After Folklore, Traditional Knowledge Makes Steps Toward WIPO Treaty Text
IP Watch, 25 February 2011

GENEVA, SWITZERLAND: Convened in the framework of the WIPO Intergovernmental  Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), the second intersessional working group met from 21-25 February 2011 to address traditional knowledge (TK). According to reports by IP Watch, the working group on TK worked for two days on the basis of a document prepared by the WIPO Secretariat titled “The protection of traditional knowledge: revised objectives and principles,” including preliminary language on different articles along with footnotes and comments made by countries and observers. Following this exercise, the participating experts were divided into six small, open-ended groups, each of which worked on a specific set of articles in an effort to come up with a cleaner and shorter version. Chair Ian Heath (Australia) then worked with the conveners of the small groups to compile all the articles. Discussion on the updated document revealed lack of agreement on common language on most articles, in particular Article 1 on the subject matter of protection, including the definition of traditional knowledge, criteria for eligibility and secret traditional knowledge, but also on Article 3 on the scope of protection, Article 4 on sanctions, remedies and exercise of rights, and Article 6 on exceptions and limitations. As a result, different options were compiled and comments were recorded, to be taken forward to the IGC. Chair Heath told IP Watch that there is no disagreement on intent, but some divergence on how to reconcile sometimes very different points of view on TK protection.

The third intersessional working group, meeting from 28 February to 4 March 2011, began its work on intellectual property and genetic resources on the basis of multiple documents, including country submissions and comments. Key issues include derivatives and disclosure of origin in patent applications. According to Chair José López de León (Mexico), two extreme positions can broadly reflect countries’ views on genetic resources, and the aim of the meeting is to deliver two options to which countries can relate to, so that the IGC can start negotiating.

Read the article … Read additional IP Watch articles on the meetings: Long Week Ahead for WIPO Experts Considering Treaty on IP and Genetic Resources (28 February 2011); Negotiators Work from New Text of Traditional Knowledge Treaty at WIPO (25 February 2011); WIPO Traditional Knowledge Experts in Small Groups to Craft Treaty Text (23 February 2011); Experts Work on WIPO Traditional Knowledge Draft Treaty Text (21 February 2011)