Protection of Traditional Knowledge and Folklore: Perspectives on WIPO’s Draft Provisions

25th April 2006 • Co-organised with CIEL; IDDRI; IUCN; QUNO

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Roundtable

The mandate of the Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore (IGC) was extended once again at the 2005 WIPO General Assembly. In particular, the debates at the IGC are now focused on the design and implementation of draft provisions for the protection of traditional knowledge (TK) against misappropriation, including the identification of a set of objectives and principles for the protection of TK and folklore.

Discrepancies over the role and potential outcomes of the IGC, however, remain. The last meeting ended without agreement or substantive discussion on these provisions. Nevertheless, it seems that its work will continue, as well as the focus on issues regarding TK protection. Members have started to engage in specific comments and proposals on a possible set of provisions that could address some current concerns including positive protection and sui generis systems.

In this context, it seemed appropriate to address current concerns and the need for protection of TK, in order to ensure that work in the IGC achieves outcomes supportive of sustainable development, including the negotiations under the Convention on Biological Diversity. In the process, it will be an endeavour to evaluate possible ways to introduce the development dimension in the intersection between intellectual property, biodiversity issues, and TK.

This roundtable discussion therefore provided an opportunity to review and analyse the different existing scenarios and tools for protection of TK at the IGC while also examining the role of WIPO and in particular the IGC in developing tools and mechanisms for protection of TK and the outcomes of the IGC process. The aim was also to promote the participation and contribution of all relevant stakeholders in the policy formulation process. A paper by Graham Dutfield who has undertaken a review of various TK protection systems and tools was also tabled.

Programme

Chairs: Martha Chouchena- Rojas, IUCN and David Vivas- Eugui, ICTSD

19h30 - 19h40: Welcoming Remarks

19h40 - 20h00: “Protecting Traditional Knowledge: Pathways to the Future” : Presentation by Graham DUTFIELD, Senior Research Fellow, Centre for Commercial Law Studies, Queen Mary, University of London

20h00 - 20h30: Comments by

Jostein SANDVIK, Norwegian Patent Office

Maria Julia OLIVA, CIEL

Brendan TOBIN, UNU- IAS

20h30 - 21h00: Open Discussion

21h005 - 21h30: Wrap up comments

Participants

1. Alejandro Argumedo, Asociacion ANDES

2. Anchalee Chuthaputti, Institute of Thai Traditional Medicine, Thailand

3. Asha Sukhwani, Spanish Patent Office

4. B.K. Bosumprah, Copyright Office Accra, Ghana

5. Brendan Tobin, UNU-IAS

6. Builherme Patriota, Brazilian Mission

7. Chaiyan Rajchagool, Chiang Mai University, Thailand

8. Christiano Berbert, Brazilian Mission

9. David Vivas, ICTSD

10. Graham Dutfiled, Queen Mary University of London

11. H.C. Moraes, Ministry of External Relations, IP Division, Brazilian Mission

12. Heike Baumuller, ICTSD

13. J.C. Fernandez, National Institute of Ecology

14. Jospeh Mbeva, Kenyan Industrial Property Institute

15. Jostein Sandvik, Norwegian Patent Office

16. Kent Nnadozie, FAO

17. Kulwadee Charoensry, Office of the National Cultural Commission, Thailand

18. Lu Guoliang, State Intellectual Property Office, China

19. Mahbubuz Zaman, Bangladesh Mission, Geneva

20. Mark Bryant, UK Patent Office

21. Maria Julia Oliva, CIEL

22. Martha Chouchena- Rojas, IUCN

23. Natalie Sunker, South African Mission

24. Nico Tyabji, QUNO

25. Nusara Kanjanakul, Department of Intellectual Property, Thailand

26. Partick Andersson, Swedish Patent and Registration Office

27. Pedro Roffe, ICTSD

28. Preeti Ramdasi, ICTSD

29. Selim Louafi, IDDRI

30. Sophie Bernier, Canada Biodiversity Convention Office

31. Tobias Kiene, IDDRI

32. Yang Hongju, State of Intellectual Property Office, China