[[transcripts generated automatically by WIPO speech-to-text]]
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Good mining everybody, have been running and I am not fits I am out of breth. Okay. So I hope everybody had a good evening and I must apologize for
Our late start, we were actually in a meeting and I did not realize it was so late so my apologies, okay, this morning, today is a 31 st of me, the end of me, so Tomorwise
That June so that is the wedd in month that home and I am sure in a number of jurisdictions, but we are here at the IGC, okay, breadcard, okay, I recall
That I consulted with the regional coordinators on the work in methodology for this session to we are talking about a present session that were in which is the same
The same methodology that we have used in previous IGC sessions is what we are going to be having in this session, according to the mandate, this session is
Should undertake negotiations on genetic resources with a focus on addressing unresolved issues and considering options for a draft legal instrument for
A revised version of document WIPO/GRTKF/IC/43/4, consolidated document related to intellectual property and genetic resources
We will be produced, a Rev 1 will be prepared and presented by Wednesday morning, thus tomorrow, time will then the given for comments and further suggestions
Including textual proposals. A Rev 2 will be prepared at presented by Friday morning and time will be given for general comments which would be included in the record.
The plenary will be invited to no rev 2 and transmitted to IGC 47 as it is subject to corrections of obvious technical errors and omissions.
Work under this agenda item will begin in plenary, you will then be invited to provide comments on the key issues which are introduce and the plenary will remain the decision-making body and its
Discussions will be reported on as usual. I may continue informals when appropriate as in previous IGC sessions. I know proposed pull Cruok
From Ghana as a facilitator, and I will invite pall in his capacity as a facilitator to join us here at the headable. He will assist the informals by following the discussions closely
And keep in track of views, positions and any proposals, including drafting proposals, he this is paul may also take the floor and make proposals.
He will review all the materials undertake drafting and prepare the revisions of documents WIPO/GRTKF/IC/43/1.
I know invite the proponents of documents WIPO/GRTKF/IC/43.
WIPO/GRTKF/IC/43/9 and WIPO GRTK/IC/43
Last 10 to introduce their proposals. So first time invite the delegation of the United States of America to introduce document 43/A. United States of America, you have the floor.
Thank you, Madam Chair, the United States is pleased to introduce document 438 entitled the economic impact of patent delays
And uncertainty, US concerns about proposals for new patent disclosure requirements, this document is relevant to disclosure requirements and the IGC's mandate
To use an evidence-based approach in its consideration of national experiences within Intellectual Property and Genetic Resources. This document was first introduced in June
Of 2018 at IGC 36 and it a sense been updated to incorporate findings of the report on the economic impact of disclosure requirements in patent applications
For Genetic Resources based innovation commissioned by IFPMA and crop life international. The report investigated disclosure requirements
In two large emerging economies, if found that these disclosure requirements caused an average period of delay of four years for patent applications in the seed and pharmaceutical
Industries. The US paper analyses the impact that disclosure of work requirements would have on research and development in the field of biotechnology and farmers
Suit goals due to uncertainties, they would introduce into the patent system and it is based on recent peer reviewed economic studies, as we have previous
We mentioned this paper considers the effect of patent review delays on business growth, including employment and seals growth for start-ups, along its findings are that
Each year of patent review delays would reduce employment growth for start-ups by an average of 19.3% and sales growth by an average of 28.
4 per cent over five years following a first action decision on a patent deplication. The paper considers legal uncertainty interduced
By disclosure requirements, which might encourage companies to forgo patent protection in favour of weaker or non-disclosed forms of protection such as trade secret
Or worse yet companies may have less incentive to innovate and instead, rely on research done by others. In new disclosure
Those requirement could lead to legal uncertainty in granted patents which can affect affirms overall market competitiveness, including having affects
On licensing, research and development investment and litigation, the United States as significant economic-based concerns about proper
Holdsals for new disclosure requirements that are under consideration by this Committee and we urge Member States to exercise caution when exploring these proper
All those. We invite the Committee to give careful consideration to this paper. Thank you, Madam Chair. I thank the distinguished delegate from the United States of America and I now open
On the floor for comments. I recognize Japan. Thank you, Madam Chair. So the Delegation of Japan Drake to express its up
Appreciation to the Distinguished Delegates of the United States for providing the working document, the economic impact of patent data and uncertainty. At indicated in the document, the introduction of the mandatory disclosure requirement
We would result in the delay of the patent grant process and create uncertainty for patent applicants, also the mandatory disclosure requirement might hinder the healthy growth of industries, utilizing GRs
In emerging and developing countries both now and in the future. The delegation of Japan share the common concern within the US delegation. We have had several consultations with Japanese industry members
Regarding the introduction of the mandatory disclosure requirements. They said that they will direct and to use gender resources of countries that impose stringent ABS regime and disclosure requirements, as there as to
By patent applications for its outcome. This is a good situation for all the parties concerned. The analysis based on the objective data shown in this document is highly useful to advance
The work of this Committee. In addition this document shed rights on the influence of disclosure requirements on start-up companies. Since supporting set up companies is critical for emerging and development
In countries, as well as developed countries, this delegation believes that it also offers all Member States valuable insight for that highly important aspect. As clearly is
The IGC mandate, the importance of an evidence-based approach has been recognized by many Member States, also such an evidence-based approach might be useful in moving the current stalemate of the
The Delegation of Japan remains committed to contributing to constructive discussions in this Committee in evidence-based manner based upon the valuable relations of the end from the details analysis shown in the document.
Thank you, Japan. I see no for the request for the floor, so I now invite the distinguished delegate
From the United States of America to introduce document 43/9. Thank you better Chair. United States.
Is pleased to introduce document 43/9 entitled Joint Recommendation on Genetic Resources and associated Traditional Knowledge, which is co-sponsored with the delegations of Japan, Norway and the Republic of
Korea, we believe that this document could help this Committee to move forward on key issues concerning genetic resources and associated traditional knowledge. This proposal
I would promote the use of opposition systems to allow third parties to dispute the validity of a patent, the development and use of voluntary codes of conduct and the exchange of access
To databases among other things, in order to prevent the erroneous granting a patents for inventions based on genetic resources and associated traditional knowledge.
With respect to voluntary codes of conduct, we note that a number of pharmaceutical and biotechnology inventions, including life-saving medicines by of fuels.
And agricultural products, you will utilize compounds that are derived from nature and some of these include associated traditional knowledge, we also note
That many companies have established guidelines and rules for proper while prospecting, we would like to continue our discussion on this proposal this proposed joint recommendation because we believe it captures
Key objectives and facilitates the establishment of effective mechanisms for the protection of traditional knowledge associated which an etc resources, we invite other delegations
To express their views on this proposal and we welcome additional co-sponsors, we look forward to our continued discussions on this proposal. Thank you, Madam Chair. I thank the distinguished delegate
From the United States of America and I know in by comments, I see Japan, the Distinguished Delegate from Japan, you have the floor. Thank you, Madam Chair,
The Delegation of Japan would like to thank the Distinguished Delegates of the United States for their explanation. Japan as a cosponsor of this proposal supports the joint recommendation on Gentic Resources and associated TK.
Japan believes that this recommendation can be a good basis for our discussion on the issue regarding Gentic Resources and associated TK. We acknowledge that there are two divergent approaches in addressing the Mr. Proper
Reaction of genetic resources and associated TK, namely so-called defensive measures that are mentioned in the recommendation and the disclosure requirements regarding the source or origin objective resources and associated
There have been disagreement in the necessity of introducing such disclosure requirements. On the other hand, we believe that they are the broad consensus among Member States regarding the usefulness
Of the defensive measures, which in our view do not remit the policy space of each Member States. In other words, it does not prevent each Member States to introduce disclosure requirement in their jurisdiction
While respecting the decision of each Member States not to introduce disclosure requirements, therefore it might be useful to proceed with the discussion on the areas where consensus is likely to be reached.
The Delegation looks forward to continuing discussion on this year. Thank you, Madam Chair. I thank the Delegate from Japan for the intervention, I now invite that this
Distinguished Delegate from the Republic of Korea. Thank you, Madam Chair, as a Consupensor, the Republic of Korea believe that the most effective form of protection of the GL
And TKHL in the patent system is to prevent erroneously granted patent, which it can be addressed through the establishment and use of a databated systems in this context.
The delegation of the Republic of Korea also would like to support the recommendations 43/9 proposed by the delegation of the United States of America. Thank you, Madam Chair. Thank the Distinguished
Delegate from the Republic of Korea, I now invite the Distinguished Delegate from Nigeria to take the floor. Thank you, Chair,
The delegation of Nigeria has the question and that is to say after all the deliberations we had yesterday and there was an issue regarding the Chair's text
Madam Chair, you have not told us what is the intention with regard to Chair's text, you have only rule that you are going with a consolidated text and that is not in my view a reflection of the opinion of majority of Member States
Yesterday. So it will be nice before even that going into the whole process to be clear with us, what intend to do with the Chair's text, please, thank you.
I thank you for your intervention
I am going in by the Declaration of Japan to introduce document 4/310.
Thank you, Madam Chair.
The Delegation of Japan is pleased to offer a belief explanation of document WIPO/GRTKF/IC/43/10. A joint recommendation on the use of database for the defensive protection of Gentic
Resources and TK associated with GRs. Our recommendation consists of two pillars, first to encourage the creation of national databases in each Member States and second
To create the WIPO portal to ring national databases as illustrated in figure one of this document. Regarding the first point, we acknowledge that large number of databases relating to genetic resources and associated
Have already been established in various countries. They are approved that many Member States recognize the usefulness of such databases and we believe that there is a broad consensus on this recognition in the past
IGC discussions. Having said that we would like to emphasize that it is up to each Member States to decide whether to create such a national database as well as which information would be registered.
And accessibility to the databases also in making such decisions it is essential to consult with indigenous peoples and local communities. The standardized format of the data to be registered
Technical standards to enable access and lead between different systems and appropriate safeguards should be discussed by Member States together with the WIPO Secretariat and indigenous peoples and local communities.
Addition, developing countries that would face difficulties in creating such a database should be able to utilize WIPO technical and all financial assistance were appropriate.
Regarding the safeguarding of the system, we would like to briefly respond the concern raised by indigenous peoples and local communities, this delegation would like to pointed that the national database should contain
Or reference material concerning gentic resources and associated non-secred TK, while also preventing in appropriate access to its content by unuslized users. Therefore, the legage of registered
UK would not be to the loss of the secrecy of the TK, also access to the database could be restricted to the examiners of IP offices and all rights users.
And thereby not encourage the unusual use of such TK. Next regarding the second point, the core part of our recommendation, we would like to explain the benefits of WIPO
Creating a poorer size to connect existing national databases. As indicated in this document, a central centralized one click database could help to simplify such procedures as well as
More comprehensive such as by covering the content stores in national databases. We would like to emphasize that such a wanklick database will enable patent to examiners to make efficient such as for relevant prior art
Among thousand own patent documents and non-patent regional job. In this regard, WIPO's patent scope or WIPO case could be a good difference for such a portal side.
If it is technical possible to achieve such assistance by extending the function of patent scope or WIPO case, it will be worth pursuing. In addition, if WIPO is established on database or
On information system, Member States that are unable to create their own databases could also provide WIPO with information on their identic resources and associated TK and could register
Such information directly in WIPO system. Lastly, Madam Chair, there are several issues to be considered in the future as mentioned in paragraph 18 and 19 of this document. Japan hope that
Further discussions at the IB fee, we hope us to take steps towards the realization of this Apoke making proposal. Thank you, Madam Chair. I thank the Distinguished Delegate from Japan and I
The Distinguished Delegate from Egypt has requested the floor. Shukron said the Royosa, Felbidaya
أه أريد أن أبدي دهشتي بعبارة فأقول ما أشبه اليوم بالبارحة هذا الحديث عن تلك
دراسات الثلاثة أو الأرباع زي ما يكون العدد أه سبق لنا أن ناقشناه ف- أن عرضت في هذه القاعة وأبدينا رأينا فإن الأمر بالنسبة لنا لا يتعلق بدراسات.
نحن هنا لكي ننجز سق قانوني يتعلق بتوفير حماية متوزنة للموضوعات محلت سق أو الشقوق ولسنا هنا لكي ندرس أو نعمل أو رشمكا
أنا كرجو الأمارس لهذا العمل من الربعين سنة لدي دراسات كثيرة جدا فأنا أدرس للدراسات العليا في مجال الملكية الفكري يمكنني أن أشغل بال هذه اللجنة الموقرة بعشرات الدراسات.
لكن الأمر ليس يتعلق بهذا إطلاق أه أنا أضم صوت إلى مندوب ك- أه نيجيريا الموقر بشأن نحن أمام حالة عدم يقين الآن ماذا سوف نفعل أه الآن السعتك
طرف من الحادات عشرة ولم يبقى لنا إلا ثلاثة أيام ونصف فقط أه لكي ن- أه تنتهي ولايتنا فيما يتعلق بالموارد الورسي.
Measas often, Haldain Robav in Gustsock I would like that Ladina has a housseware, Chucron. I thank you
Egypt, I invite the Distinguished Delegate from the United States of America to take the floor. Thank you better Chair. We support the comments made by the delegation of Japan regarding
Document 43/10. As a cosponsor of the proposed joint recommendation and the WIPO Portal, we view this proposal as a valuable contribution to
To the IGC's work to develop an international legal instrument or instruments for the effective protection of genetic resources and associated traditional knowledge, a current mandate
Requires that we use the contributions of Member States as a basis for our work, I think this is especially important in light of the comments that were just made. This proposal
The US proposal carries forward the Committee's work on the documentation of prior art which started as early as the first IGC document 436 elaborates on the Ex
Tensive work of the Committee on Genetic Resources and associated traditional knowledge databases and the integration sense that time, this proposal, the US proposal also helps to address
The US cosponsor proposal also helps to address the numerous concerns that have been raised in this Committee relating to the erroneous granting of patents, the United States looks forward to discussing and
Finalizing the WIPO Portal proposal, we invite other delegations to provide their comments. Thank you, Madam Chair. I thank the Distinguished Delegates of the United States for that in Feb
I see a number of requests for the floor, but before I take those I need to address an equivory indulgence to address the intervention.
The Distinguished Delegate from Nigeria regarding the Chair's text, the Chair's text forms a part of the working documents of the Intergovernmental Committee.
As such it remains a working document, a document that the Chair in this instance and the Chair will continue to hold a pain on in that regard, I invite Member States.
And groups to share any comments and recommendations to me with a copy to the Secretariat at WIPO GRTKF at WIPO dot INT.
As these comments and recommendations will be incorporated as necessary. I will just remain all of us that the agreed
Methodologies that we use the consolidated text, however, that does not negative you sharing your comments and recommendations regarding the chiristics with me and the Secretariat for us to incorporate and to use those sites
Note in that. I know invite the Distinguished Delegate from South Africa remotely to take the floor.
You, Madam Chair, the two proposals that is pleasure on the table from
US and sponsored by Japan and in Korea are totally irrelevant to the discussions on the table, we are not talking about means now we are talking about textual changes
In terms of negotiations, the first proposal by the US, there is no scientific base scientific analysis on the text regarding the establishment of poters
Would like to bring to the table that what Japan is now proposing is going to put an enormous financial burden on developing countries to
I know invite the Distinguished Delegate from the Republic of Korea today the floor.
Thank you, Madam Chair, we support the recommendation 43/10 proposed by the Japanese Delegation, we would like to reiterate we believe that
The establishment and the use of the ativate system to prevent erroneously granted patent and the use of the opposition measures will be an impactive and efficient form of promoting the protection of the GL and the TKGL in
I know the Distinguished Delegate from Switzerland to take the floor.
Thank you, Madam Chair, the Swiss delegation would like to thank the Delegation of Japan for reintroducing the joint recommendation on the use of databases for the defensive protection of GRs and 8TK.
We would like to use this opportunity to briefly draw the attention to our submission that we made during last IGC session, the submission WIPO/GRTKF/IC/42/12.
Where actually we see value in having an international gateway or portal which would facilitate patent examiners to the instrument to find relevant national databases
On year and they TK to verify prior art in our view such an information system could, of course, also serve a second purpose, namely to facilitate the implementation of national patent disclosure requirement.
So basically each party to the instrument would then recognize that the information that is provided in a first filing patent office so that
This would be recognized also by other parties to this instrument as being sufficient for disclosure, we do not go into details but I encourage again other delegations to read our proposal so that
That basically it is linking patent disclosure requirements to the information system as well. So it is not mutually exclusive. Thank you. I thank the Distinguished Delegate France, Switzerland, the further.
Intervention, I see no more request for the floor. Okay.
We have heard the report yesterday of the ad hoc expert group, which was quite useful, I would like to invite the Delegates to provide comments on some key issues.
Take it into account the discussions and suggestions under advice that the ad hoc expert group provided. There are two broad approaches incorporated within
The work in documents, disclosure requirements and information systems in relation to disclosure requirements, some Member States support the inclusion of
Disclosure requirements, while some do not, after here in the report of the expert group, I think the key issues relating to disclosure requirements are in addition to patent
Tends should the instrument also apply to other Intellectual Property rights. What should trigger disclosure, what should be the content of disclosure input
Should it make reference to information regarding compliance with access and benefit Chair and requirements, including prior informed consent. What should be the sanctions
And remedies should non-compliance affect the validity of a granted patent and if so what would the promissible condition for revocation B
Especially taken into account that an administrative mechanism is included, aside from revocation, what other options are there, the floor is now open for
Come it.
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Okay. No comments so we move on. There are also seemed to have been a broad view among the Member States that regarding information systems that whatever their approach, a disclosure,
Are not that they have a key role to play in relation to the Intellectual Property and the patent systems and genetic resources. Unfortunately, as you heard yesterday from
Paul, when he give the report. The extra group was unable to address the issue due to a lack of time, so no I am going to invite the Delegates.
To provide comments on the establishment and functioning of information systems such as minimum interoperability standards and structures of information systems contained.
Principles and modalities related to the sharing of relevant information related to genetic resources and associated TK.
The type of legal or technical protection, if any afforded to the information included in the system, the responsibility for establishing and maintaining such information systems
The involvement of various stakeholders in the establishment and maintenance of genetic resources information systems, its interoperability with other information systems both
Nationally and internationally and the management of rights pertaining to the information systems, so I open the floor for any comments on information system.
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I invite the Distinguished Delegate from Mexico to take the floor.
En relación a los sistemas información y bases de datos, nosotros pensamos la delegación de México considera que esta este tema es importante
Es el punto de vista de que sean compatibles los sistemas de información que vayamos elaborar en las diferentes regiones o en los diferentes Estados Miembros
A fin de que curran las necesidades de las oficinas de patente para expresar una resolución sobre un caso particular
Pero que también sean consideradas las necesidades de los grupos indígenas y de los titulables de los derechos en la conformación de estos
Entonces croque hay ya la vista una serie de elementos, incluyendo este el hecho de que no pudieron ser revisados en la reunión de expertos
Que dan pie a pensar que sería importante que un grupo se dedicara a trabajar sobre de técnicos altamente qualificados
Se dedicara a ver cómo se pueden alcanzar estos objetivos de interconexión entre los sistemas para tener un solo sistema armónico para
Este proceso y que tenga en cuenta los puntos de vista de los titulares de los derechos y también de las oficinas de patente.
I thank the Delegate from Mexico, I invite South Africa remotely to speak.
Игорь михайлович
This regard this Chair takes, but now all of a certain we are discussing elements of the
Chair takes, the second issue on information systems are the position of South Africa is very clear that introducing a provision on information system is going to
Can have transactional burden on Member States in Africa, share coming back to the procedural issue, I think this is now becoming a future and fruitless
I think I think the discussions must not be now whether we moving towards a consolidated takes or the chistics because
Seems it seems Member States are now in a quandy as to as to which text you are referring to you are dispensing the consolidity takes but you are introducing
Are provisions of the chastakes, so in a bit in a quartmaia as to where this process is going
Thank you for your intervention, South Africa, the consolidated text deals with the issues that have been raised and as I articulated earlier, the Chair's text is a working document of the IDs.
So information in the Chair's text can be dealt with, but the consolidated document is the consolidated text is the agreed working document as
Outlined in the mandate of the IGC that does negative persons having comments or recommendations or suggestions as it relates to the Chair's text which will be considered and taken on board.
That does a negative us discussing and you will recall that the consolidated text deal with the issues that were raised and placed earlier for discussion,
By the plenary, so I am not quite sure the nature of the comment because we have open the floor for discussions on matters that were raised at the expert group
Form information in the consolidated text and which also are included in the juristics.
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You have the floor.
I think the basis of the comment made by South Africa is based on the comments that emanated out of yesterday's deliberations where the with
Who insisted on bringing back the consolidated text, and I think the relevance of today's question is based on the clarity that we need to know which text
Negotiating on, I will negotiating on the Chair's text, I will negotiating on the consolidated text because we cannot negotiate on both.
Thank you for your comment South Africa, as I mentioned earlier, we are working within a framework and as was asked
Articulated yesterday in my opening remarks. There is something rules and procedure which guide the operations of the IGC so we adhered to those rules and procedure.
There are several working documents for the IGC included among those are the Chair's text and the consolidated text, the consolidated text as agreed by the General Assembly where we would look to narrow the gaps
In that document that is a document that we work with as the consolidated text, however, as I mentioned earlier that does not negative us have in a discussion on the Chair's text.
As I indicated any comments or recommendations as it relates to the Chair's text, I will take on board and I ask that you copy those comments or recommendations also to the Secretariat so that we can meet the necessary
Their changes and amendments to the Chair's text, but the consolidated text is the document that we are working on as the agreed text of the IGC, but that does not negative
The fact that the Chair will still work on the Chair stick and that is our work in document and it is the intention to have both documents that we operating until we have full consensus, thank you.
The
Thank you, Madam Chair, make these comments on behalf of TEB.
Guess again part of the quandery as we seem to be now estimate comments on kind of thematic issues which we have covered quite a bit and we are not actually.
Have the text in front of us that we are going to be negotiating on, I mean we have some very big concerns even the title of the joint recommendation on the use of databases contains the word defensive protection
We have consistently from the Indigenous Caucus and from TEBTEBA and others are guted that we believe that we need to consider positive protections as well and so the title of the document
Presupposing the nature of these information systems in the information contained and then which we think is a core issue of this Committee, why we have come together here in the first place why the mandate was created.
So by saying defensive protection is opposed to believing an open ended as to whether its defensive repositive is a real deep problem for us. The other thing we need understand is in this new
This process, on forwarding our suggestions, are we do understand that the Indigenous Caucus and others can submit text to the Chair's text to the Chair directly
So, how does it need the support of a party in order to or a member to go forward or is that something as the Chair's text something that can be informal evolving and corporating ideas
Again if we are doing that outside of plenary that also creates these procedural issues. Thank you for that intervention. Regarding the Chair's text
Submissions can be made directly to the Chair and I would encourage persons who are making in suggestions to also copy the Secretariat so you can make suggestions.
Now give the floor to India remotely.
Delegation would like to inform that information systems are crucial to all the IP protection systems in the case of all forms of Intellectual Property we have
Eval in terms of the technology involved, we are continually enlaring the coverage of data in such IP information assistance, hence we are of the view that
Information system in the context of the protection of GI shall also follow the same process, it can evolve in due course the process of creation of databases need not delay the finalization of the
The Delegate from India for that intervention. I just like to make another point here.
In terms of comments are recommendations on the matters on the table know, any comment our recommendation that is made as regards the consolidated text, parly in its role as facilitator will take those
On board, any comments our recommendations as a relates to the Chair's text, I will take those on board and incorporate them as necessary, so we are working in parallel streams, but we are working
On the same issues, so I would encourage persons with any recommendations are comments to make them and you can indicate whether it is specific to the consolidated text or if it is to the Chair's
I recognize the Distinguished Delegate from Canada.
Thank you, Madam Chair and good morning everyone, just for the sake of transparency because we can send these comments in as well to the Chair, just wanted to understand better
A notion of an information system, the question, veryone is there anything beyond databases which is trying to understand the scope of what an information system is something that that
Needs to be clarified I think because an information system what is the mechanism beyond creating a database and recognizing and appreciating the discussion earlier where
We spoke about having access through authorized users, et cetera, but in terms of the nature are when we speak about information systems are we just talking about databases.
Thanks for your intervention, Canada for the purpose and I appreciate that question, I would remind delegates
And perhaps so we have the coffee break it would be a country in time, but document 43/6 does speak to information systems. So we could look at that document
Commend that which would bring back to main what the information systems are. I know in some jurisdictions they have, for example, memory banks, where information is available than accessible in other ins
Their registries that retain the information, so they take different formats depending on the jurisdiction in which you are present, but we could also refresure members by looking at Doc
In 43.6. Thank you.
I see no other requests for the floor and I think it is ubs, yet there is Switzerland right under aware.
Thank you, Madam Chair, just very briefly appreciate the question posed by the distinguished colleague from Canada, indeed I think this are some really conceptual questions that we need to discuss from our person
Effective and raise this point also in the expert group, we need to look on whether we are talking about what can be done on an international level for an information systems of what will be the function and role of WIPO on an international level
And then how do we address databases at national levels, so what are the national database was is the role and function on that, that is one pointed we raised also in the expert group, there one is that also
Probably there is a difference when we talk about databases that contain information related to traditional knowledge and databases which contains information related to genetic resources in
Ticular if these databases will also be used to verify prior art. So we see some value in having that information related to TK while noting, of course, all the concerns expressed by the Indigenous Caucus
On that, so there needs to be sufficiently safeguards and there needs to be an involvement of indigenous peoples and local communities when establishing such TK databases on the other hand on the GR databases
There is still to us not so clear how this would actually be helpful in the work we are doing here but we are happy to hear from other Delegations how that would work. Thank you. I thank you.
Witzerland for that intervention. Okay. So I think it is a convening in time for us to have the coffee break. So
I would of Okay. South Africa reportly.
In your coffee break, I think I think the discussions and negotiations are being very circular as the
Delegate from the EU mention is I think from the South African perspective, we are very clear and in terms of the chest text is that it is now matured
We should now be talking about where the Diplomatic Conference is going to be held ham South Africa we are prepared to host the Diplomatic Conference
Thank the Delegate from South Africa for that intervention is that somebody, it is somebody in the room
Press, there are botten to request the floor, if you could raise your card so that we could identify, okay.
Muchas gracias señora Presidenta hablo en nombre del caucus de los pueblos indígenas a quien eligese cuarenta y
Los pueblos indígenas presentes en este comité formulamos en nuestra declaración inicial en el sentido de recomendar
Que el comité crea un grupo de trabajo sobre bases de datos de sistemas de información para crear recomendaciones para este comité con la participación plena y eficaz de los pueblos indígenas
Estamos de acuerdo en que las bases de datos pueden ser útiles como medidas complementarias pero sin las salvaguardas adecuadas implican un riesgo mayor para la propiación indebida
Uso indebido y daños de los pueblos indígenas, durante eligese 42 subrayamos tres principios lectores para el desarrollo de salvaguardas para bases de datos y sistemas de información, uno en
El consentimiento libre preve informado, dos, no hacer daño, tres, el derecho al acceso eliminación, corrección de información, y se añada en conocimientos tradicionales, no publicó
Estados a las bases de datos y sistemas de información se debe contar con el consentimiento libre previnformado de los pueblos indígenas, señora Presidenta los pueblos indígenas le haremos llegar a su documento
Que está en elaboración nuestras contribuciones para digamos un mejor camino ni en función de las metas y objetivos de este comité.
Thank you for that intervention I see Nigeria has requested the floor Nigeria, you have the floor.
Thank you, Madam Chair, my delegation would like to identify with the observation made by the South African delegation remotely and Madam Chair
My delegation appreciates that you are trying to build upon the work of the ad hoc technical expect group report that was presented yesterday
But there is still a focus whether you want to move that work in the direction of the Chair's text that the consolidated text, Madam Chair it is clear that
The Chair's text has by the decision of this Committee be made a working document in paragraph with the consolidated text and if I am not mistaken the impression yesterday
Was a convergence of understanding that the consolidated text is taken to know where this is the last GR meeting under this our mandate and South Africa has
Restated its interest in hosting a Diplomatic Conference based on this document so Madam Chair it will be really nice for all of us to have a clarity
As to where we are going because I do not think we have sufficiently resolve the issue of methodology to the satisfaction of the greater majority of delegates in this meeting.
Thank you very much.
Thank you, Nigeria for that intervention, I am going to give the floor to the Secretariat. Thank you so much, Madam Chair, just two
Announcement before the coffee break, one is we would like to inform you that today, the exit via the lobby is blocked for some event, so you can go out of the building and reinter the building
Through the external entrance which is on the ground floor. The second announcement is please sit, you know, the cease which you are assigned to sit because we are having difficulty
To identify who is requested in floor because we have the number, but please sit in front of your country or observer NGO name place so that we can know who are requesting the floor and if you wish to request of
Will please press the red button in front of you so that we know that you are requesting the floor.
Thank you for that intervention on fee, just let you know we are going to break for coffee break no and after the coffee break, the Vice-Chair
UK will be Chair in this session, thank you so much.
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Good morning, still morning, almost welcome back to the meeting room as the Chair promised the rest of the morning will be spent
By continuing the discussion that was started, we will have on the table under our noces, the two texts, the consolidated text and the Chair's text, you may comment
The on each of them, and there is no need for any specific order that we are not talking about the consolidated extent and then about the Chairs text because
Because the Secretariat, the facilitator under Chair will sought out the comments I invite you to indicate on what text your comment are based whether on consolidate text
Or on the Chair's text. And of course this is justified in many sense because we have had now quite some discussion about the nature of the consolidated text, how it is maintained and also the Chair's text
And its role as a working paper, the Committee, so they are both on the table now. And Paul is Acma,
Acting as his task is as racilitator, he is collecting any comments and his suggestions made to the consolidated text and then myself Secretariat and pool all
So we will ask the Chair to collect any comments to the Chair's text for the moment when our President will take a look at the text in the light of
The comments made. I propose that we would at least have some systematic element in this discussion we could start Article by Arctic
Law element by element, the treaties or the texts of international instrument, international instruments, we could start from Article 4 this
Closure requirement in the consolidated text, Article 3 in the Chair's text, I submit this to elements and items for your consideration, the floor is all
And then when we see that we have emptted the need to comment these elements we will step on to the next next item to be commented.
Deptbba is the first. Thank you. We have one procedure a question, we known the past our manner
Of working was the former Chair, Mr. Jengos separated out the text into blocks, so we had alternative A, B and C and so on in order to
Highlight the differences in approaches and you are trying to cluster the different approaches, I am wondering our we going to maintain that manner of work or we now if we are truly going to consolidate the text or we going to
Try to move back to the former way of working which is to work on a single text and can we comment on other members' text. Thank you very much, but
In a question, it is rather evident that it is not easy to take a step to a new start to a clean text or to a single text, so far we have
To operate with at least with the consolidated text with its options and alternatives and the Chair's text which is a clean text and this makes me gives me the
A reason to invite you to indicate us clearly as possible the text you are referring to and the element in the consolidated text you are referring to when you take the floor, the floor is
Coming to how we introduce the disclosure here. Just in the floor to further delegates, I know what pall to explain the
I was just going to note as the Chair has introduced the disclosure requirement it helps to be able to
Built on the conclusions of the work by the Expert Group on Sunday and I thought it might be useful before we look at the specific provisions in the consolidated
Text and, of course, refers well to the relevant parts of the Chair's text to at least high light areas in which I would say consensus was developed
And also to point out our second gaps that will may need to narrow and to extend this also future work to do present that accordingly so that list
Let's us now go through perhaps line by line in different articles and then see if we could easily agree on parts where there is a convergence and then take the rest accordingly, so it is in that spirit that I wanted been
Talking about the disclosure requirement to begin by noting that if you look at Article 4, it talks about the disclosure requirement but it incorporates a little bit something that we had talked
About in relation to subject matter, subject matter simply meaning do we go with genetic resources or traditional knowledge associated with genetic resources and as I
Noted in my report yesterday, there was agreement that indeed we should have the instrument deal both with genetic resources and also traditional knowledge associated with genetic resources so that is one
Clear point that we should note reading Article 4. However in connection with even that a definition issue the proposal was made to
Some clarification as it relates to the definition of traditional knowledge, so why that is important is because if you look at Article 4.1, there is some reference to subject matters are really want to put that in context, so we know
What we are talking about. The second point in terms of the disclosure requirement deals with the reference to patent on the one hand
And then to Intellectual Property on the other, we said that there was no disagreement at row of when it comes to using patents, then when it came to international property rights, they
Is an interest in providing space for the application of copyrights, trademarks, designs, plant varieties and so on, the question is how then to
Create a breach, those who are strongly in fill of patents exclusively were quite uncomfortable with dealing with other subject matter
But in the sense that we gathered in the room was that those same parties were not opposed to working with intellectual property rights or the intellectual properize, so long as we have what is referred
To us a review clause, a review clause in instrument which would allow us to continue discussing in terms of our current and future work extending the scope of the instrument to these
Other Intellectual Property rights and then with the concession of those who are say proponents of the singular reference to patents to at least allow adjustments
The preamble so that in a preamble where we previously had highlighted patents only make reference to those intellectual property rights, so the realin of forming part of the substantive part of the instrument, but least would represent
Present some typ of recognition that the instrument would have relevance to these other Intellectual Property rights, so that is one way that we discussed in our meeting as a way of bridging the
Divide and we should note that it also reflect some compromise on a part of those who favor clear reference to intellectual property rights, because they are quite worried about how is
Similar structure has been treated in the context of the World Trade Organization, in particular Article 27, to be when it talked about a review provision where WTO members
Would revisit all review the TRIPS Agreement with the possibility of making changes, if seen that since the review across was introduced, nothing has happened so far, so they thought the same thing might have been here.
So clearly there is a risk would go with that proposal so we should note that it is not one that satisfies everybody. The third part in
Of the subject matter that I would like to highlight is that you, there were some interest in making sure that there is a reference to derivatives, but it is a very broad term
So we may have to think along the lines as we discuss the disclosure requirement to ensure that it captures derivatives, but not so broad a manner that it is not workable, so I thought
I should highlight that to as part of the introduction to the sort of issues that we should be talking about shortly, I would like also to talk about content because
When you look at Article 4 it addresses not only subject matter but also the content and by content I mean when you see disclosing what a you disclosy so there is clear agreement that it should relate to
Country of origin providing country, indigenous peoples and where even the material is collected in C2, we should refer to that
But I want to point out a submission I also submit we need to be reflected even though it did not Ghana significant support and that is an expert at our meeting suggested that it should also
Refer to where the material is collected, so that could as we noted refer to material collected even from a chemical store, I can say that provision are
There was some more position to it but in the context that we are negotiating this text it you be possible to create space for that proposal as well in terms of source
Those are the areas when it comes to source, one we should disclose, but then there is a second part we deals with supplementary matter that one may characterize
As relevant to the status, legal status of the disclosure, this is the part that deals with prior informed consent, mutually agreed terms, compliance with
Access and benefit sharing arrangements, you note that when it comes to these matters, the reinforce and our supplementary, they complement clearly the disclosure requirement, but we have detect
A bit of this comfort from other jurisdictions with respect to the explicit inclusion of that as part of the content, the discussion went along the following lines.
Yes, we should perhaps capture us the very first part of the article in terms of source, the matters that have listed, but then create space for
Member States that are certainly interested in taking those matters on board to make the part of their law and so there should be some typ of language to recognize the fact
Members is in their discretion could make references to access benefit sharing, prive from consent, mutually agreed terms, so that could come as subparagraph
And so what I am say, subparagraph 1 takes on board, the direct references to country of origin and so on and should also note in some form the reference made by a Member State to
Include source as it relates to where materials corrective. Then subparagraph 2 will now give that flexibility and option to Member States to take on board the issues regarding access and benefits
Hearing and sow. So that should that was part of our discussion and then the third part which
Would like to address just because when you read the consolidated text looking at at alt 2, you have a list of do notes what a patent office supposed to do what is not supposed to do
I think there was a sense in our discussion that these types of matters while relevant ought not to be taken up in what is viewed as a minimum standards instrument so we should really leave
All those other issues to be taken up under the national authorities as the deem fit, so it should not be necessary, for example, to say the disclosure recommend does not impose an obligation on patent offices to do excellent
Why Z. So that is what are really wanted to bring up at this stage to put the disclosure requirement in context, let you know where in terms of what the
That is had done where we thought there were areas of convergence and where we still have some gaps, so if I am to summarize, they still is a gap in terms of when you referring to TK associated with genital resource
We may TK, but I think that probably should be a very easy matter to address because we can cut and based the relevant parts of what we currently have in a draft instrument on TCEs and TK.
So Chair, thanks for your indulgence, but I just wanted to bring everybody on board, just to explain what would done so far. Thank you. Thank you very much, thanks for drawing the attention of the delegations to some of the key II
Them in the context of the disclosure, the floor is now open, the first today the floor is South Africa remotely.
I want to draw your attention to a very procedural issue before we start having any discussion on the
I would like to make your indulgence into which takes our week I we discussing because procedurally we cannot discuss two text as simultaneously.
My colleague from South Africa will present the South African statement in terms on the preference of the text. Thank you very much.
I was when I invited you to take the floor, I invited you to take the floor on the consolidated text or on the Chair's text without making a distinction the distinction will be made
By the facilitator by the Czech Director and by myself and then later by the Chair and this is an invitation to have flexibility in mind in this respect.
And you should indicate the text to which you refer when you take the floor and make your comments or possible suggestions. South Africa would probably want to
You. Sout Africa. Yes, I think a
Somehow whole has managed to address some of the questions that we had is South Africa because what has been brought to the table is that we are negotiating on the basis
Of two documents namely, the Chair's text and the consolidated document. Now the first question that South Africa wanted to ask is what then happens to the report
That was ably presented yesterday from the expert group, so now we have some kind of clarity from Paul in terms of how these
Instead of two, how this she has are going to be negotiated, however, it is still the stance of the South African delegation that we are noting with concern
The deliberate intention from some delegations to render the negotiations unbearable and therefore rendering the IGC process
Relevant because the suggestion to consider the consolidated document as a basis for negotiation is a platant strategy to delay the process, the delegation who have an interest
The consolidated document no very well how bracketed that document is and therefore it would take another 20 years to negotiate those brackets out. Chair, the South African delegation
Believe that using the Chair's text as a basis for negotiation will narrow the existing gaps in line with the mandate of this session and it is the
Wish of the South African delegation to take the process to the Diplomatic Conference without any further delay. Thank you.
Delegate of South Africa, yes, indeed, this for your continuation to yesterday afternoon's discussion where that point was made very clear from many, many delegations, now for the moment there is no possible the
To take the step and start looking at only one text. The next speaker will be the delegation of Indonesia. Thank you
Mr. Chair for giving the LMCs the floor and I also thank the facilitators for the thorough explanation to some the key items on disclosure. In this opportunity, Mr. Chair, we would like to reemphasize some of the
Views that were previously made in this morning sessions by members of our group, particularly pertaining to the convergence of understanding on the importance for clarity with regards to the Chair's text as also mentioned that the South African
I think over the 15 years of discussions this Committee has now come to an empass as we heard from majority of delegations, there is a positive momentum to consider the Chair's
Text to go forward to a Diplomatic Conference, and there is also momenting to consider intersessional work to resolve the few remaining issues within the Chair's text. Now Mr. Chair, while respecting the procedures of this Committee
As a group at this stage, we see little merit of opening up discussions on the text to be comted at this moment and in this regard, Mr. Chair, with your indulgence,
We would like to call to adjourn the meeting to consult further Mungark group on the different issues that hand. I thank you. Thank you very much in
Indonesia, let's see what will be the message of other delegations, the next will be a delegation of Algeria on behalf of African Group. Thank you, Mr.
Chair, we would like to also thank the facilitators for their hard work and the expertise they provide to the Committee, we also echo what the NMC's group has already this
Said about the need to get more clarity on which text the Committee will be working if the mandate of the IGC is to narrow divergences, we believe that is more appropriate to decide on the Chair's text status
Given that it is more in line with the mandate aimed at bridging the divide and reaching consensus, our concern is that the work on both text will derrail the Committee from its objective and could
Widen the gaps. It is a matter of fact that the discussions on the consolidated text in recent years were considerably slowed down because of new inputs that go against the intended objective of reducing the
Discrepancies between member States, so we think that is important to sort out this issue to allow the Committee to work with certainty. I thank you. Thank you very much, Algeria.
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Thank you, Chair, Brazil would like to second the views and comments expressed by South Africa by Indonesia on behalf of the LMC group and
By Algeria on behalf of the African Group, we understand that there is no future in the negotiation on the consolidated document and we would then stress the request of Indonesia on behalf
The LMCs for this meeting to be adjurned so that we can discuss among our group the way forward for this discussion and we would also like to express our support for this
Suggestion also made by South Africa and by Indonesia to use the Chair's text as the basis for a Diplomatic Conference that will lead us to instrument that will finalize this discussion.
Thank you very much, Brazil, do understand South Africa is asking you for again, South Africa asked the law remote.
You, Chair, South Africa wants to support the comments just made by Brazil and LMC that the meeting be agenda so we can
Me involve in fa de consultation thank you
You, Chair, afternoon, thank you very much for giving us the floor as this is the first time in the floor, we wish to
The Chair and wish you are all the best in her new position we have all the confidence and all supporter in these deliberations, Chair on the subject at hand we wish to align ourselves to this
Statement just delivered by Algeria on behalf of the African Group and Indonesia on behalf of the LMCs on the use of the Chair's text, the delegation of Zimbabwe believe that we need a concise focused and narrowed
Text which would facilitate our discussions, we therefore in that fined support the proposal just made for an agendment of the meeting for further consultations
Thank you very much, Zimbabwe Nigeria has the floor. Thank you Vice-Chair, the delegation of Nigeria would like to
Identify with the statements made by Indonesia on behalf of the LMCs and by Algeria on behalf of the African Group and also to identify with a statement made by South Africa.
And Brazil and the delegation of Nigeria will be inclined for an adjovement of this meeting for further consultation as requested by LMCs and the Africa Group
Vice-Chair, it is important to put into context and that is what we felt to do yesterday, the basis for the Chair's text, this Committee had come to
To what could be called convergence of views that radically narrowed all the gaps, earlier on before a Member State decided to put the rock of our feet. Warranting the Chair to
Save over a decade of work by this Committee and the Chair's text as distance has been admitted as a document of this Committee and if a convergence of members
States are inclined towards using the Chair's text to move us forward to a Diplomatic Conference, I believe Vice Chair that there is a merit in that demand because other options do not seem in
The opinion of my delegation to commit us to negotiation in good faith. Thank you very much.
Nigeria.
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Thank you very much for the discussions of our I should make clear that my intention is
To decide about the adjournments soon in order to provide time for consultation as were suggested and that may be taken into account by the delegations who have still asked the floor if
You have, if you join to that request, then you may already know that the intention is to adjourn the meeting for further consultation and then reconvene
The meeting again, 3:00, the following speakers on the list, Uganda Mexico, Pakistan Egypt, Uganda is the first.
You, Chair for allowing the Delegation of Uganda to assess something about the situation currently in the House, Uganda would like to associate
Itself with the comments by Nigeria and the request by the ERMCs to adjan and consult further. Thank you very much for the
Concise opinion, Mexico has the floor.
El cuarto intermedias a las 3 de la tarde para consultas y yo creo que ya no tengo nada más que siren este momento. Thank you very much Mexico Pakistan.
Thank you very much, Mr. Chair, and I would like to add my voice to what has just been said by LMCs African Group and a number of other Delegations
Which was here while we are ready to engage on the text on the table, but it appears that seeking textual suggestions on two parallel text might be here a CP for disaster in the future, as a delegation we believe that this is a watershed moment.
What I would see in we take in this IGC in terms of which text to prefer will have long-term consequences and as the delegation we believe that the Chair's text has more chances to
Bring IGC to its logical conclusion. Thank you very much Egypt as the floor.
أه بدوري أدم صوت إلى صوت كل من الجزائر وأندونيسيا وجميع الدول التي أيد التعليق أه الجلس وهنا أود أن
أركز على مسألة أساسي إن مناقشة نصيني في ذات الوقت يتعلق قام بذات الموضوع هو أمر مجافي لأبجديات العمليات التشريعي فأرجو أن لا يعني نقع في مصر
هذا المحظور ثم أنه يؤدي إلى نتائج تخالف الولاية المعقودة لهذه اللجنة وهي العمل على سد الفجوات هنا نحن نزيد الفجوات ولا يمكن أبدا أن يؤدي ذلك
إلى عكس أه أه مسألة أه أه ر- ردم الفجوات بين الموقفين وهنا ف- أه يعني أه نطبح تماما أن نعلق الجلسة شكرا.
Thank you very much Egypt for your position which is also clear, so
We decide to adjourn the meeting in order to reconvene the Committee again at 3 o'clock in the afternoon, and now there may be a need to make some announcements about cons
Notations during the break, which is now a bit longer due to the circumstances, announcements on group concerns
Aldations. Thank your time, this is a new situation.
In the Committee's work. Dominic and Republic.
Gracias señor Vicepresidente, quería como cara al GRULAC a una reunión de consulta para tratar este tema y avisar que en lugar de las salas roja sería en el Wilger Rooms.
Y les en el mismo nivel de las salas roja, pero más cercade del elevador y de los baños, los que no estoy seguro decía, atendremos ahora mismo o después de la tarde quizás a las dos sería más comeniente.
GRULAC will meet at 2:00 in the afternoon in the Bilger room, other group coordinate.
None at this stage, so the meeting is adjourned, and very much Indonesia
Yes, just to make an announcement that the LMC's group will meet at 2 o'clock at and B17. Thank you.
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Merci Monsieur le Président, je vous ai eu s'annoncer que le cocuse réuni à 14 heures dans la salle rouge. Merci.
And still last check no further requests for the floor.
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