Members of the World Intellectual Property Organisation (WIPO) have identified a number of steps in order to move forward long-running discussions on the policy, legal and practical aspects of the protection of genetic resources, traditional knowledge and folklore.

The WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) met from 25-29 February in Geneva.

Although the committee was created in 2000, its work has been inconclusive. This was the IGC's first session since its mandate was renewed for two years last September following WIPO members' continuing disagreement on whether to conclude a new international treaty to protect genetic resources, traditional knowledge, and folklore against misappropriation. In general, biodiversity-rich developing countries want an international legally binding instrument, whereas industrialised countries such as the US, Japan, and Canada are opposed to seeing the committee's work move towards this objective.

The renewed mandate calls for the IGC to concentrate on "the international dimension" of the relationship between intellectual property and genetic resources, traditional knowledge, and folklore, including possible international instruments. Governments are discussing the same issues elsewhere - not least in the WTO and the Convention on Biological Diversity - and the mandate specifies that discussions at the IGC are without prejudice to work pursued in other fora.

The committee elected Jaya Ratnam, Singapore's deputy permanent representative to the United Nations in Geneva, as its new chair.

As in previous meetings, developed and developing countries agreed that progress was necessary, but disagreed on what it would entail. Developed countries continued to call for further discussion and analysis of the relationship between intellectual property and genetic resources, traditional knowledge, and folklore. The US, for example, said a fuller understanding of the issues was necessary. Japan argued that no clarity had yet been achieved regarding basic definitions, or even the objectives of the discussions. The EU thought it premature to discuss the international aspects of preventing misappropriation

Developing countries, on the other hand, pushed for a move towards an international legally binding instrument to prevent the misappropriation of traditional knowledge and folklore, particularly given the fact that IGC first met in 2001. India remarked that domestic experiences and national views are now well known, and "it is time that we reflect on all that we have said, and explore opportunities to come to some sort of conclusion." Brazil also said that "discussions needed to move beyond statements."

The African Group submitted a proposal aimed at guiding the future work of the committee. The proposal called for accelerating work on what it sees as the ultimate objective of the IGC process: the development and adoption of a legally binding international instrument for the protection of traditional knowledge, traditional cultural expressions and genetic resources. Other recommendations included the establishment of a "focused expert group" to "further study the outstanding issues thereby building consensus to advise the committee." As it was submitted on the last day of the deliberations, there was limited discussion of the African proposal. Nevertheless, it was widely welcomed as a good starting point for the next IGC meeting.

The IGC continued its consideration of the protection of traditional knowledge (TK) and traditional cultural expressions (TCEs) through two processes: an agreed list of issues on each topic; and two draft sets of "Revised Objectives and Principles" for the protection of each. However, little substantial discussion took place. Most countries raised a number of the same basic conceptual issues that the IGC has been grappling with for many years without significant advances.

In light of this situation, a "gap analysis" was proposed as a way to identify points of divergence, while re-focusing the IGC on the issues on which consensus exists. WIPO Members agreed to such a gap analysis for traditional knowledge and for traditional cultural expressions. These analyses will describe existing international obligations, provisions and possibilities for the protection of both, as well as the existing gaps in such protection, considerations relevant to determining whether those gaps need to be addressed, and the possible options - legal and otherwise - to address them. These documents will be made available by the WIPO Secretariat in draft form by 31 May. Participants in the IGC will have the opportunity to comment on the drafts by the end of June after which final drafts will be published by mid-August for consideration by the IGC in October.

Given time constraints, genetic resources were not discussed. On behalf of the EU, Slovenia suggested placing genetic resources as the first item on the agenda for the next IGC meeting. Latin American, Caribbean, and African countries argued it would be more appropriate to focus discussions on traditional cultural expressions, as deliberations on that topic are more advanced. Members ultimately agreed that the next IGC meeting would allot sufficient time to genetic resources as well as traditional knowledge and folklore.

At the outset of the meeting, the IGC approved sixteen requests for accreditation from various indigenous peoples groups and non-governmental organizations.
Participation by indigenous communities has become an important feature in IGC discussions. This session of the IGC was the first after the UN's adoption of a Declaration on the Rights of Indigenous Peoples, which recognised the right of indigenous peoples "to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions."

Despite the agreement on how to proceed, various Members expressed their frustration with the lack of substantive discussions at the meeting. It is still unclear whether the agreed work plan with achieve a more in-depth debate. The next IGC session, with a view to accelerating work, will consider establishing inter-sessional mechanisms to push the talks forward in a structured and focused manner.

The next IGC meeting is scheduled for 13-17 October.

ICTSD reporting.