Summary of IGC 37

September 3, 2018

WIPO’s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) concluded a week-long session on August 31, 2018. This was the third session under the new mandate for 2018-2019 and it addressed traditional knowledge and traditional cultural expressions.

IGC 37 was chaired by Mr. Ian Goss of Australia, with Mr. Jukka Liedes of Finland and Mr. Faizal Chery Sidharta of Indonesia as Vice-Chairs. Participants from 94 countries and 29 observers attended the session.

Plenary and informals on Agenda Item 5 (“Traditional Knowledge and Traditional Cultural Expressions”)

On Agenda Item 5, the IGC requested Mr. Paul Kuruk (Ghana) and Ms. Lilyclaire Bellamy (Jamaica) to act as “Facilitators”. Following discussion of certain cross-cutting issues (such as objectives, beneficiaries, definitions of traditional knowledge and traditional cultural expressions, criteria for eligibility, scope of protection, and limitations and exceptions) contained in document WIPO/GRTKF/IC/37/4 (The Protection of Traditional Knowledge: Draft Articles) and document WIPO/GRTKF/IC/37/5 (The Protection of Traditional Cultural Expressions: Draft Articles) at the plenary and during “informals”, the Facilitators presented to the plenary two Rev. 2 documents on August 31, 2018. The Plenary agreed that “The Protection of Traditional Knowledge: Draft Articles Rev. 2” and “The Protection of Traditional Cultural Expressions: Draft Articles Rev. 2” as at the close of the session on August 31, 2018, be transmitted to the Thirty-Eighth Session of the IGC, in accordance with the IGC’s mandate for 2018-2019 and the work program for 2018. The session’s work on traditional knowledge and traditional cultural expressions was informed by an informal note circulated in advance by the IGC’s Chair, and updated draft gap analyses on traditional knowledge and traditional cultural expressions.

Previously submitted documents from some Member States were re-submitted for IGC 37. In addition, a new proposal for collecting information on existing sui generis systems for the protection of traditional knowledge was submitted for discussion.

Work on these themes will continue at the IGC’s next session, IGC 38, taking place in December 2018.

Discussion on Agenda Item 6 (“Establishment of an Ad Hoc Expert Group(s)”)

The mandate of the IGC for the biennium 2018/2019 provides that the IGC “may establish ad hoc expert group(s) to address a specific legal, policy or technical issue”, and “the results of the work of such group(s) will be submitted to the IGC for consideration”. The mandate also notes that the “expert group(s) will have a balanced regional representation and use an efficient working methodology”, and “work during the weeks of the sessions of the IGC”.

With this background, the Plenary agreed that an ad hoc expert group on traditional knowledge and traditional cultural expressions be organized on December 9, 2018, prior to the Thirty-Eighth Session of the IGC.

Discussion on Agenda Item 7 (“Possible Recommendations to the 2018 General Assembly”)

The mandate of the IGC for the biennium 2018/2019 provides that IGC 37 may make recommendations to the General Assembly in 2018. After informal consultations and the discussion at the plenary, the Plenary agreed on recommendations to the 2018 General Assembly.

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

Voluntary fund

The IGC Chair and the Secretariat reminded the IGC that the WIPO Voluntary Fund for Accredited Indigenous and Local Communities is in dire need of new contributions.

Indigenous panel

An indigenous panel, which addressed “The Differences and/or Similarities between Intellectual Property Protection of Traditional Knowledge and Traditional Cultural Expressions – Indigenous Peoples’ and Local Communities’ Perspectives”, was held on Monday morning. The speakers were:

Lucy Mulenkei, Executive Director, Indigenous Information Network (IIN), Kenya;
Mattias Åhrén, Professor, UiT-The Arctic University of Norway, Norway; and
Patricia Adjei, First Nations Arts and Culture Practice Director, Australia Council for the Arts, Australia.

Report

The initial draft report of IGC 37 will be prepared and circulated by November 5, 2018.

Video summary

Wend Wendland, Director of WIPO's Traditional Knowledge Division and Secretary of the IGC, sums up the session.