The International Dimension of TK Protection

1. The International Dimension of TK Protection Rene Vossenaar, UNCTAD

2. Biodiversity-related TK CBD Genetic resources for food and agriculture FAO (International Undertaking, now International Convention, on PGRFA) Intellectual property aspects of TK WIPO, WTO Health (trad. medicine) WHO Expressions of folklore WIPO, UNESCO Traditional forest-related knowledge (TFRK) UN Forum on Forests (UNFF) Human rights ILO, UNCHR Development and trade (commercialization) UNCTAD, ITC, UNDP Issues/Institutions TK: International Dimension

3. Convention on Biological Diversity (CBD) • The Ad Hoc Open-ended Working Group on Access and Benefit-sharing (ABS): Bonn, Germany, 22-26 October 2001 • The Ad Hoc Open-ended Inter-sessional Working Group on Article 8(j) and Related Provisions of the Convention on Biological Diversity: Second meeting in Montreal, Canada 4-8 February 2002

4. Working Group on ABS Bonn, October 2001 The COP should invite Parties and Governments to encourage, in application for IPR, the disclosure of: • the country of origin of genetic resources, as a possible contribution to tracking compliance with PIC and MAT on which access to those resources was granted; • relevant TK, where an invention concerns or makes use of such knowledge in its development.

5. Working Group on Article 8(j)Effectiveness of existing instruments Recommendations to COP-6 • Strategies based on a combination of appropriate approaches, customary laws and practices, IPRs, sui generis measures, contractual arrangements, registers, guidelines and codes of practice; • WG to address the issue of sui generis systems; • Operational links and coordination between national intellectual-property bodies, CBD and indigenous and local communities; and • Feasibility of national and community registries or databases of TK, subject to national legislation

6. Working Group on Article 8(j): issue of sui generis systems • Clarification of relevant terminology; • Compiling and assessing existing indigenous, local, national and regional sui generis systems; • Studying existing systems for managing innovations at the local level and their relationship with existing IPR systems, with a view to ensuring their complementarity; • Assessing the need for further work; and • Identifying the main elements to be taken into consideration in the development of sui generis systems.

7. WIPO Intergovernmental Committee on IP and Genetic Resources, TK and Folklore First session, May 2001 • Delineating the subject matter to discuss IP protection, understanding of the term “traditional knowledge”; • Availability and scope of IP protection for TK and any elements which require additional protection; • Criteria for the effective integration of TK documentation into searchable prior art; • Assisting TK holders in enforcement of IP rights.

8. Second Session, December 2001 • WIPO Secretariat to prepare a document with elements for a possible sui generis system for the protection of TK. • Support for the implementation of the following activities on TK as prior art: • Compiling an inventory of TK-related periodicals for possible integration in the “minimum documentation list” under the PCT;

9. Second Session, December 2001 • TK in amendments of guidelines for examination of patent applications; • Studying the electronic exchange of public domain TK data, including through TK databases and digital libraries; • Examining the applicability of existing IP documentation standards to TK-related subject matter; and • Assisting TK documentation initiatives to manage IP implications of the documentation process.

10. Third Session, June 2002 Expected to discuss, inter alia: • Format for electronic database of contract clauses and practices concerning ABS; • Inventories of existing TK-databases of and TK-related periodicals; • Review of existing IP protection of TK; • Elements of a sui generis system for the protection of TK; and • Meanings of the term “traditional knowledge”.

11. Food and Agriculture Organization • International Treaty on Plant Genetic Resources for Food and Agriculture, adopted 3 Nov 2001; • Will succeed the International Undertaking on Plant Genetic Resources (1983); • New, legally-binding instrument for the conservation and sustainable management of plant genetic resources for food and agriculture, as well as the fair and equitable sharing of the benefits arising from their use (Article 1.1).

12. World Health Organization (WHO) • WHO Interregional Workshop on Intellectual Property Rights in the Context of Traditional Medicine in Bangkok, Thailand from 6-8 December 2000.

13. Traditional Medicine Strategy for 2002-2005 • Policy: integrate Traditional and Complementary/Alternative Medicine (TM/CAM) with national health care systems; • Safety, efficacy and quality: provide evaluation, guidance and support for effective regulation; • Access: ensure availability and affordability of TM/CAM, including essential herbal medicines; and • Rational use: promote therapeutically-sound use of TM/CAM by providers and consumers.

14. World Trade Organization (WTO) Doha Ministerial Declaration (Doha, November 2001) instructed the TRIPS Council "to examine, inter alia, the relationship between the TRIPS Agreement and the Convention on Biological Diversity, the protection of TK and folklore, and other relevant new developments raised by Members pursuant to Article 71.1." (para. 19)

15. Recommendations by UNCTAD-Trade Commission • Analytical work and regional workshops to exchange national experiences and examine strategies on TK-related issues, in cooperation with WIPO, CBD and regional organizations (OAU); • Capacity-building to protect and promote the further development of traditional medicine (in cooperation with WHO); • Exploring policies to harness traditional knowledge for trade and development

16. Recommendations by UNCTAD-Trade Commission • Assist developing countries, where appropriate, with the commercialization of TK-based products, including the creation of niche markets for such products (in cooperation with ITC); and • Assist interested developing countries in exploring ways for the protection of TK, recognizing and supporting the ongoing activities at WIPO

17. UNCTAD TC/CB Activities • UNCTAD technical assistance and capacity building for developing countries in support of their participation in the Post-Doha WTO work programme (Window 4: Environment); • Traditional knowledge: support for effective participation in discussions in WTO, WIPO and CBD; • UNEP-UNCTAD CBTF; • Biotrade; and • UNCTAD/FIELD project