After ten years of deliberations, the 19th session (18-22 July 2011) of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC/GRTKF) submitted a Decision for approval to the WIPO General Assembly (26 September-5 October 2011) that could pave the way for the General Assembly in 2012 to convene a Diplomatic Conference on an international legal instrument(s) for the protection of genetic resources, traditional knowledge and traditional cultural expressions (TCEs).
Three thematic meetings of the IGC will be scheduled in 2012 prior to the General Assembly next year. The first thematic IGC in 2012 is scheduled for eight days in February 2012 and will focus on genetic resources. As the WIPO text for genetic resources (WIPO/GRTKF/IC/19/7) is the least mature and only consists of draft objectives and principles, the lengthened eight day meeting (including a Saturday session) is intended to hammer out a text of an international legal instrument for the protection of genetic resources. The thematic meeting for traditional knowledge is scheduled for April/May 2012, and the thematic meeting for traditional cultural expressions is scheduled for July 2012. The texts of international legal instrument(s) produced from the three thematic IGCs will be submitted to the WIPO General Assembly in 2012. The Assembly “will take stock of and consider the text(s), progress made and decide on convening a Diplomatic Conference, and will consider the need for additional meetings, taking account of the budgetary process.”
The implications of any future sui generis WIPO treaties for the protection of genetic resources, traditional knowledge and folklore on the knowledge ecosystem is still an open question; 2012 should prove a testing time for WIPO as competing visions on the role of mandatory requirements for disclosure of genetic resources and patents on life come to a head.
WIPO General Assembly
Forty-Ninth Session
September 26 to October 5, 2011Matters Concerning the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore
Agenda Item 26
DECISION
Bearing in mind the Development Agenda recommendations, the WIPO General Assembly agrees that the mandate of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore be renewed as follows.
(a) The Committee will, during the next budgetary biennium (2012/2013), and without prejudice to the work pursued in other for a, expedite its work on text-based negotiations with the objective of reaching agreement on a text(s) of an international legal instrument(s) which will ensure the effective protection of GRs, TK and TCEs.
(b) The Committee will follow, as set out in the Annex, a clearly defined work program, based on sound working methods, for the 2012/2013 biennium. This work program will make provision initially for four sessions of the IGC, three of which will be thematic, as detailed in the future work program of the IGC, taking into account sub paragraph (d) with regard to the possible consideration by the General Assembly in 2012 of the need for additional meetings.
(c) The focus of the Committee’s work in the 2012/2013 biennium will build on the existing work carried out by the Committee and us all WIPO working documents, including WIPO/GRTKF/IC/19/4, WIPO/GRTKF/IC/19/5, WIPO/GRTKF/IC/19/6, WIPO/GRTKF/IC/19/7, which are to constitute the basis of the Committee’s work on text-based negotiations, as well as any other textual contributions by Members.
(d) The Committee is requested to submit to the 2012 General Assembly the text(s) of an international legal instrument(s) which will ensure the effective protection of GRs, TK and TCEs. The General Assembly in 2012 will take stock of and consider the text(s), progress made and decide on convening a Diplomatic Conference, and will consider the need for additional meetings, taking account of the budgetary process.
(e) The General Assembly requests the International Bureau to continue to assist the Committee by providing Member States with necessary expertise and funding, in the most efficient manner, of the participation of experts from developing countries and LDCs, taking into account the usual formula.
(f) With a view to enhancing the positive contribution of observers, the General Assembly invites the Committee to review its procedures in this regard. To facilitate their review, the General Assembly requests to secretariat to prepare a study outlining current practices and potential options.
Date Activity February 2012 IGC 20 (GRs). Undertake text based negotiations with a focus on considering options for a draft legal text as detailed in WIPO/GRTKF/IC/19/7. In developing this text the IGC should also carefully consider texts already submitted by Members. Duration 8 days, including Saturday. April/May 2012 IGC 21 (TK) Focus on 4 key Articles viz Subject matter of Protection, Beneficiaries, Scope of Protection and Limitations and Exceptions. July 2012 IGC 22 (TCEs) Focus on 4 key Articles viz Subject matter of Protection, Beneficiaries, Scope of Protection and Limitations and Exceptions. September 2012 WIPO General Assembly 2013 IGC 23 Consider decision of General Assembly and take stock of further work required to finalize the text/s.