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Olivier Rukundo

WIPO INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE (IGC ). Olivier Rukundo. The Intergovernmental Committee: Key features.

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Olivier Rukundo

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  1. WIPO INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE (IGC) Olivier Rukundo

  2. The Intergovernmental Committee: Key features • Established in 2001 as a forum to examine intellectual property issues that arise in the context of (i) access to genetic resources and benefit sharing; (ii) protection of traditional knowledge, and (iii) protection of expressions of folklore

  3. Dec 2001IGC 2 Surveys and Questionnaires on existing IP protection for Traditional Knowledge and national experiences on the protection of expressions of folklore. Dec 2002 IGC 4 Preliminary Analysis of National Experiences with the Legal Protection of Expressions of Folklore and Elements of a sui generis System for the Protection of Traditional Knowledge. Launch of an IP Toolkit. IGC Mandate 2003-2009

  4. IGC Mandate 2003-2009 • Continue work on questions included in previous mandate • new work to focus on consideration of international dimension, without prejudice to work in other fora • no outcome is excluded, including the possible development of an international instrument(s) • the IGC urged to accelerate its work and to present a progress report • International Bureau to continue to assist by providing necessary expertise and documentation

  5. IGC 9 (April 2006) Voluntary Fund for participation of indigenous representatives Key documents on the objectives and principles for the Protection of TCEs and TK are presented as working documents: • WIPO/GRTKF/IC/9/4 “The Protection of Traditional Cultural • Expressions/Expressions of Folklore. Revised Objectives and Principles” • WIPO/GRTKF/IC/9/5 “The Protection of Traditional Traditional Knowledge. Revised Objectives and Principles” • On Genetic Resources: List of Options for future work of the IGC

  6. IGC Mandate 2003-2009 • Dec 2006 IGC 10 • List of key issues/questions for TK and TCEs • Discussions on the substantive documents on hold • July 2007 IGC 11 • Comments on list of key issues • Factual extractions of comments on the key issues

  7. IGC 10 (Dec 2006)List of Issues based on 9/4, 9/5 1. Definition of TCEs and TK that should be protected. 2 Beneficiaries 3 Objective (economic rights, moral rights)? 4. Unacceptable/illegal behavior? 5. Exceptions or limitations? 6. Period of protection? 7. Existing IPRs protection? What gaps need to be filled? 8. Sanctions or Penalties? 9. Issues should be dealt with internationally and which nationally, or what division should be made between international regulation and national regulation? 10. How should foreign rights holders/beneficiaries be treated?

  8. IGC 12( February 2008) Preparation of “Gap Analyses” documents for TCEs and TK to look at: -existing obligations, provisions and possibilities at the international level which provide protection; -describe what gaps exist at the international level -determining whether those gaps need to be addressed; -provide options which exist or might be developed to address any identified gaps, including legal and other options, whether at the international, regional or national level; Reissue documents WIPO/GRTKF/IC/9/4 and WIPO/GRTKF/IC/9/5 Update document “factual extraction” with comments on list of Issues. Consider at IGC 13 taking a decision on proposed modalities and terms of reference for the establishment of intersessional mechanisms or processes, as well as other possibilities, to continue and to build on the progress achieved so far, in a structured and focused manner

  9. African Group Proposal • Consolidation of comments on 9/4 and 9/5 and 11/8A into updated document under list of 10 issues • African Group Proposal - WIPO document WIPO/GRTKF/IC/14/9 • Highlights area of convergence and areas of divergences • Proposal of intersessional work on possible areas of divergences WIPO/GRTKF/IC/13/10 • Issues for TK and TCEs: • Definitions and Object of Protection • Exceptions, Limitations and Duration • Prior Informed Consent (PIC), Rights - Moral/Economic • Beneficiaries • Sui Generis options for protection

  10. African Group Proposal (cont.) • Proposal on Genetic Resources: • (i) Consider developing a range of options for the IP related aspects of ABS arrangements that could ensure benefit‑sharing. In doing so, also develop a structured menu of options to guide custodians of genetic resources to facilitate their decision making process. • (ii) Consider developing disclosure requirements and alternative proposals for dealing with the relationship between IP and GR as requested by the CBD. • (iii) Consider developing guidelines and procedures with regards to dealing effectively with the IP aspects of access and benefit‑sharing arrangements. • (iv) Consider supporting demand and needs driven capacity building initiatives in Africa relevant to the relationship within IP and GR as well as the interface amongst World Intellectual Property Organisation (WIPO), Convention on Biological Diversity (CBD), World Trade Organisation (WTO) and Food and Agriculture Organisation (FAO). • (v) Further emphasizes the linkages that exist amongst WIPO, CBD, FAO and WTO. In this regard, encourages these organizations to interact and participate actively amongst themselves, within their respective mandates, to foster synergistic implementation of related activities.

  11. IGC 13 (Oct 2008) and IGC 14 (June 2009) IGC 13 - no consensus on intersessional work and no movement forward IGC 14 - African proposal on a new text for mandate for work on a legally binding instrument - no consensus on mandate - decision on mandate deferred to WIPO GA 2009

  12. The WIPO IGC and its new mandate

  13. WIPO General Assemblies New Mandate 2010 -2011 Elements of New Mandate: • Undertake text-based negotiations with the objective of reaching agreement on a text of an international legal instrument (or instruments) which will ensure the effective protection of GRs, TK and TCEs. • Follow clearly defined work program • Four sessions of the IGC and three inter-sessional working groups • Focus of work will build on the existing work carried out by the Committee and use all WIPO working documents, including WIPO/GRTKF/IC/9/4, WIPO/GRTKF/IC/9/5 and WIPO/GRTKF/IC/11/8A which are to constitute the basis of the Committee’s work on text-based negotiations. • Submit to the 2011 General Assembly the text (or texts) of an international legal instrument (or instruments) which will ensure the effective protection of GRs, TK and TCEs. The General Assembly in 2011 will decide on convening a diplomatic conference.

  14. IGC 16 (2010) Draft Provisions on TK • Part I: Policy objectives, which could set common general directions for protection and provide a consistent policy framework • Part II: General guiding principles, which could ensure consistency, balance and effectiveness of substantive principles • Part III: Specific substantive principles, which could define the legal essence of protection

  15. IGC 16 :Provisions on GRs Revised List of options 2009 Three sets of options: • Options for possible activities on defensive protection • Options for possible activities on disclosure requirements • Options for possible activities on IP and MAT for fair and equitable benefit sharing

  16. IGC 16 (2010): Options for continuing or further work Options for possible activities on defensive protection (first cluster) • Inventory of Databases and information resources on GR • Information systems on GR for defensive protection • Guidelines and recommendations on defensive protection

  17. IGC 16 (2010): Options for continuing or further work Options for possible activities on disclosure requirements (second cluster) • Mandatory disclosure • Further examination of issues relating to disclosure requirements • Guidelines and recommendations on disclosure • Alternative mechanisms

  18. IGC 16 (2010): Options for continuing or further work Options for possible activities on IP and MAT for fair and equitable benefit sharing (third cluster) • Online-Database of IP clauses in MAT on ABS • Draft Guidelines for contractual practices • Study on licensing practices

  19. Other Relevant International Fora • Convention on Biological Diversity (CBD) • International Regime on Access and Benefit-Sharing (ABS) - 2010 • Article 8 (j) Working Group • World Trade Organisation (WTO) TRIPS • Doha Development Agenda – Review of Article 27.3 b TRIPS – CBD • World Health Organisation (WHO) • Intergovernmental Working Group (IGWG) on Public Health, Innovation and Intellectual Property • UNESCO Conventions • Convention on the Protection and Promotion of the Diversity of Cultural Expressions 2005

  20. Recent/future developments • First Intersessional Working Group (TCEs): July 19 to 23, 2010 - Duration of protection; perpetual or finite?-How to determine rights when an indigenous or local community crosses a national border or has several distinct groups; -How to handle customary laws of indigenous and local groups on TCEs, especially in relation to national laws; the –Relationship sui generis system /the intellectual property system; • 17th session of the IGC: December 6 to 10, 2010

  21. THANK YOU !

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