Resource: The Indigenous World 2013

The Indigenous World 2013
Cæcilie Mikkelsen (ed.)
International Work Group for Indigenous Affairs (IWGIA), May 2013 | ISBN: 978-87-92786-33-3

This yearbook contains a comprehensive update on the current situation of indigenous peoples and their human rights, and provides an overview of the most important developments in international and regional processes during 2012. In 67 articles, indigenous and non-indigenous scholars and activists provide their insight and knowledge to the book with country reports covering most of the indigenous world, and updated information on international and regional processes relating to indigenous peoples. Download the book [pdf] …

 

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] …

 

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 …

 

Meeting review: WIPO IGC 24

Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore: 24th session
22-26 April 2013 (Geneva, Switzerland)

Focusing on traditional knowledge, the 24th session of the WIPO IGC was marked by intense substantive examination of four fundamental issues: defining “traditional knowledge”; identifying the beneficiaries of protection; framing the scope of rights; and defining appropriate exceptions and limitations. Following a review of the draft articles on TK in plenary, the IGC established an informal expert group with up to six experts per region and two indigenous experts, which worked on the core issues with a view to reducing the number of options and streamlining the text. The improved draft text of an international legal instrument on intellectual property and traditional knowledge, as reviewed by plenary on Friday, 26 April, will be transmitted to the WIPO General Assembly, which will meet from 23 September to 2 October 2013. The General Assembly will take stock of progress made and decide on convening a diplomatic conference. According to IP Watch, most participants agreed that progress has been achieved on cleaning up the text, although consensus has not been met on core issues. Three additional texts that were tabled by groups of developed countries, including two recommendations on genetic resources and associated TK, and on the use of databases for TK protection, and terms of reference for a study on the merits of mandatory disclosure requirements, were rejected by developing countries as attempts to side-track negotiations on the draft articles.

WIPO IGC 24 was preceded by a three-day indigenous expert workshop, co-organized by the WIPO Secretariat and the UN Permanent Forum on Indigenous Issues. The workshop provided valuable input to the preparations of the indigenous representatives during the session. IGC 24 then began with an indigenous panel, which focused specifically on the perspectives of indigenous peoples with respect to their right to maintain, control, protect, and develop their intellectual property over traditional knowledge. The WIPO Voluntary Fund for Accredited Indigenous and Local Communities funded two indigenous and local community participants at the session. IGC participants were reminded however by the Chair and the Secretariat that the Voluntary Fund is in dire need of new contributions. WIPO IGC 25, which will address the theme of traditional cultural expressions, and provide an additional three days for stock-taking, will take place from 15-24 July 2013.

Read the IGC 24 update by the WIPO Secretariat … Read the meeting’s documents … Read the meeting’s decisions … Download the revised draft articles on TK [pdf] … Read the IP Watch article of 28 April … Read the IP Watch article of 26 April … Read the IP Watch article of 24 April …

 

This week in review … WIPO members meeting to negotiate protection of TK

Protecting Traditional Knowledge: WIPO Members Back to the Drafting Table
IP Watch, 22 April 2013

GENEVA, SWITZERLAND: The 24th session of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), held from 22-26 April 2013, is working on draft articles on the protection of traditional knowledge, in particular the provisions on the subject matter of protection, beneficiaries, scope of protection, and limitations and exceptions. Substantial work needs to be done on the draft text, and developing countries generally favor a legal binding instrument while developed countries would prefer a softer instrument. The meeting will also address a joint recommendation on genetic resources and associated traditional knowledge submitted by Canada, Japan, Norway, the Republic of Korea and the US, focusing on the prevention of erroneous patents, as well as a joint recommendation on the use of databases for the defensive protection of genetic resources and traditional knowledge associated with genetic resources, submitted by Canada, Japan, the Republic of Korea and the US. IGC Vice-Chair Alexandra Grazioli from Switzerland presented the work plan on Monday, 22 April, with the week alternating closed-door informal drafting sessions and plenary sessions to report on progress.

An informal preparatory meeting convened last week by South Africa in Pretoria, aimed to explore basic issues, such as “what does the protection of IP means in WIPO generally,” or why the discussion on the protection of TK is taking place at WIPO and not in the Convention on Biological Diversity or other organisations. Participants also looked at issues such as whether IP protection is relevant to TK, and whether a conventional IP or a sui generis system is preferable for TK. Read the article … Visit the WIPO IGC 24 website … Download the draft articles on TK [pdf] …

 

Resource: WIPO briefs on IP and traditional handicrafts, traditional medical knowledge

Intellectual Property and Traditional Handicrafts
WIPO Background Brief no. 5, April 2013

This brief identifies practical, accessible and often community-based means of using the existing intellectual property system for the effective recognition, protection, management, marketing and commercialization of traditional handicrafts as cultural and economic assets. Download the brief [pdf] …

Intellectual Property and Traditional Medical Knowledge
WIPO Background Brief no. 6, April 2013

This brief focuses on IP protection of traditional medical knowledge; it does not deal with the associated genetic resources, which cannot be directly protected by intellectual property but are subject to access and benefit-sharing regulations. The brief presents legislative and practical options for protecting traditional medical knowledge through conventional IP rights, sui generis systems and documentation, as well as other options including customary laws and practices, and contractual agreements.  Download the brief [pdf] …

 

Meeting prep: WIPO IGC 24

WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore: Twenty-fourth session
22-26 April 2013 (Geneva, Switzerland)

At its 24th session, the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) of the World Intellectual Property Organization (WIPO) will continue negotiations on an international instrument/instruments, on the basis of the draft articles on traditional knowledge. The theme of the panel of indigenous and local communities will be: “Indigenous Peoples’ Perspectives on “… the right to maintain, control, protect and develop their intellectual property over … traditional knowledge…” (Article 31, UN Declaration on the Rights of Indigenous Peoples). Visit the meeting’s website, including meeting documents …

 

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] …