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IGC 42 Summary

March 7, 2022

WIPO’s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) resumed its negotiations in a hybrid format after a pause of two years caused by the Covid-19 pandemic, and concluded a week-long session on March 4, 2022. This was the 42nd session of the Committee. It was the first session under the new mandate for 2022-2023 and it addressed genetic resources. Around 200 delegates attended the meeting physically and over 200 delegates attended virtually.

At the opening of the session, the IGC elected Mr. Ian Goss of Australia as its Chair for IGC 42. Ms. Lilyclaire Bellamy of Jamaica was elected as the Chair of the IGC as from the end of IGC 42, and Mr. Jukka Liedes of Finland and Mr. Yonah Seleti were elected as its Vice-Chairs for the biennium.

Plenary and informals on Agenda Item 7 (“Genetic Resources”)

On Agenda Item 7, the plenary began with discussion of all working documents, with a focus of key issues relating to intellectual property and genetic resources, such as objectives, subject matter, disclosure requirements and information systems.

Informals were convened in a hybrid format to further discuss key issues. The group comprised around 40 experts, with up to six delegates per region nominated by the member states, as well as two indigenous experts nominated by indigenous peoples participating in the session. Other delegates were able to sit in as observers without speaking rights.

The plenary requested Mr. Paul Kuruk (Ghana) and Ms. Margo Bagley (African Union) to act as “Facilitators”. On March 4, 2022, the Facilitators presented “Consolidated Document Relating to Intellectual Property and Genetic Resources Rev. 2”, which the Plenary agreed to be transmitted to the Forty-Third Session of the IGC, in accordance with the IGC’s mandate for 2022-2023 and the work program for 2022.

The text of a draft international instrument that had been prepared in 2019 by Mr. Goss under his own authority (the “Chair’s text”) is also among the IGC’s working documents.

Discussion on Agenda Item 8 (“Establishment of an Ad Hoc Expert Group(s)”)

The mandate of the IGC for the biennium 2022/2023 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 Plenary agreed that an ad hoc expert group on genetic resources be organized on May 29, 2022, prior to IGC 43.

The decisions and all the documents of the session, including the Rev. 2 document, 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, February 27, 2022, in a hybrid format. Additionally, the Indigenous Caucus organized daily meetings during the session, and also separately met with the IGC Chair for the session 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 presented an “Updated Technical Review of Key Intellectual Property-related Issues of the WIPO Draft Instruments on Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions”, was held on Monday morning.