International dimension of the
protection of TK and Folklore.
Towards a sui generis system of
INTERGOVERNMENTAL COMMITTEE ON
INTELLECTUAL PROPERTY AND GENETIC
RESOURCES, TRADITIONAL KNOWLEDGE AND
Established in 2001
Forum in which discussions can proceed among Member States on three
primary themes, namely intellectual property issues that arise in the context
(i) access to genetic resources and benefit sharing;
(ii) protection of traditional knowledge, whether or not associated with those
(iii) protection of expressions of folklore
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
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
IGC 9 (April 2006)
WIPO/GRTKF/IC/9/4 “The Protection of Traditional Cultural
Expressions/Expressions of Folklore. Revised Objectives
WIPO/GRTKF/IC/9/5 “The Protection of Traditional Traditional
Knowledge. Revised Objectives and Principles”
IGC 10 (Dec 2006)
List of Issues
1. Definition of TCEs and TK that should be protected.
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
10.How should foreign rights holders/beneficiaries be treated?
IGC 11 (July 2007)
Renewal of Mandate
• Agreed to recommend to the WIPO General Assembly that the current
mandate of the Committee be renewed as set out in document
WO/GA/30/8, paragraphs 93 to 95, namely that:
• the Committee “will continue its work for the next budgetary biennium on
questions included in its previous mandate its new work will focus, in
particular, on a consideration of the international dimension of those
questions, without prejudice to the work pursued in other fora,no outcome of
its work is excluded, including the possible development of an international
instrument or instruments”;
• the IGC would be urged “to accelerate its work and to present a
progress report to the session of the General Assembly” in September
Update of documents by means of factual extractions of
comments to list of ten issues
OUTCOMES OF IGC 12
Preparation of “Gap Analyses” documents for TCEs and TK to look at:
-existing obligations, provisions and possibilities at the international level which
-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
Developing countries and IGC
• What should Developing Countries strive to
accomplish in IGC in future?
– Intersessional work to accelerate work
– Strengthening of group positions
– Accelerate work through clear workplans
– Strengthening of National and Regional Experiences
– African Document WIPO/GRTKF/IC/13/9
– Voluntary Funds
• National and regional work continues
• Work with other foras – taking current issues into other
• Non-Binding versus Binding International Instrument(s)
• Existing IP Protection versus Sui Generis
Linkages to other International Foras
• Convention on Biological Diversity (CBD)
– International Regime on Access and Benefit-Sharing (ABS)
– Article 8 (j) Working Group
• World Trade Organisation (WTO) TRIPS
– Doha Development Agenda – Review of Article 27.3 b TRIPS –
• 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