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WIPO Delegates bend minds to traditional knowledge

In brief: Allens Lawyer Anne Donaldson reviews the meeting of World Intellectual Property Organization delegates that examine proposals for the protection of traditional knowledge and folklaw.

WIPO meeting

Protection of traditional knowledge and folklore was the subject of consideration for a meeting of World Intellectual Property Organization (WIPO) delegates in Geneva last week. Submissions are invited to be made, by 25 February 2005, on a series of draft proposals and proposed amendments.

In reviewing the set of draft provisions, covering policy objectives and principles for the protection of traditional knowledge against misappropriation and misuse, delegates of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (the Committee) explored a number of key issues, including:

  • the need to take account of the underlying rights of indigenous peoples;
  • the appropriate form of legal protection for traditional knowledge;
  • the relation of any mode of protection for traditional knowledge to existing intellectual property (IP) systems and the possible reforms of such IP systems;
  • how to set an appropriate boundary between international and national legal measures;
  • the relationship between protection of traditional knowledge and other legal and policy considerations; and
  • how to determine the beneficiaries of any protection system.

Another important question which came under consideration was how any system for the protection of traditional knowledge should deal with past misuse or misappropriation.

The proposals the delegates worked from were:

distilled from views expressed by WIPO Member States and a wide range of indigenous and local communities, and also drew on a range of national and regional laws. They served as a springboard for a concentrated, focussed debate on the appropriate content of international protection of traditional knowledge and traditional cultural expressions. While significant issues remain to be resolved by member states, the progress made last week was very promising (Francis Gurry, WIPO Deputy Director General).

Importantly, the Committee agreed to enhance the role of traditional knowledge holders in its work. Over 100 non-governmental organisations, representing indigenous traditional owners and local communities, were included as observers at the November meeting and a number of procedures were agreed upon to allow such representatives a greater 'voice' in the Committee's work.

The next session of the Committee is scheduled for June 2005.

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Background

WIPO's work in relation to traditional knowledge is aimed at developing specific legal tools to protect community heritage, in the form of traditional knowledge and genetic resources (within a traditional cultural context).

WIPO has been working on this area since 1998 and similar work is being undertaken to consider disclosure requirements in IP systems for genetic resources and associated traditional knowledge by organisations including the Convention on Biological Diversity, the European Union and the Patent Cooperation Treaty.

The Committee met for the first time in 2001 and concluded its initial mandate in 2003, this phase having largely involved policy discussion and research. Having received a stronger and expanded mandate for the next two years, the body is now involved in more practical analysis and the development of legal frameworks, with a focus on achieving outcomes at an international level as well as providing support and policy input at national and regional levels.

Firm outcomes from WIPO are probably still a number of years off, as a lot more work is required by all stakeholders before appropriate international and national measures to protect traditional knowledge and folklore are determined and implemented.

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Further Information

Drafts of the initial proposals are available from the WIPO website http://www.wipo.int/tk/en/

For further information, please contact:

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