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    New Text Issued In WIPO Genetic Resources Talks

    Published on 6 February 2013 @ 4:19 pm

    By , Intellectual Property Watch

    The first revision of what could become an international instrument on the protection of genetic resources was issued this morning and submitted for comments from World Intellectual Property Organization delegates.

    [Note: link fixed] The revision of the Consolidated Document [pdf] Relating to Intellectual Property and Genetic Resources now contains a list of terms, a preamble, two policy objectives, and seven articles, followed by a drafting annex (an annex containing what remains after the drafting of the text from the original version).   

    On 5 February, the delegations of Canada, Japan, South Korea, and the United States submitted a new document [pdf], referred to as the joint proposal, to the WIPO secretariat for discussion by the 23rd session of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) as a working document.

    The new document is a joint recommendation on the use of databases for the defensive protection of genetic resources and traditional knowledge associated with genetic resources.

    New Structure, Impartiality, Facilitator Says

    According to Ian Goss of Australia, one of the three facilitators appointed to draft revisions of the text according to the inputs from regional experts, the facilitators aimed at giving clarity, improving the content in structure, and removing repetitions. The two other facilitators are Emmanuel Sackey from the African Regional Intellectual Property Organization (ARIPO), and Biswajit Dhar from India.

    Importantly, Goss said, “we are impartial” and aim to reflect all positions within the text. The revised consolidated document now contains two parts, he said. The first part contains the revised text and the second part being an annex incorporating all deleted text that does not appear anymore in the first part, he said.

    In addition, he said the facilitators, working with the expert group, identified in the objectives section many overarching or declaratory statements that are relevant to all three texts under negotiation. There are also IGC texts being negotiated on traditional knowledge and traditional cultural expressions. To address the overarching dimension, Goss said a preamble section was established.

    The first revision also now contains only two core objectives, compared to the five in the original version (IPW, WIPO, 1 February 2013), by merging them. Neither objective is agreed by all, he said.

    Article 3, which previously had a long title with several sets of brackets, and deals with the sensitive issue of the mandatory disclosure of genetic resources in patent applications, is now just titled “Scope of instrument” and shows two options.

    Option 1 establishes mandatory disclosure requirement and describes all key elements of the disclosure formality such as triggers, exclusions, contents of disclosure, actions of the office, and sanctions.

    Option 2 presents a “Defensive protection” without a mandatory disclosure relating to genetic resources, in particular the establishment of databases of traditional knowledge and genetic resources.

    The joint proposal submitted on 5 February advocates the use of databases. Proponents of the proposal are in starch opposition to a mandatory disclosure requirement, while developing countries say it is key to the future instrument.

    Delegates reconvening this morning in plenary asked for some time to analyse the revised version of the text and were coming back in plenary this afternoon to finish delivering their comments.

    The expert group will then continue its work. The group works in closed committee but their deliberations are transmitted in the plenary room.

     

    Catherine Saez may be reached at info@ip-watch.ch.

     

    Comments

    1. New Text Issued In WIPO Genetic Resources Talks – Intellectual Property Watch | Legal Planet says:

      [...] Read this article: CLICK HERE TO READ THE ARTICLE [...]


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    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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