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Summary of IGC 43

June 7, 2022

WIPO’s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) concluded its 43rd session on June 3, 2022. It addressed genetic resources.

An ad hoc expert group on genetic resources met on May 29, 2022, to address specific legal, policy or technical issues. It was chaired, in his personal capacity, by Mr. Paul Kuruk (Vice Chairman, Ghana International Trade Commission, Ministry of Trade, Ghana), who reported to the IGC plenary on the results of the ad hoc expert group’s work.

IGC 43 was chaired by Ms. Lilyclaire Bellamy of Jamaica, with Mr. Jukka Liedes of Finland and Mr. Yonah Seleti of South Africa as Vice-Chairs.

Plenary on Agenda Item 6 (“Genetic Resources”)

On Agenda Item 6, the plenary began with discussion of future working methodology. There were divergent views on the way forward, including on whether the Consolidated Document Relating to Intellectual Property and Genetic Resources (WIPO/GRTKF/IC/43/4) and/or the Chair’s Text (WIPO/GRTKF/IC/43/5), should be the basis for negotiations on genetic resources. Some members consider that the Chair’s Text should be the basis for the Committee’s negotiations on genetic resources and the basis upon which a Diplomatic Conference should be convened, while others disagree.

The IGC requested Mr. Paul Kuruk (Ghana) to act as a “Facilitator”. Following the discussions of the ad hoc expert group, and the discussions at the IGC’s plenary, the Facilitator presented to the plenary a Rev. 1 of the Consolidated Document Relating to Intellectual Property and Genetic Resources on June 1, 2022, and a Rev. 2 on June 3, 2022. However, the Member States were unable to reach consensus on transmitting Rev. 2 to IGC 47. It was decided to transmit the text in the annex to document WIPO/GRTKF/IC/43/4 to IGC 47, in accordance with the Committee’s mandate for 2022-2023.

The IGC Chair was invited, taking into account comments, to revise the Chair’s Text as contained in document WIPO/GRTKF/IC/43/5, while maintaining its integrity as the Chair’s Text, for IGC 47.

It was also decided that the WIPO Secretariat should conduct various virtual activities on information systems and possible disclosure requirements, and report to the IGC on them.

Discussion on Agenda Item 7 (“Possible Recommendations to the 2022 General Assembly”

The mandate of the IGC for the biennium 2022/2023 provides that IGC 43 may make recommendations to the General Assembly in 2022. After informal consultations at the plenary, the plenary agreed on recommendations to the 2022 General Assembly.

The decisions and all the documents of the session are available online.

Indigenous peoples’ and local communities’ participation

WIPO facilitated a preparatory meeting of the Indigenous Caucus (the meeting is referred to as the “Indigenous Consultative Forum”) on the Sunday before the session began, May 29, 2022, in a hybrid format. Additionally, the Indigenous Caucus organized daily meetings during the session, and also separately met with the IGC Chair and with Member State delegates. The WIPO Secretariat continued to fund secretarial services (secretariat, interpretation and translation) for indigenous peoples and local communities at the session, provided by the Documentation Centre for Indigenous Peoples (Docip).

Indigenous panel

An indigenous panel, which addressed “Intellectual Property and Genetic Resources: Views of Indigenous Peoples and Local Community Youth”, was held on Monday morning.