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South Centre Tk Presentation


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South Centre Tk Presentation

  1. 1. International dimension of the protection of TK and Folklore. Towards a sui generis system of protection
  2. 2. INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE (IGC) 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 of (i) access to genetic resources and benefit sharing; (ii) protection of traditional knowledge, whether or not associated with those resources; and (iii) protection of expressions of folklore
  3. 3. IGC Mandate 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 international instrument(s)  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
  4. 4. IGC 9 (April 2006) WIPO/GRTKF/IC/9/4 “The Protection of Traditional Cultural Expressions/Expressions of Folklore. Revised Objectives and Principles” WIPO/GRTKF/IC/9/5 “The Protection of Traditional Traditional Knowledge. Revised Objectives and Principles”
  5. 5. IGC 10 (Dec 2006) List of Issues 1. Definition of TCEs and TK that should be protected. 2. Beneficiaries 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 national regulation? 10.How should foreign rights holders/beneficiaries be treated?
  6. 6. 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 2008. Update of documents by means of factual extractions of comments to list of ten issues
  7. 7. 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 provide protection; -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
  8. 8. 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
  9. 9. Challenges • National and regional work continues • Work with other foras – taking current issues into other international foras • Non-Binding versus Binding International Instrument(s) • Existing IP Protection versus Sui Generis
  10. 10. 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 – CBD • 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
  11. 11. Thank You Susanna Chung