Bridges Trade BioRes • Volume 5 • Number 12 • 24th June 2005

WIPO COMMITTEE AT A STANDSTILL ON TK AND GENETIC RESOURCES


WIPO COMMITTEE AT A STANDSTILL ON TK AND GENETIC RESOURCES

The eighth session of the World Intellectual Property Organisation (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), held in Geneva from 6-10 June 2005, ended with members unable to agree on proposals that could form the basis of an international agreement on traditional knowledge. A move by some developing countries to narrow the IGC’s mandate to exclude genetic resources was also defeated, and members failed to agree on proposals for a funding mechanism for the participation of indigenous peoples.

Deadlock over provisions for international treaty

During the five-day meeting, clear lines of disagreement emerged between developed and developing countries over moves towards creating a legally-binding international instrument for the protection of collectively held traditional knowledge. Developed countries, including Australia and the US, indicated that while they were happy to work on general guidelines and statements of principle, they were unwilling to continue the drafting process on more substantive provisions. Draft provisions for the protection of traditional knowledge related to genetic resources — including requirements for patent applications to include disclosure of the origin of genetic resources, evidence of prior informed consent, and access and benefit sharing agreements — were the focus of much of the disagreement

However, some observers saw the lack of progress in the IGC as a positive result for supporters of an international treaty to prevent the misappropriation of traditional knowledge related to genetic resources, as the deadlock in the committee frees developing countries to focus their efforts on pushing patent disclosure requirements in other fora such as the Standing Committee on Patents (SCP; see BRIDGES Trade BioRes, 10 June 2005) and the WTO’s Council for Trade-related Aspects of Intellectual Property Rights (TRIPS; see related article, this issue).

Move to narrow IGC mandate fails

The lack of progress on an international instrument led some developing countries to call for a narrowing of the IGC’s mandate, which is due for expiry or renewal by WIPO’s General Assembly in September 2005. India, supported by Brazil, Peru and South Africa, suggested that the Committee "play to its strengths" by concentrating on folklore issues and national experiences rather than genetic resources. They had hoped that such a narrowed mandate for the IGC would prevent developed countries from attempting to designate the Committee as the proper forum for discussion on genetic resource-related issues, thus undermining initiatives on the topic elsewhere. The proposed changes to the mandate were resisted by developed countries, including the US, Japan, Norway and the EU, as well as Trinidad and Tobago. Extensive informal consultations resulted in a decision to recommend to WIPO’s General Assembly that the mandate be renewed in its entirety.

Indigenous groups condemn lack of progress

The third item on the IGC’s agenda was a proposal, carried over from previous sessions, to establish a funding mechanism for increased participation of indigenous groups. The Committee again failed to agree on financial contributions and control of the fund, provoking a joint statement by representatives of indigenous peoples condemning the lack of progress.

The IGC also received a document from Peru detailing its national efforts to prevent misappropriation, including a law establishing a protection regime for traditional knowledge and a National Anti-Biopiracy Commission (WIPO/GRTKF/IC/8/12) and designing access and benefit sharing mechanisms.

Additional Resources

The documents of the IGC meeting are available at http://www.wipo.int/meetings/en/details.jsp?meeting_id=7130.

ICTSD Reporting.