WIPO Delegates Seek Convergence On Protection Of Genetic Resources This Week

The protection of genetic resources from misappropriation through patents, for example without the consent of the resource owners, and in particular indigenous communities, or benefit-sharing when commercial benefits arise from the use of those resources is being discussed this week at the World Intellectual Property Organization. Two divergent broad perspectives on how to achieve such protection are hoped to come closer on core issues.

The 30^th session of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) is taking place from 30 May to 3 June.

The session this week is focusing on genetic resources and traditional knowledge and associated generic resources. This is the last session of the 2016-2017 biennium which is expected to focus on this particular topic of the IGC.

As underlined by IGC Chair Ian Goss of Australia, at the opening of the session today, IGC delegates this week are expected to narrow gaps on core issues, such as policy objectives of a potential treaty, what it should be protecting, and a mandatory disclosure of origin in patent applications.

The draft programme of the session is here [pdf].

Developing countries have been asking for a treaty or treaties to protect generic resources (GRs), traditional knowledge (TK) and traditional culture expressions (TCEs or folklore) against misuse and misappropriation. Some developed countries are in favour of softer instruments and defensive measures, such as databases, rather than protective measures.

Seminar, Roundtable before Session

Prior to the session, on 26-27 May, WIPO organised a seminar on intellectual property and genetic resources. The seminar was hailed by regional groups in their opening statement as having provided clarity on current issues.

On 24-25 May, the African Group organised a roundtable [pdf] at WIPO entitled: Towards a Consensus Text on Intellectual Property, Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions.

The African Group roundtable included discussions between several countries, in particular China, Australia, the European Union, Russia, the United States, Canada, Japan, South Korea and Sweden, according to the programme of the roundtable.

Nigeria, on behalf of the African Group, said today that the roundtable was an opportunity to listen to the views expressed and ideas put forward, and the group “has reason to be optimistic about the readiness of the predominant membership of this organisation to work together,” according to the group’s statement.

Treaty for Some, Realistic Approach for Others

Regional groups in their opening statements this morning called for closing the gaps on the issue but while the Asia and Pacific Group called for legally binding instruments as being the unique solution to balance the interests of users and providers of resources, the Group of Central European and Baltic States (CEBS) underlined the importance of a “realistic approach” acceptable for all.

The African Group said the core objectives of the IGC are to agree on an international minimum standard legal instrument “that would enhance transparency, efficacy and legal certainty in mechanisms for ensuring rightful access to GRs, their derivatives, and Traditional Knowledge associated with GRs, of indigenous and local communities.”

The Group of Latin American and Caribbean countries (GRULAC) also called for an international legal instrument, while Group B developed countries underlined that GR, TK and TCEs should be protected in a manner supportive of innovation and creativity, and should recognise the unique nature of the subject.

The European Union said the IGC should not duplicate work already carried out in other organisations, and mentioned that the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity was already addressing many concerns on access and benefit sharing of genetic resources. The EU also called for a “realistic and achievable outcome.”

The draft agenda [pdf] includes a number of documents expected to be considered this week, among which is a consolidated document [pdf] relating to intellectual property and genetic resources.

An Indicative List of Outstanding/Pending Issues to be Tackled/Solved during the week gives a list of 10 pending issues; List of terms; Preamble; Policy objectives; Subject matter (should the instrument apply to any IP rights, or only patent right, for example); Disclosure requirement (the content of disclosure, exceptions and limitations, public interest-related exception, for example); Defensive measures/No Disclosure; Databases; Relationship with International Agreements (including the Patent Cooperation Treaty, and the Patent Law Treaty; Transboundary Cooperation; and Technical Assistance, Cooperation, and Capacity-Building.

Also on the table this week are three formal proposals which have been resubmitted for this session of the IGC: a Joint Recommendation [pdf] on Genetic Resources and Associated Traditional Knowledge, proposed by Canada, Japan, Norway, South Korea and the United States; a Joint Recommendation [pdf] on the use of Databases for the Defensive Protection of Genetic Resources and Traditional Knowledge Associated with Genetic Resources, proposed by Canada, Japan, South Korea, and the US; and a Proposal [pdf]for the Terms of Reference for the Study by the WIPO Secretariat on Measures Related to the Avoidance of the Erroneous Grant of Patents and Compliance with Existing Access and Benefit-Sharing Systems, proposed by Canada, Norway, South Korea, Russia, and the US.