Resource: WIPO revised draft articles on traditional knowledge

The Protection of Traditional Knowledge: Draft Articles (Rev. 2)
WIPO, May 2013

The latest revision of the draft articles on traditional knowledge, as noted at the close of the 24th session of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) of the World Intellectual Property Organization (WIPO) is available online. The document includes changes to the policy objectives and the guiding principles, Articles 1, 2, 3 and 6, according to comments made during IGC 24. Download the draft articles [pdf] …

 

Meeting prep: UNU-IAS events on the Nagoya Protocol, GIAHS

The Convention on Biological Diversity and the Nagoya Protocol: Why Intellectual Property Still Matters
17 May 2013 (UNU-IAS, Yokohama, Japan)

This seminar by Kiyoshi Adachi from the UN Conference on Trade and Development (UNCTAD) will highlight recent work by UNCTAD on the policy space available for countries to use selected intellectual property tools in support of the international access and benefit-sharing system. Further information …

Experiences and Lessons of Dynamic Conservation and Sustainable Development  from Asian GIAHS Pilot Sites
28 May 2013 (UNU-IAS, Kanazawa, Japan)

Six pilot sites in China and two in Japan have been designated by FAO as Globally Important Agricultural Heritage Systems (GIAHS) sites for dynamic conservation and adaptive management. In addition, more sites in China and Japan are under consideration for GIAHS designation, and an application is also planned for a Korean site. This workshop will bring together experts from China, Korea and Japan, as well as local residents, to share experiences and lessons learned regarding biodiversity conservation and rural development. Further information …

 

This week in review … South Africa to launch national TK recording system

South Africa to Launch National Traditional Knowledge Recording System
IP Watch, 10 May 2013

GENEVA, SWITZERLAND: On 24 May, South Africa will be launching its National Recordal System aiming to catalogue its indigenous knowledge. The National Recordal System is an initiative of the South African Department of Science and Technology, with the ultimate goal of creating opportunities “for benefits to flow back to the communities.” The NRS includes the establishment of indigenous knowledge networks, provincial Indigenous Knowledge Systems Documentation Centers and an Information Communication Technology knowledge platform. It will be interactive, and benefit-sharing agreement forms will be accessible online. Read the article … Further information on the NRS …

 

This week in review … ICTSD piece comments on WIPO IGC negotiations on TK

WIPO Negotiators Make Headway on Draft Instrument on Traditional Knowledge
ICTSD Bridges Weekly Trade News Digest, 2 May 2013

GENEVA, SWITZERLAND: The 22-26 April meeting of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) saw delegates work in informal and small drafting groups in order to whittle down a text fraught with brackets. Though some parts of the text – such as the definition of traditional knowledge – appear to have fewer brackets than before, the document still reflects important disagreements between countries on core issues. One particularly contentious issue under “scope of protection” continues to be a mandatory disclosure requirement in patent applications regarding the origin of genetic resources and associated traditional knowledge. Another issue that turned heated during the discussions was whether traditional knowledge found in the public domain or that is known and used outside the community is eligible for protection. Read the article …

 

This week in review … UNCTAD expert meeting addresses IP and ABS, provides feedback to draft handbook

UNCTAD: IPRs in Health, Research, Cosmetics, Meet Access and Benefit Sharing
IP Watch, 29 April 2013

UNCTAD Handbook: IP and the CBD Protocol on Genetic Resources
IP Watch, 30 April 2013

GENEVA, SWITZERLAND: The interactions between intellectual property and international rules of global access and benefit-sharing (ABS) were explored recently by an expert group meeting, convened by the UN Conference on Trade and Development (UNCTAD) on 16-17 April 2013. Several panels held under the Ad Hoc Expert Group Meeting on the Development Dimensions of Intellectual Property: Biological Diversity and Access and Benefit Sharing shed light on IP and ABS in particular areas, such as natural ingredients used in pharmaceuticals and cosmetics, and pandemic influenza preparedness. Among many speakers, Johanna von Braun, attorney-at-law for Natural Justice, presented cases of misappropriation of genetic resources and associated traditional knowledge, and challenges to prevent that misappropriation. She advised that ABS contracts should be well drafted to ensure certainty on what happens to the resources when they leave the country, and said that local communities need capacity building in order to be aware of their rights and be able to negotiate.

The meeting also served to provide feedback on a draft handbook on the Nagoya Protocol on ABS and the international intellectual property system, to be published by UNCTAD later this year. The draft handbook addresses the sources of international law, disclosure of origin, the patentability of life forms, limitations and exceptions to IP laws, positive protection of traditional knowledge, costs and benefits of geographical indications, and private contract law.

Read the article of 29 April … Read the article of 30 April …

 

This week in review … EurActiv reports on European Parliament discussions on draft ABS regulation

EU ponders biopiracy law to protect indigenous people
EurActiv, 26 April 2013

BRUSSELS, BELGIUM: A European Commission proposal for an EU regulation on access and benefit-sharing (ABS) is currently debated by the European Parliament. Rapporteur and Green MEP Sandrine Bélier cited as an example of ABS a German pharmaceutical company’s dealings in South Africa: Pelargonium sidoides, a variety of geranium known for its antimicrobial and expectorant qualities, has been used traditionally by indigenous communities in South Africa for centuries to treat bronchitis and other respiratory diseases.  It also stimulates the nervous system, so has been used in the treatment of AIDS and tuberculosis. In 2000, the German company Schwabe made significant profits on Umckaloabo, a product derived from the geranium, without compensating local communities. It then filed patents claiming exclusive rights to the medical use of the plant. But in 2010 the patents were cancelled following appeals from the African Centre for Biosafety in South Africa and the Bern Declaration in Switzerland, calling the patents “an illegitimate and illegal monopolization of genetic resources derived from traditional knowledge and a stark opposition to the Convention on Biodiversity.” Bélier told EurActiv the new regulation should help protect biodiversity and ensure that indigenous and local communities are adequately compensated for their resource and their traditional know-how. Read the article … Download the proposed regulation [pdf] … Read an interview with Sandrine Bélier …

 

Resource: WIPO-UNU paper on the role of customary law in ABS and TK governance

The Role of Customary Law in Access and Benefit-Sharing and Traditional Knowledge Governance: Perspectives from Andean and Pacific Island Countries
Brendan Tobin
WIPO and UNU, April 2013

This paper examines the relationships between customary law, national and international regulation of TK and access to genetic resources and-benefit sharing (ABS), and human rights. It is based upon a desktop analysis of these issues and the deliberations and conclusions of a series of regional and sub-regional workshops held in Andean and South Pacific Island countries between 2003 and 2006. Section I provides an overview of issues relating to protection of TK and recognition of customary law. Section II addresses international recognition of customary law, focusing on the work of the CBD and the WIPO IGC. Section III examines the protection of rights of TK holders under international human rights law. Section IV reviews the status of customary law in Andean and Pacific Island countries. Section V provides an overview of the debates and conclusions of the various workshops. Section VI presents the conclusions of the study and proposals for future action. Download the paper [pdf] …

 

Resource: FNI report on the ABS agreement on Teff genetic resources

The Access and Benefit-Sharing Agreement on Teff Genetic Resources: Facts and Lessons
Regine Andersen and Tone Winge
Fridtjof Nansen Institute Report 6/2012, October 2012 | ISBN: 978-82-7613-646-3

This report tells the story of an agreement on access to teff genetic resources in Ethiopia, and the fair and equitable sharing of benefits derived from their use, that was hailed as one of the most advanced of its time. This agreement between the Ethiopian Institute of Biodiversity Conservation and the Dutch company Health and Performance Food International was entered into in 2005. It was seen as a pilot case of the implementation the Convention on Biological Diversity in terms of access and benefit sharing, and expectations were high. And yet, implementation of the agreement failed. The Dutch company was declared bankrupt in 2009. And, as a result of several circumstances, Ethiopia was left with fewer possibilities for generating and sharing the benefits from the use of teff genetic resources than ever before. This report provides an in-depth analysis of the course of events with regard to the agreement as well as a related patent on the processing of teff, and concludes by deriving recommendations concerning future access and benefit-sharing agreements as well as for the implementation of the Convention on Biological Diversity. The recommendations address: strengthening of the CBD Clearing-house Mechanism by introducing a separate entity providing information on bioprospecting applicants in order for provider countries to assess the applicant’s professionalism; establishment of a CBD ombudsman facility to assist and support provider countries in cases of alleged violations against ABS agreements or establishment of a Third Party Beneficiary as the one established under the International Treaty on Plant Genetic Resources for Food and Agriculture; assigning ABS focal points in user countries the responsibility for providing access to the legal system in their countries for provider countries; and organization of national workshops in user countries for companies working with genetic resources and bioprospecting. Download the report [pdf] …