WIPO/GRTKF/IC/10/7 Prov 2.
page 1
WIPO / / EWIPO/GRTKF/IC/10/7 Prov 2.
ORIGINAL: English
DATE: April 25, 2007
WORLD INTELLECTUAL PROPERTY ORGANIZATION
GENEVA
intergovernmental Committee on
intellectual property and genetic resources,
traditional knowledge and folklore
Tenth Session
Geneva, November 30 to December 8, 2006
REVISED DRAFT REPORT
Document prepared by the Secretariat
TABLE OF CONTENTS
Paragraphs
INTRODUCTION...... 1 to 7
AGENDA ITEMS
(see document WIPO/GRTKF/IC/10/1 Prov 2.)
Item 1:OPENING OF THE SESSION...... 8
Item 2:ELECTION OF THE OFFICERS...... 9
Item 3:ADOPTION OF THE AGENDA...... 10
Item 4:ADOPTION OF THE REPORT OF THE NINTH SESSION...... 11
Item 5:ACCREDITATION OF CERTAIN ORGANIZATIONS...... 12
Item 6:OPENING STATEMENTS...... 13 to 63
Item 7: PARTICIPATION OF LOCAL AND INDIGENOUS
COMMUNITIES ...... 64 to 78
Item 8:TRADITIONAL CULTURAL EXPRESSIONS/FOLKLORE..79 to 141
Item 9:TRADITIONAL KNOWLEDGE...... 142 to 174
Item 10 GENETIC RESOURCES...... 175 to 231
Item 11:FUTURE WORK...... 232 to 255
Item 12:CLOSING OF THE SESSION...... 256 to 258
INTRODUCTION
1.Convened by the Director General of WIPO in accordance with the decision of the WIPO General Assembly at its thirtiethsecond session further to extend a revised mandate, the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (“the Committee”) held its tenth session in Geneva from November30 to December8, 2006.
2.The following States were represented: Algeria, Argentina, Australia, Austria, Azerbaijan, Bangladesh, Barbados, Belgium, Benin, Bhutan, Bolivia, Botswana, Brazil, Bulgaria, Cameroon, Canada, Chile, China, Colombia, Congo, Costa Rica, Croatia, Czech Republic, Democratic Republic of the Congo, Denmark, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Ethiopia, Finland, France, Gabon, Germany, Ghana, Greece, Guatemala, Holy See, Honduras, India, Indonesia, Iran (Islamic Republic of), Iraq, Italy, Japan, Jordan, Kazakhstan, Kenya, Lesotho, Lithuania, Luxembourg, Madagascar, Malaysia, Mauritania, Mexico, Moldova, Morocco, Netherlands, New Zealand, Nigeria, Norway, Oman, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Russian Federation, Senegal, Singapore, Slovenia, South Africa, Spain, Sudan, Swaziland, Sweden, Switzerland, Tajikistan, Thailand, Trinidad and Tobago, Tunisia, Turkey, Uganda, United Kingdom, United States of America, Venezuela, Yemen, Zambia and Zimbabwe. The European Commission was also represented as a member of the Committee, and Palestine participated as an observer.
3.The following intergovernmental organizations (‘IGOs’) took part as observers: African Intellectual Property Organization (AIPO), African Regional Industrial Property Organization (ARIPO), European Patent Office (EPO), Food and Agriculture Organization of the United Nations (FAO), International Union for the Protection of New Varieties of Plants (UPOV), Office of the United Nations High Commissioner for Human Rights (OHCHR), Pacific Islands Forum Secretariat, Secretariat of the Convention on Biological Diversity (SCBD), United Nations Conference on Trade and Development (UNCTAD), United Nations Educational, Scientific and Cultural Organization (UNESCO), United Nations Environment Programme (UNEP) and the World Trade Organization (WTO).
4.Representatives of the following nongovernmental organizations (‘NGOs’) took partas observers: American BioIndustry Alliance, American Folklore Society (AFS), Assembly of First Nations, Biotechnology Industry Organization (BIO), Call of the Earth (COE), Central and Eastern European Copyright Alliance (CEECA), Centre for Documentation, Research and Information of Indigenous Peoples (doCip), Centre for Folklore/Indigenous Studies, Centre for International Environmental Law (CIEL), Centre for International Industrial Property Studies (CEIPI), Coordination des ONG africaines des droits de l’homme (CONGAF), Creator’s Rights Alliance, European Federation of Pharmaceutical Industries’ Associations (EFPIA), Federación Folklorica Departamental de La Paz, Foundation for Research and Support of Indigenous Peoples of Crimea, Friends World Committee for Consultation (FWCC) (represented by the Quaker United Nations Office, Geneva), Groupe des jeunes agronomes actifs pour le développement intégré au Cameroun (JAADIC), Hawai’i Institute for Human Rights (HIHR), Hokotehi Moriori Trust, IberoLatinAmerican Federation of Performers (FILAIE), Indian Council of South America (CISA), Indian Movement “TupajAmaru”, Indigenous People (Bethechilokono) of Saint Lucia Governing Council (BGC), Indigenous People’s Council on Biocolonialism (IPCB), Indonesian Traditional Wisdom Network (ITWN), Institut du développement durable et des relations internationales (IIDRI), Intellectual Property Owners (IPO), International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP), International Association for the Protection of Intellectual Property (AIPPI), International Center for Trade and Sustainable Development (ICTSD), International Chamber of Commerce (ICC), International Environmental Law Research Centre (IELRC), International Federation of Industrial Property Attorneys (FICPI), International Federation of Pharmaceutical Manufacturers and Associations (IFPMA), International Federation of the Phonographic Industry (IFPI), International Literary and Artistic Association (ALAI), International Publishers Association (IPA), International Society for Ethnology and Folklore Studies (SIEF), International Trademark Association (INTA), Inuit Circumpolar Conference (ICC), Maasai Cultural Heritage, Max Planck Institute for Intellectual Property and Tax Law, Métis National Council, Music in Common, Pauktuutit Inuit Women of Canada, South Centre, Sustainable Development Policy Institute, The Fridtjof Nansen Institute (NFI), The World Conservation Union (IUCN), Third World Network (TWN), Traditions pour Demain, Tsentsak Survival Foundation (Cultura Shuar del Ecuador), Tulalip Tribes, West Africa Coalition for Indigenous Peoples’ Rights (WACIPR) and the World Trade Institute.
5.A list of participants was circulated as WIPO/GRTKF/IC/10/INF/1, and is annexed to this report.
6.Discussions were based on the following documents and information papers:
WIPO/GRTKF/IC/10/1 Prov 2.: Revised Draft Agenda;
WIPO/GRTKF/IC/10/2Rev. and WIPO/GRTKF/IC/10/2 Add.: Accreditation of certain Organizations;
WIPO/GRTKF/IC/10/3: Participation of Indigenous and Local Communities: Voluntary Contribution Fund;
WIPO/GRTKF/IC/10/4: The Protection of Traditional Cultural Expressions/Expressions of Folklore: Revised Objectives and Principles;
WIPO/GRTKF/IC/10/5: The Protection of Traditional Knowledge: Revised Objectives and Principles;
WIPO/GRTKF/IC/10/6: Practical Means of Giving Effect to the International Dimension of the Committee’s Work;
WIPO/GRTKF/IC/10/INF/1: List of Participants;
WIPO/GRTKF/IC/10/INF/2: Circulation of Comments Received on Documents WIPO/GRTKF/IC/9/4 and WIPO/GRTKF/IC/9/5;
WIPO/GRTKF/IC/10/INF/2 Add.: Circulation of Comments Received on Documents WIPO/GRTKF/IC/9/4 and WIPO/GRTKF/IC/9/5;
WIPO/GRTKF/IC/10/INF/2 Add.2: Circulation of Comments Received on Documents WIPO/GRTKF/IC/9/4 and WIPO/GRTKF/IC/9/5;
WIPO/GRTKF/IC/10/INF/2 Add.3: Circulation of Comments Received on Documents WIPO/GRTKF/IC/9/4 and WIPO/GRTKF/IC/9/5;
WIPO/GRTKF/IC/10/INF/3: Circulation of Comments Received on Documents WIPO/GRTKF/IC/9/4 and WIPO/GRTKF/IC/9/5;
WIPO/GRTKF/IC/10/INF/4: Brief Summary of working documents;
WIPO/GRTKF/IC/10/INF/5:Information Note for the Panel of Indigenous and Local Communities;
WIPO/GRTKF/IC/10/INF/6: Voluntary Fund for Accredited Indigenous and Local Communities: Information Note on Contributions and Applications for Support;
WIPO/GRTKF/IC/10/INF/7: Response to the Questionnaire on Recognition of Traditional Knowledge and Genetic Resources in the Patents System;
WIPO/GRTKF/IC/10/INF/8: Voluntary Fund for Accredited Indigenous and Local Communities. Decisions Taken by the Director General in Accordance with the Recommendation Adopted by the Advisory Board;
WIPO/GRTKF/IC/9/8: Recognition of Traditional Knowledge within the Patent System;
WIPO/GRTKF/IC/9/9: Genetic Resources; and
WIPO/GRTKF/IC/8/9:Overview of the Committee’s Work on Genetic Resources;
WIPO/GRTKF/IC/9/INF/4: The Protection of Traditional Cultural Expressions/Expressions of Folklore: Updated Draft Outline of Policy Options and Legal Mechanisms; and
WIPO/GRTKF/IC/9/INF/5:The Protection of Traditional Knowledge: Updated Draft Outline of Policy Options and Legal Mechanisms.
7.The Secretariat noted the interventions made and recorded them on tape. This report summarizes the discussions and provides the essence of interventions, without reflecting all the observations made in detail nor necessarily following the chronological order of interventions.
AGENDA ITEM 1: OPENING OF THE SESSION
8.The session was opened by Mr. Francis Gurry, Deputy Director General of WIPO, who welcomed the participants on behalf of the Director General of WIPO, Dr.Kamil Idris.
AGENDA ITEM 2: ELECTION OF OFFICERS
9.At its ninth session, the Committee had elected as its Chair Ambassador I Gusti Agung Wesaka Puja of Indonesia, and as its two Vice Chairs, Mr. LuGuoliang of China and Mr.Abdellah Ouadrhiri of Morocco for the ninth and following two sessions of the Committee, including the current session. These officers therefore continued in those capacities. Mr. AntonyTaubman (WIPO) was Secretary to the tenth session of the Committee.
AGENDA ITEM 3: ADOPTION OF THE AGENDA
10.The Chair submitted, and the Committee adopted, the revised draft agenda for its tenth session, document WIPO/GRTKF/IC/10/1 Prov 2.
DECISION ON AGENDA ITEM 4:
ADOPTION OF THE REPORT OF THE NINTH SESSION
11.The Chair submitted, and the Committee adopted, the report of its Ninth Session (WIPO/GRTKF/IC/9/14 Prov 2.).
DECISION ON AGENDA ITEM 5: ACCREDITATION OF CERTAIN ORGANIZATIONS
12.The Committee unanimously approved accreditation of all the organizations listed in the Annexes to documents WIPO/GRTKF/IC/10/2 Rev. and WIPO/GRTKF/IC/10/2Add. as adhoc observers (i.e. Arts Law Centre of Australia (Arts Law), ASIDD Cultural Association/Association culturelle ASIDD, Casa Nativa “Tampa Allqo”, Centre for African Culture and Traditional Indigenous Knowledge, Centre for Indigenous Cultures of Peru/Centro de Culturas Indígenas del Perú (CHIRAPAQ), ElMolo EcoTourism, Rights And Development Forum, Indigenous ICT Task Force (IITF), Intellectual Property Owners Association (IPO), International Council of Museums (ICOM), International Organization for Sustainable Development (IOSD), Kirat Chamling Language & Cultural Development Association (KCLCDA), Mulnivasi Mukti Manch, Rapa Nui Parliament, and Research Group on Cultural Property (RGCP)).
AGENDA ITEM 6: OPENING STATEMENTS
13.The Delegation of Indonesia on behalf of the Asian Group expressed its concerns on the misappropriation of TCEs, TK and GR. It reiterated the Group’s conviction that the protection of GR, TK and TCEs was a fundamental principle of the Committee’s work while taking into account the importance of development dimension in its work. This effort should ensure the interest of the Groups people in promoting its interest and preserving its rich cultural TCEs, TK and GR. Therefore it would be very timely for the Committee to advance its discussion on the issues related to GR, priorinformed consent, and benefit sharing, in a holistic and comprehensive approach. The Group also welcomed the debate and exchange of views which would contribute greatly in building international consensus, including the possible development of an effective international instrument for the protection of GRTKF. The sharing of experience and best practice would be extremely needed. The Group requested WIPO and its Member States to continue to support the developing countries in improving the capacity and establishing policies to protect their GR, TK, and TCEs/expressions of folklore (EoF). The Group realized the need for the Committee to accelerate its work and make progress on the protection of GRTKF, as envisaged by the General Assembly. It hoped that the progress achieved could also guide the Committee’s future work.
14.The Delegation of the United States of America stated that the Committee had made to date some significant accomplishments. These accomplishments included PCT minimum documentation, amendments to the IPC, an agreed international data standard for TK databases, and a collection of standard contracts that may be used to regulate access to GR and TK. Building on the successes of the past, the Delegation came prepared to continue work on the complex issues before the Committee. At the ninth session of the Committee, the United Sates had benefited greatly from the discussion of the revised objectives and principles for the protection of both TK and TCEs. The Delegation looked forward to continuing and deepening that discussion at the tenth session of the Committee, with a view toward enriching its understanding of these complex issues. The Delegation was extremely interested in learning from the experience of other Committee members, listening carefully to specific issues and concerns related to protection of TK and, and exchanging views, information, and best practices on preserving, promoting, and fostering an environment of respect for TK and TCEs. Such a sustained and focused discussion would lead to the kind of deep, mutual understanding that would inform and clarify the Committee’s future work, including the international dimension for the protection of TK and TCEs. The Delegation looked forward to sustained and robust discussion of these issues at the tenth session of the Committee. The Delegation also welcomed the opportunity to continue the discussion of GR at this session of the Committee. As made clear in the statements of many Delegations at the ninth session of the Committee, discussion of issues related to GR was an important, integral, and inseparable part of the Committee’s work. The Delegation looked forward to learning more about the specific proposals of other delegations, with the longerterm view of advancing the Committee’s work in this important area.
15.The Delegation of Finland, on behalf of the European Community and its twenty five Member States and the Acceding States Bulgaria and Romania, appreciated the progress made by the Committee during the first years of its work, especially in the areas of TK and TCEs, where the Committee had conducted extensive technical work on complex questions, which would serve as a good basis for the future work. The Delegation underlined the importance of further discussions in these areas as well as in the field of GR. The European Community and its Member States continued to support and welcomed the participation of indigenous and local communities and appreciated the establishment of a voluntary fund for this purpose. The European Community and its Member States recognized the importance of ensuring appropriate protection of TK and therefore supported the Committee’s work on Draft Objectives and Principles for the protection of TK and in particular reiterated the support for further work towards the development of international sui generis models or other nonbinding options for the legal protection of TK. In line with the European Community’s and its Member States’ preference for internationally agreed sui generis models, the Delegation reiterated that the final decision on the protection of TK should be left to the individual Contracting Party. The TCE’s of all communities, whatever size and wherever situated in the world, plaid an important role not only for one’s communal and personal identity and wellbeing, but also for the safeguarding of the world’s cultural diversity. The work of the Committee over the past four years had demonstrated this precious variety and exposed both the differences and similarities. As indicated in its submissions, the European Community believed that a constructive way forward would be possible on those parts of the discussions which had so far demonstrated a certain consensus. The Objectives and General Guiding Principles appeared to distil much of what was being sought after and the European Community would therefore propose that the Committee’s future work concentrated on these two texts. European Community would like to see the Committee make equal progress in the field of GR. The European Community would have tabled several proposals on GR and the disclosure requirement which were contained in document WIPO/GRTKF/IC/8/11. The consideration of this issue was an important task for the Committee and such a serious proposal would be entitled to proper discussion within the body where the proposal was made. The European Community continued to support the work and outcomes of the Committee and the outcome of other Committees in WIPO, such as the SCP and the SCCR which were doing equally important work on advancing on further developing international IP law. On working procedures, the European Community believed that the work should be inclusive, systematic, focused on the draft texts, and based on existing working procedures of the Committee.
16.The Delegation of China welcomed the convention of the Tenth Session. It observed that over the past five years, with the common efforts made by all Member States, the Committee had done enormous work for the protection of genetic resources, traditional knowledge and folklore, which resulted in preliminary outcome by collecting inputs from various players and accumulating extensive data. The Delegation believed that the preliminary outcome would help Member States better understand the mission and objectives of the Committee, and lay a solid foundation for further and more indepth discussions of the relevant issues. It went on to express its appreciation to the Secretariat for its carefully prepared and very informative documents, but regretted that the documents had not been made available in Chinese. It added that studying these documents in English, which is not its native language, plus the fact that some important documents had been made available immediately prior to the meetings had restricted its involvement in the discussions. It expressed its hope that documents could also be prepared in Chinese so as to help it fully understand the documents and freely express its opinions, thus facilitating its active involvement in the deliberations. The Delegation highly appreciated the unremitting efforts of WIPO and the international community in advancing the discussions in the Committee. It should be recognized that the Committee is entrusted with an important yet arduous mandate, which not only touched upon various fields such as environment, human rights, natural resources and cultural heritage, but also had an important bearing on the further development and improvement of the international IP regime, and played a critical role in the construction of a harmonious world and for the social and economic development of all Member States. However, the Delegation expressed regret over the unsatisfactory progress made so far in this regard after nine sessions of the Committee and various symposiums over the last five years. It was proposed that in line with the principles of mutual coordination and promotion with other international treaties, and in accordance with the practical experiences and specific demands of Member States, the Committee should build on its existing achievements, and continue to make comprehensive and indepth research into the various issues within its competence, thus accelerating its work towards the conclusion of a binding international instrument on this matter as soon as possible. The Delegation indicated that it had taken an active part in all the previous sessions of the Committee, and pledged its commitment to continuous support of the Committee and active involvement in the deliberations on all related issues. It concluded by expressing its hope that under the auspice of WIPO, and with the common efforts of all Member States, a reasonable solution acceptable to all players could be found on the IP protection of genetic resources, TK and folklore, that would help better address the concerns and demands, especially of developing countries.