WIPO Assembly Extends Talks On Traditional Knowledge, Design; Sets Policy For New Offices

Near dawn today, World Intellectual Property Organization members agreed to continue working in committee toward an international agreement or agreements on the protection of traditional knowledge, genetic resources and folklore, rescuing the committee for another two years. Members also agreed to hold a final treaty negotiation on a design law treaty in early 2017, but left differences on inclusion of disclosure of origin to later.

Delegates also agreed on principles for opening new WIPO offices outside of Geneva, with priority given to Africa. They foresee up to three offices in each of the next two biennia, 2016/2017 and 2018/2019.

There did not appear to be an agreement on the work of the Standing Committee on Copyright and Related Rights (SCCR), so it presumably will continue meeting as scheduled and discuss its work program in committee.

The annual WIPO General Assembly took place from 5-14 October, and ended this morning after an all-night closed-room session.

IGC to Resume Work, No Prejudged Outcome

Renewal of the mandate of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) kept delegates in informal consultations until the last hour.

The decision [pdf] [corrected] adopted by the Assembly this morning reflects an attempt to accommodate divergent views on the committee’s work. The decision also includes a detailed work program for the next two years.

The committee mandate was expiring, and many members wanted the IGC to continue conducting policymaking with the aim of delivering one or several treaties protecting genetic resources (GRs), traditional knowledge (TK), and traditional cultural expressions (TCEs) against misappropriation. Other members wanted to stop the longstanding negotiations and move to a softer approach such as seminars and studies.

Developing countries, the demandeurs of the protection, sought to continue negotiations on legally binding rules, while some [clarified] developed countries, particularly the European Union, were of the view that the IGC should not be working on normative issues. [Clarification: A number of other developed countries, such as Switzerland, Norway and New Zealand, supported continuation of the normative mandate at the IGC.]

According to the decision, the IGC is expected to focus on “narrowing existing gaps…., including text-based negotiations, with the objective of reaching an agreement of an international legal instrument(s), without prejudging the nature of outcome(s), relating to intellectual property which will ensure the balanced and effective protection” of GRs, TK, and TCEs.

The decision also instructs the IGC to try to reach a common understanding on core issues, “including definition of misappropriation, beneficiaries, subject matter, objectives, and what TK/TCEs subject matter is entitled to protection at an international level, including consideration of exceptions and limitations and the relationship with the public domain.”

The decision does not rule out the possibility during the next biennium of agreeing to make the committee permanent, which would put to rest the biennial question of renewal.

In the context of the IGC, developed countries are seeking limitations and exceptions to IP rights, as in most other areas of IP, developing countries are requesting limitations and exceptions.

The IGC, whose work was suspended for the past year for lack of agreement on its work programme at the 2014 WIPO General Assembly, is now mandated to meet six times in 2016/2017.

In 2016, according to the decision, the IGC is expected to provide a factual report to the General Assembly on its work, and in 2017 “submit to the General Assembly the results of its work on an international legal instrument(s) relating to intellectual property which will ensure the balanced and effective protection of GRs, TK, and TCEs.”

The General Assembly in 2017 is expected to take stock and decide on whether to convene a diplomatic conference (high-level negotiating meeting) or continue negotiations.

Design Law Treaty

On the proposed design treaty, an agreement was made to hold a diplomatic conference – final treaty negotiation – in early 2017, later than was sought by the European Union. But it contains the proviso that discussions of an African Group proposal to include technical assistance and a disclosure of origin requirement be “completed” before then, according to a WIPO press release.

The text received last minute changes and is now available here [pdf].

The WIPO release states:

“Agreed to convene a diplomatic conference for the adoption of a design law treaty to develop simplified standards for industrial design registration procedures in the first half of 2017 subject to the completion at the 34th and 35th sessions of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) of discussions on technical assistance and a possible disclosure requirement aiming at the protection of traditional assets from misappropriation.”

External Offices

The issue of the opening of new WIPO external offices has been contentiously discussed over the last two years.

The decision [pdf] adopted during the night, states that Africa, which has currently no external office, should be given priority. The decision does not give any other indications on location, contrary to an earlier version [pdf] of the draft decision, which stated that two offices should be opened in Africa, one in the Latin American and Caribbean region, and one in Asia.

According to the decision, not more than three WIPO external offices should be open per biennium for 2016/2017, and 2018/2019, subject to approval by the WIPO General Assembly.

Member states interested in hosting such an external office, “are encouraged to submit their hosting proposals to be considered under the guiding principles.”

The decision includes a set of guiding principles, which were also adopted (IPW, WIPO, 15 October 2015).

Two years ago, Africa was listed in the draft program and budget of the organisation as next in line to have two external offices, after WIPO had committed to open one in China and one in Russia. However, a number of countries challenged the process of selection of new external offices by WIPO and member states decided that guiding principles should be established to govern such process.