WIPO moves forward on traditional knowledge protections

IFACCA/Artshub,
07 January 2003, Switzerland

The World Intellectual Property Organization (WIPO) has reported that the fourth session of its Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), held in Geneva in December, made progress on clarifying policy issues and practical tools for protecting traditional knowledge and cultural expressions. Established by the WIPO General Assembly in October 2000, the IGC is open to all member states, while United Nations member states, intergovernmental organisations and accredited non-governmental organisations (NGOs) may participate as observers. Highlights of the meeting, according to a WIPO statement, included:
  • approval of the launch of a pilot online database (located at www.wipo.int/globalissues/databases/contracts/index.html) of legal practices and clauses relating to intellectual property, access to genetic resources and benefit sharing
  • initial consideration of a draft study on disclosure requirements in patent applications related to genetic resources and traditional knowledge
  • a deepening of the IGC’s study of legal measures for protecting traditional knowledge (TK), both through existing intellectual property protection systems, and under distinct TK (or 'sui generis') systems
  • the approval of further development of a draft tool-kit for managing the intellectual property implications of the documentation of TK and biological resources, in order to allay concerns that the very process of documenting the knowledge can undercut the interests of rights holders
  • the review of a range of legal approaches and information materials for protecting folklore, and the discussion of a detailed study on its protection ‘The next IGC session [in July] will consider further the possible development of model provisions for national laws and the international protection of traditional cultural expressions,’ continued the statement, which also notes that concrete conclusions and recommendations from this meeting will go to the WIPO Assembly in September/October.