DRAFT WIPO Toolkit on TK for Comment

While a wide range of tools have been developed to protect Traditional Knowledge (TK) and Traditional Cultural Expressions (TCEs), the focus has primarily been on documentation. With emerging concerns that documentation has potential effects on the rights, cultures and livelihoods of indigenous peoples and local communities, partly through placing TK and TCEs in the ‘public domain’, the World Intellectual Property Organisation (WIPO) has produced a draft Traditional Knowledge Documentation Toolkit to address some of these concerns. WIPO is seeking input on the draft towards a final publication. 

The Toolkit seeks to offer practical guidance on how to undertake a TK documentation exercise as a process and how to address critical intellectual property-related issues and questions as they surface during this effort. The Toolkit primarily focuses on TK but much may also apply to TCEs. The Toolkit does not promote documentation or suggest any one approach to intellectual property management, but rather offers a menu of alternatives to be taken into account in documentation projects and efforts. 

A summary of the consultation draft of the Toolkit can found here, and the Toolkit can be downloaded in English here (drafts in Spanish and French are being prepared). Comments and suggestions should be sent to grtkf@wipo.int.

WIPO Indigenous Fellowship - Applications Open

The World Intellectual Property Organisation (WIPO) is seeking expressions of interest from indigenous individuals for the WIPO Indigenous Fellowship for 2013. The Fellowship seeks to build on a series of initiatives to ensure that Indigenous peoples are actively and effectively involved in the work of WIPO on issues that matter to them.

Fellows will work under the Director of the Traditional Knowledge Division of WIPO to assist in outreach to Indigenous peoples and local communities on intellectual property issues, contribute to and participate in the Secretariat of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, assist in planning and undertaking WIPO activities relevant to the UN Permanent Forum on Indigenous Issues, the Expert Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur on the Rights of Indigenous Peoples, carry out relevant research and draft and prepare WIPO documents, and perform tasks that may be required in the context of the work of the Division. 

Applicants are expected to be recognised and active members of an Indigenous community, to have proven experience in Indigenous outreach, to hold legal qualifications or equivalent practical experience  with a preference for experience in intellectual property law, and to demonstrate the ability to work effectively in English (at least one other UN language would be an advantage). 

Find more details on the fellowship and how to apply here. 

Continuing Negotiations on Traditional Cultural Expressions Legal Instrument

The World Intellectual Property Organisation’s (WIPO) Intergovernmental Commission’s (IGC) negotiations on the draft text of an international legal instrument on the protection of traditional cultural expressions (TCEs) continued from 13-17 July, 2012. The WIPO Secretariat announced that good progress was made on the definition of protectable TCEs, the identification of beneficiaries, and exceptions and limitations to the scope of protection. An informal expert group has been established to reduce the number of options in the text. The text will be shared with the WIPO General Assembly as a work in progress when it meets in October 2012. The General Assembly will consider the need for additional IGC meetings and decide whether to convene a Diplomatic Conference. 

There is still no consensus on whether the negotiations will result in three separate instruments on genetic resources, traditional knowledge and traditional cultural expressions, or if there will be one combined instrument. There is also disagreement around the nature of the instrument(s), namely whether they will be legally binding or not. 

While representatives of indigenous peoples were allocated a greater role in the discussions, they were not able to achieve the changes in the WIPO rules that they sought. The Indigenous Peoples’ Caucus released a closing statement expressing their disappointment that the IGC ‘has not substantive and concrete steps to ensure the full, equal, and direct participation of Indigenous Peoples in WIPO Processes that affect us.’ 

A summary of the proceedings can be found here. The meeting documents can be found here. The Indigenous Peoples' Caucus's closing statement can be found here. 

Policy Brief on IPRs and Rio +20

In the aftermath of the United Nations Convention on Sustainable Development (Rio +20), Ahmed Abdel Latif of the International Centre for Trade and Sustainable Development has prepared a policy brief entitled ‘Intellectual Property Rights and Green Technologies from Rio to Rio: An Impossible Dialogue?’ The brief considers the absence of Intellectual Property Rights (IPRs) out of Rio +20 relative to the 1992 Conference on Sustainable Development. It examines why common ground was not found at Rio +20. 

The brief “seeks to answer these questions by examining the evolution of the global debate on IPRs and green technologies from the Earth Summit in 1992 to Rio+20. It then makes some suggestions about how to foster a more constructive dialogue on this issue in the aftermath of the Rio+20 Summit.” 

The brief can be downloaded here.

Africa Workshop for ILCs in Preparation for CBD COP 11

The first of three regional workshops in preparation for the 11th Conference of the Parties to the Convention on Biological Diversity (CBD) is taking place from 9-14 June in Bujumbura, Burundi. This workshop has been organized jointly by the CBD Secretariat and the Access and Benefit Sharing (ABS) Capacity Development Initiative and brings together nearly 50 representatives from indigenous and local communities (ILCs) from across the Africa. 

The workshop is split into two sections. The first section will concentrate on the CBD, in particular articles 8j and 10c, and includes a closer look at the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits arising from their Utilization. Gino Cocchiaro, Lassana Kone and Johanna von Braun from Natural Justice supported this last segment through an introduction to biocultural community protocols and their value in the context of ABS. 

The second section of the workshop includes an introductory training on Intellectual Property Rights (IPRs) and ABS, organized on the specific request of ILC representatives to the ABS Initiative, with the aim of better understanding IPRs.

Expert Meeting on ABS and IPRs

Johanna von Braun and Sabine Zajderman (Natural Justice) attended the Expert Meeting on Access and Benefit Sharing (ABS) and Intellectual Property Rights (IPRs) from 5-9 September in Addis Ababa, Ethiopia. The meeting was organized by the ABS Capacity Development Initiative for Africa (ABS Initiative) in cooperation with the Ethiopian Institute of Biodiversity Conservation.

This was the first meeting discussing ABS implementation in light of the Nagoya Protocol and its links to IPRs in the African context. The workshop aimed to provide a dialogue platform for representatives from African countries and international IPR experts to explore the challenges of linking ABS and IPRs in a coherent manner when implementing ABS at the national and sub-regional levels. Concrete practical experiences on ABS cases linked to IPRs were presented and formed the basis of intensive discussions.

During the course of the week, participants were briefed on: (i) the Nagoya Protocol on ABS, with a special focus on the interlinkages between ABS and IPRs and their significance for the implementation of the Nagoya Protocol in domestic and sub-regional policies and regulations; and (ii) the process and status of negotiations under the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO) regarding IPR aspects related to ABS. They then reflected on intellectual property aspects and considerations that will have to be taken into account in the development and implementation of ABS policies and regulations at national and sub-regional levels while discussing the development of effective institutional coordination mechanisms between the relevant competent national and international authorities. Also thoroughly examined were the practicality of different intellectual property instruments used along the value chain, research, and/or product development process of genetic resources and associated traditional knowledge, particularly Prior Informed Consent (PIC), Mutually Agreed Terms (MAT) and the granting of access permits.

On the last day on the meeting, a calendar of ABS- and IP-related events and meetings was set up with the view to prepare the African Group for the 11th Conference of the Parties to the Convention on Biological Diversity (CBD COP 11) in October 2012. The meeting ended with a visit to the Ethiopian Institute of Biodiversity Conservation, formerly known the Plant Genetic Resources Centre, which safeguards Africa’s oldest and largest gene bank and, since its inception in 1976, has accomplished remarkable work in exploration, collection, and conservation of plant genetic resources.