Consolidated document relating to intellectual property and genetic resources rev.2
WIPO, February 2013

The final revised version of the consolidated document relating to intellectual property and genetic resources, as noted at the close of the 23rd session of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) of the World Intellectual Property Organization (WIPO), held from 4-8 February 2013, has been made available online. The document, still with several brackets, reflects the state of negotiations for an international instrument on intellectual property and genetic resources. It includes a list of terms, including bracketed definitions of “associated traditional knowledge” and “traditional knowledge associated with genetic resources”; policy objectives addressing compliance with access and benefit-sharing (ABS) laws, and ensuring IP or patent offices have the required information; articles on subject matter, beneficiaries, scope, relationship with international agreements, international cooperation, transboundary cooperation, and technical assistance, cooperation and capacity building; and two alternative sections concerning disclosure, one addressing a disclosure requirement including its trigger, exclusions, contents, actions of the office, relationship with the Patent Cooperation Treaty and the Patent Law Treaty, and sanctions and remedies, with sub-options for each elements; and another, calling for no disclosure requirement but detailing requirements for defensive protection, including establishment of databases, their content and accessibility. Major points of contention as reflected in the text include, among others: the approach towards disclosure; whether the document should focus on the patent system or the intellectual property system in general; references to derivatives of genetic resources; the relationship with other international agreements, including the Convention on Biological Diversity (CBD) and its Nagoya Protocol on access and benefit-sharing (ABS); and references to indigenous “peoples” and local communities. Download the document [pdf] …

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