection of traditional knowledge and traditional cultural expressions from misappropriation ( ie. during the 7^th session of the IGC in 2004)

These documents consist of three parts – Part I deals with the policy objectives, Part II with guiding principles and Part III contains substantive provisions.

The developed countries in particular the US, EU as well as Canada have been explicit that they don’t want discussions on part III lamenting even its “treaty-like” language and calling it “premature” as there is no agreement yet on parts I and II.

Developing countries want the discussion to be held in parallel, Nigeria made a proposal in behalf of the African Group in this 10^th session to hold discussions in parallel, with morning sessions devoted to discussing parts I and II and the afternoon discussions to focus in part III, which was opposed by developed countries.

Thus emerged the idea of a list of issues (prodded on by Japan) although such a list had already been drawn up previously in another session. Brazil noted that this was a necessary step backwards in order to move forwards.

The WIPO Document containing the Decisions in different languages is available at http://www.wipo.int/edocs/mdocs/tk/en/wipo_grtkf_ic_10/wipo_grtkf_ic_10_decisions.doc

Best Wishes
Sangeeta Shashikant
Third World Network
Tel: + 41 (0) 22 908 3550
Fax: + 41 (0) 22 908 3551
Email: ssangeeta@myjaring.net

ANNEX A

List of Issues on Traditional Cultural Expressions/Expressions of Folklore

1. Definition of traditional cultural expressions (TCEs)/expressions of folklore (EoF) that should be protected.

2. Who should benefit from any such protection or who hold the rights to protectable TCEs/EoF?

3. What objective is sought to be achieved through according intellectual property protection (economic rights, moral rights)?

4. What forms of behavior in relation to the protectable TCEs/EoF should be considered unacceptable/illegal?

5. Should there be any exceptions or limitations to rights attaching to protectable TCEs/EoF?

6. For how long should protection be accorded?

7. To what extent do existing IPRs already afford protection? What gaps need to be filled?

8. What sanctions or penalties should apply to behavior or acts considered to unacceptable/illegal?

9. Which issues should be dealt with internationally and which nationally, or what division should be made between international regulation and national regulation?

10. How should foreign rights holders/beneficiaries be treated?

LIST OF ISSUES ON TRADITIONAL KNOWLEDGE

1. Definition of traditional knowledge that should be protected.

2. Who should benefit from any such protection or who hold the rights to protectable traditional knowledge?