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IGC Makes Headway in Clarifying IP Aspects of Traditional Knowledge and Cultural Expressions

Geneva, December 18, 2002
Press Releases PR/2002/335

The fourth session of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), held in Geneva from December 9 to 17, 2002, moved forward in clarifying policy issues and practical tools for protecting traditional knowledge and cultural expressions. The IGC discusses intellectual property (IP) issues relating to access to genetic resources and benefit-sharing, traditional knowledge (TK) and innovations; and traditional creativity and cultural expressions (folklore). It combines policy debate on a range of pressing current issues in the field of IP, with the development of practical tools and mechanisms for TK holders, custodians of traditional culture, and indigenous and local communities, to identify and promote their interests in relation to the IP system. Highlights of the meeting include:

Genetic resources and benefit-sharing:

The IGC approved the launch, as a pilot project, of a new on-line electronic database of contractual practices and clauses relating to intellectual property, access to genetic resources and benefit sharing (https://www.wipo.int/globalissues/databases/contracts/index.html). In practice, the conditions agreed at the point of access to genetic resources often determine how IP can be used as a means of equitably sharing benefits from the use of these resources. The database is intended to provide a means of promoting understanding about the range of approaches that have been taken concerning IP and genetic resources, and may be used as a practical tool for providers of genetic resources who are engaged in negotiations concerning use of their resources.

The IGC gave initial consideration to a draft study, prepared at the invitation of the Conference of Parties of the Convention on Biological Diversity (CBD), on disclosure requirements in patent applications related to genetic resources and traditional knowledge. The draft study reviewed patent law provisions on disclosure relevant to genetic resources and associated TK, and isolated some key issues, as the basis for further study and discussion.

Traditional knowledge and innovations

The IGC deepened its study of legal measures for protecting TK both through existing IP protection systems, and under distinct TK or sui generis systems - in other words, systems specifically designed to identify, protect and promote an IP right in TK. The discussion explored national experiences with TK protection, and considered the possible characteristics of sui generis systems for legal protection of TK.

Communities in many countries are undertaking a range of programs involving documentation of their TK and associated biological resources - these are established for a host of reasons, including to preserve TK for future generations. But this can fuel concerns that the very process of documentation can undercut the interests of TK holders. Unless the right steps are taken in advance, documented TK can more readily be accessed, disseminated and used without authorization, for instance contrary to customary laws and practices. Reflecting these concerns, the IGC approved the further development of a toolkit for managing the IP implications of documentation of TK and biological resources. This should heighten awareness of the need to ensure that documentation does not lead to an unintentional loss of rights or of control over TK. The toolkit should clarify practical options for documentation that do not necessarily place the documented material in the public domain, when communities wish to retain control over it and limit access, for cultural, spiritual, legal or commercial reasons. Governments, intergovernmental organizations and a range of NGOs have all provided input into a draft toolkit, which will be further considered by the IGC at its next session. This will also facilitate the exchange of practical experience between traditional knowledge communities.

Protection of expressions of traditional culture and creativity

WIPO's work on the legal protection of expressions of traditional culture and creativity (or folklore) has moved to a detailed, practical phase, reflecting the request of the IGC at its last session. This has included (i) helping with the establishment of effective national and regional systems for folklore protection, and (ii) development of a "WIPO Practical Guide on the Legal Protection of Traditional Cultural Expressions" for publication in 2003.

The IGC reviewed a range of legal approaches - using current IP rights as well as sui generis systems - for protecting folklore, and a series of information materials (presentations on national and regional experiences and background studies). The IGC discussed a detailed study on legal protection of folklore which analyses current IP rights and sui generis options as the basis for in-depth policy discussion. This material is also used in technical cooperation work and practical programs for legal protection of folklore. The WIPO secretariat also reported on a wide range of requests for WIPO's assistance with folklore protection over the past two years. The next IGC session will consider further the possible development of model provisions for national laws and the international protection of traditional cultural expressions.

The debate within the IGC is deepening with further clarification of the legal concepts concerned, and is setting them into a concrete practical context. The next IGC meeting in July 2003 is expected to consolidate accomplished tasks and delivered products of the Committee, draw concrete conclusions and make recommendations for consideration by the WIPO Assembly in September/October 2003.

The IGC, established by the WIPO General Assembly in October 2000, is open to all member states of WIPO. Other United Nations member states, intergovernmental organizations and accredited non-governmental organizations (NGOs) may participate as observers. Some 175 accredited NGOs can take part in the IGC, including 72 NGOs especially accredited by the IGC to take part in its work, a number of which represent the specific interests of indigenous communities and TK holders. The IGC requested the secretariat to develop a study on ways of enhancing the participation of local and indigenous communities in its work.

For further information, please contact:

Tel: + 4122-3388161/3389547
Email: publicinf@wipo.int
Fax: +4122-3388810

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