Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore

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Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC)
Date2001 (2001)–present
Venue WIPO headquarters
Location Geneva
Also known asIGC, IGC-GRTKF
TypeIntergovernmental Committee
Theme Intellectual property, indigenous peoples, traditional knowledge, traditional cultural expressions, genetic resources, biopiracy, peasants' rights, plant breeders' rights, plant genetic resources
Organized by WIPO
OutcomeTreaty or treaties.
Website IGC website

The Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC, or IGC-GRTKF) is in charge of negotiating one or several international legal instruments (treaty) to protect traditional knowledge, traditional cultural expressions, and genetic resources in relation with intellectual property, [1] thus bridging existing gaps in international law. [2] [3] [4] The IGC is convened in Geneva by the World Intellectual Property Organization (WIPO), and has been meeting regularly since 2001. [5]

Contents

Based on part of IGC's work, [6] a new treaty on patents, genetic resources, and associated traditional knowledge is expected to be adopted in May 2024. [7]

Work

The IGC convenes an Indigenous panel at every meeting, and has created the WIPO Voluntary Fund for Member States to fund the active participation and involvement of indigenous communities and civil society stakeholders. [8]

A number of documents have been issued to guide the works of the IGC, including a series of Background brief documents, as well as guidelines and other information documents.

The IGC has also developed draft international legal instruments on traditional knowledge, traditional cultural expressions, and genetic resources.

According to the United States Patent and Trademark Office,

Since 2009, the WIPO IGC has been engaged in separate text-based negotiations on (1) an international legal instrument for the protection of genetic resources and associated traditional knowledge and (2) an international legal instrument for traditional knowledge and traditional cultural expressions. [9]

History and mandate

The IGC was established in 2001 by the General Assembly of WIPO, which reviews, updates, and extends the mandate of the IGC every 2 years at the Assembly's September meetings. [10] [11]

The IGC had a first diplomatic crisis in 2003, as "the enormity of its task was becoming clearer, as was the gulf in expectations among states as to the IGC's overall purpose and anticipated outcomes." [12] The crisis lasted until 2009, when WIPO Assembly "agreed on a much-strengthened mandate" for the IGC, asking it to draft a legal instrument towards the convening of a Diplomatic Conference to adopt one or several treaties. [12]

Since 2010, the mandate of the IGC has remained mostly unchanged: to conclude a consensual text which would bridge the gaps between the numerous existing international legal instruments provide some, but insufficient protection on either traditional knowledge, traditional cultural expressions, or genetic resources (UNDRIP, Convention on Biological Diversity, Nagoya Protocol, FAO plant treaty, UNESCO conventions on culture and intangible heritage, etc.), none of which include explicit protections for indigenous peoples and local communities. [1] [12]

IGC's negotiations were suspended in 2020 because of the pandemic of Severe acute respiratory syndrome coronavirus 2, resuming in 2022. [12] That same year, the IGC agreed to move on to the next steps of treaty negotiation, and WIPO agreed to convene a Diplomatic Conference by 2024 to consider a draft treaty that the Committee had been working on. [13]

Proposed Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

As explained on the website of the Diplomatic Conference:

On July 21, 2022, the WIPO General Assembly decided to convene a Diplomatic Conference to conclude an International Legal Instrument Relating to Intellectual Property, Genetic Resources and Traditional Knowledge Associated with Genetic Resources no later than 2024. [7]

Ahead of the Diplomatic Conference, two extraordinary meetings were convened to prepare the Conference. A Special Session of the IGC (4–8 September 2023) and a Preparatory Committee of the Diplomatic Conference (11–13 September, and 13 December 2023).

2022: Selection on the draft text

The selection of the draft text that had to serve as a basis for the negotiations of the final text of the treaty received some criticism from civil society observers. [6] [14] The 2022 WIPO General Assembly decided that a short version of the draft (the "Chair's text") which had been drafted by Australian ambassador Ian Gross, Chair of the IGC in 2019, would be the basis for the treaty's negotiations. Prior to that decision, the text which was expected to be used as basis for the negotiations was the "Consolidated text," a more comprehensive document on which IGC Member States had been working on by consensus during years. [6]

Contrary to the Consolidated text which addressed traditional knowledge and traditional cultural expressions as such, and different forms of intellectual property, the Chair's text focused only on genetic resources and the patent system. [15]

In August 2023, India submitted a proposal with a series of amendments to the Chair’s text, aiming to add back some elements from the Consolidated text in the discussion.

2023: IGC Special Session and Preparatory Committee

The Special Session which took place from 4 to 8 September 2023, reviewed part of the Chair's text containing substantive articles. The Preparatory Committee which was held the week after, addressed administrative and procedural parts of the draft. [16] Jointly, these two meetings yielded a revised draft, which serves as the basis for the 2024 Diplomatic Conference discussions.

The Preparatory Committee also adopted Draft Rules of Procedure for the Diplomatic Conference, as well as a List of Invitees. On 13 September 2023, the committee had to suspend its session due to the absence of submission by Member States of proposals to host the Diplomatic Conference. On 13 December, the committee reconvened to adopt a decision to hold the Diplomatic Conference at WIPO's headquarters in Geneva, facing the lack of alternative proposals. [17]

2024: Diplomatic Conference

The Diplomatic Conference is convened in Geneva, Switzerland, between 13 and 24 May 2024. [18] It is expected to negotiate and amend the draft resulting from the Special Session and Preparatory Committee, and adopt it as a legal instrument (treaty, convention, or other). The future treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge, is often referred to by its acronym "GRATK." [19]

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References

  1. 1 2 Assemblies of the Member States of WIPO (2021). "Mandate of the IGC 2022-2023; DECISION on Agenda Item 18 (Report on the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore) of the Sixty-Second Series of Meetings" (PDF). WIPO .
  2. ↑ "The Protection of Traditional Cultural Expressions: Updated Draft Gap Analysis". www.wipo.int. 6 July 2018. Retrieved 28 February 2022.
  3. ↑ "The Protection of Traditional Knowledge: Updated Draft Gap Analysis". www.wipo.int. 20 July 2018. Retrieved 28 February 2022.
  4. ↑ Vivas-Eugui, David (2012). Bridging the Gap on Intellectual Property and Genetic Resources in WIPO's Intergovernmental Committee (IGC) – ICTSD Programme on Innovation, Technology and Intellectual Property, Issue Paper No. 34 (PDF). Geneva: International Centre for Trade and Sustainable Development. Archived from the original (PDF) on 21 July 2018. Retrieved 28 February 2022.
  5. ↑ WIPO (2001). "Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore: First Session (April 30 to May 3, 2001)". www.wipo.int. Retrieved 28 February 2022.
  6. 1 2 3 Third World Network (2023). "WIPO: IGC special session to discuss draft text on legal instrument on IP and genetic resources amidst biopiracy legitimisation concerns". twn.my. Retrieved 5 September 2023.
  7. 1 2 WIPO (2023). "Diplomatic Conference to conclude an International Legal Instrument Relating to Intellectual Property, Genetic Resources and Traditional Knowledge Associated with Genetic Resources". www.wipo.int. Retrieved 5 September 2023.
  8. ↑ "Participating in the IGC". www.wipo.int. Retrieved 28 February 2022.
  9. ↑ Patent and Trademark Office (2023). "WIPO IGC Negotiations on Genetic Resources and Associated Traditional Knowledge". Federal Register .
  10. ↑ Robinson, Daniel F.; Abdel-Latif, Ahmed; Roffe, Pedro (14 July 2017). Protecting Traditional Knowledge: The WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore. Taylor & Francis. ISBN   978-1-317-35486-4.
  11. ↑ Robinson, Daniel F.; Abdel-Latif, Ahmed; Roffe, Pedro, eds. (2017). Protecting traditional knowledge: the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore. Routledge Research in International Environmental Law. London, [England]: Routledge. ISBN   978-1-317-35485-7.
  12. 1 2 3 4 Wendland, W (2022). "International negotiations on Indigenous knowledge to resume at WIPO: a view of the journey so far and the way ahead". WIPO . Retrieved 28 February 2022.
  13. ↑ "WIPO Member States Approve Diplomatic Conferences for Two Proposed Accords". www.wipo.int. Retrieved 13 April 2023.
  14. ↑ Muñoz Tellez, Viviana (2022). "A Breakthrough in Negotiations on Intellectual Property, Protection of Genetic Resources and Traditional Knowledge in WIPO?" (PDF). South Centre, Policy Brief No. 113.
  15. ↑ WIPO Traditional Knowledge Division (2023). "Draft Text on Genetic Resources and Associated Traditional Knowledge: Executive Summary" (PDF). WIPO .
  16. ↑ Oguamanam, Chidi (3 September 2023). "WIPO-IGC – Special Session on Genetic Resources and Preparatory Committee on the Diplomatic Conference on GRs: The Advent of the Political Process". ABS Canada. Retrieved 5 September 2023.
  17. ↑ WIPO. "Press release – Diplomatic Conference on Proposed Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge to be held in May 2024 at WIPO's Geneva Headquarters". www.wipo.int. Retrieved 14 December 2023.
  18. ↑ WIPO. "Press release – Diplomatic Conference on Proposed Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge to be held in May 2024 at WIPO's Geneva Headquarters". www.wipo.int. Retrieved 14 December 2023.
  19. ↑ Conkievich, Elaine (2019). "Closing workshop of ABS Global project". UNDP . Retrieved 14 December 2023.
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