WIPO Assembly Still Divided On Normative Work On Traditional Knowledge

Discussions on the future of the World Intellectual Property Organization committee on traditional knowledge and genetic resources are heating up as some developed countries seek to delay normative work for the next biennium and favour information sessions, and developing countries are eager to go back to discussion on actual treaty texts.

A new draft decision issued by the facilitator appointed by the chair was circulated to delegates last night and reflected large differences on what should become of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC).

The draft decision includes several alternatives, which, according to sources, come from inputs from the United States, the European Union, and the Group of Central European and Baltic States (CEBS).

In particular, the alternative proposed by the EU and the US calls for evidence-based approach and safeguarding the public domain, while the other alternative requests a text-based negotiations.

Also, one of the alternatives suggests that in 2016, the IGC report to the General Assembly on the progress made, and in 2017, “submit to the General Assembly the text(s) of an international legal instrument(s) which will ensure the effective protection of GRs, TK and TCEs.” However, the 2017 GA should “take stock of progress made, and decide on whether to convene a diplomatic conference [high-level negotiations] or continue negotiations.”

The EU proposes that in 2016, the IGC provide, “for information only, a factual report to the General Assembly on its work up to that time, and in 2017, submit to the General Assembly the results of its work. The General Assembly in 2017 will take stock of progress made, and decide on next steps.” The EU wants a new mandate for the IGC, with no normative work, according to a source. [updated]

The CEBS group suggested that based on the IGC discussions, “the GA in 2016 will decide whether it is timely for the Committee to go back to text-based discussions. The GA in 2017 will decide on the appropriate next steps.”

The IGC did not meet during the past year as no agreement was found at the last WIPO General Assembly on its work programme. Delegates are trying to avoid the same scenario at this year’s General Assembly, taking place from 5-14 October.

The IGC is not a permanent committee and its mandate needs to be renewed every two years, which is the case this year.

The main issue blocking consensus is whether or not the IGC should conduct work toward a treaty – or several treaties – protecting genetic resources (GR), traditional knowledge (TK), and traditional cultural expressions (TCEs).

Developing countries, which have been the demandeurs for the work of the IGC, seek an international legally binding instrument to protect GR, TK and TCEs from misappropriation. The African Group has asked that the committee be made permanent, while the Group of Latin American and Caribbean Countries (GRULAC), as well as a group of countries including Switzerland, Norway, New Zealand, and Kenya have asked that the mandate of the committee be renewed.

The United States has suggested that the IGC suspend its work for the next biennium, and be replaced by seminars and conferences.

Ian Goss of Australia, facilitator for the IGC issue, has been trying to reach consensus among member states informally since July, according to sources. He said three main issues are bogging down the discussions: the purpose of the work of the IGC and whether it should be normative, the focus of work, and the goal of the work.

The African Group said the positions in the current draft seem irreconcilable and that it was worried that a middle ground cannot be reached. The Nigerian delegate, speaking for the group, said more than two-thirds of the WIPO membership is in favour of renewing the mandate and only the United States, Europe and the CEBS group are resisting normative work. The facilitator’s text should reflect the view of the majority, not the minority, she said.

India for the Asia and Pacific Group also underlined the majority of countries being in favour of renewing the mandate and spoke in favour of a legal instrument with a clearly defined work programme, underlining the resources invested in the last 15 years of the IGC process. “We should do some introspection and whether we are serious about the future of the organisation,” he said.

GRULAC also spoke in favour of the renewal of the mandate, and on text-based negotiations in the IGC. New elements that have been brought to the discussion should not change the path of the facilitation process, Brazil said on behalf of the group.

The Group B developed countries said it was not a matter of majority or minority, or the issue being positive or negative. The CEBS group echoed that, saying compromise can only be found between different views, and that the group regrets that the number of supporters of a certain position has become a negotiating argument.

Goss said he would produce a fourth version of the text, which would not include several alternatives. “I have reviewed different positions and there is a middle ground but it requires some compromise on both sides,” he said.

Delegates have gone back to informal discussions to try to settle the issue on the IGC, before the General Assembly ends tomorrow.

Tonight, ambassadors are being hailed to meet at WIPO to try to resolve differences over issues at the General Assembly, especially the budget for the next biennium.