Traditional Knowledge, Genetic Resources and WIPO
By: Aroha Mead (CEESP Chair)
The World Intellectual Property Organisation (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) completed its 30th session May 31st. An Indigenous Panel took place on: Intellectual Property, Genetic Resources and Associated Traditional Knowledge: Sharing Indigenous and Local Community Experiences and Perspectives. CEESP Chair Aroha Te Pareake Mead delivered the keynote presentation and the respondents were: Mr. Willem Collin Louw, Secretary of the Khomani San Council, South Africa, Member of the Provincial House of Traditional Leaders, Upington, South Africa; and Mr. Alancay Morales Garro, Member of the Brunka peoples, Costa Rica; Kus Kura el Leon Sociedad Civil, Costa Rica. Presentations are available here. The CEESP Chair also spoke during the Roundtable discussion on: Databases and other Defensive Measures relating to Genetic Resources and Associated Traditional Knowledge. Ms. Mere Falemaka, Permanent Representative of the Permanent Delegation of the Pacific Islands Forum to the World Trade Organization (WTO), moderated the roundtable. All presentations and video on demand are available online.
Photo: WIPO
Discussions at the IGC-30th session centred around a list of outstanding issues which included, inter alia;
- Policy objectives - Efficacy and transparency, whether misappropriation should be retained in the text (and if so, how it should be defined), Complementarity/mutual supportiveness with international agreements and Prevention/minimization of “erroneous” patents (what is appropriate term)
- Subject matter - Should the instrument apply to: Any IP rights or only patent right, in addition to genetic resources, should the instrument also apply to: Derivatives and Associated TK/TK associated with genetic resources
- Disclosure requirement - Content of disclosure, Origin and/or source of the GRs, Information regarding compliance with ABS requirements including PIC, Exceptions and limitations, IP/patent subject matter eligibility for GRs and/or derivative as found in nature or isolated there from consequence of non-compliance
- Defensive measures/No Disclosure - Consideration of the need for additional due diligence measures/systems
- Databases - Databases as defensive measures or supplementary measures to a disclosure requirement, Safeguards for TK that is widely held and/or publicly available, Burden on traditional knowledge holders and member states
For a full list of outstanding issues still to be considered read: WIPO/GRTKF/IC/30/5
The WIPO-IGC negotiations have come to a grinding halt as it is clear that some countries do not want an international legally binding Treaty on this subject matter and are not acting in good faith in that while they have no intention of agreeing to any Treaty that might come out of this process, they are also doing all they can to stall progress and water down text. What was most surprising to me was the realisation that whereas the IGC was set up with the express purpose of responding to calls to protect indigenous knowledge and genetic resources, discussions had free flowed into a space where some countries were considering limiting the IGC’s work to genetic resources thus excluding Traditional Knowledge.
It is important that indigenous experts and knowledge holders re-engage in the IGC process. Indigenous participation is at an all-time low and given how important these issues are to indigenous peoples it is critical that a strong indigenous presence and voice(s) is visible and able to influence the direction negotiations take in the future.
Aroha Te Pareake Mead, CEESP Chair (5 June 2016)
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