At UN Indigenous Forum, WIPO Gives Update On Negotiations

The World Intellectual Property Organization, a United Nations agency, today gave the UN in New York an update of ongoing negotiations for the protection of indigenous knowledge and genetic resources.

WIPO members are negotiating for possible sui generis (special) protection of genetic resources, traditional knowledge and traditional cultural expressions (folklore) against misappropriation and misuse, a WIPO representative said.

The update was given by Hai-Yuean Tualima of Samoa, who is the WIPO indigenous fellow this year, speaking on behalf of the WIPO secretariat. She was addressing the 15^th Session of the Permanent Forum on Indigenous Issues, taking place at UN headquarters in New York from 9-20 May.

The WIPO intervention is available here [pdf].

In the intervention, WIPO talks about efforts of the Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore (IGC). It said, “While still being negotiated and therefore not yet agreed, the current drafts include Indigenous Peoples and local communities as the beneficiaries of the protection of traditional knowledge and traditional cultural expressions and make provision for the recognition of and respect for customary law in national protection systems.

“The meaning, boundaries and contours of the ‘public domain’ are also much discussed in these negotiations,” it said.

WIPO claims to have taken “robust and consistent” measures to address concerns of indigenous peoples and local communities, and ensure their participation in the negotiating process. But it notes the voluntary fund set up to support indigenous participation in the meetings in Geneva is depleted.

Also, WIPO’s statement said, “At WIPO negotiation sessions, indigenous representatives contribute with important comments and proposals.” But it does not mention that historically, and presumably still, indigenous representatives have an elevated, but still limited, role in the negotiations and may only make proposals through a recognised government member state of WIPO.

WIPO also pointed to Article 31 of the UN Declaration on the Rights of Indigenous Peoples [pdf], which mentions intellectual property rights.

Article 31 states:

1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.

2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.

Meanwhile, the Permanent Forum at its 11^th Session recommended that WIPO commission a technical review within the framework of indigenous human rights, to be conducted by an indigenous expert, focusing on the draft texts that have been developed within the WIPO negotiations.

The review was completed by James Anaya, professor of human rights law and policy at the University of Arizona (US), and will be presented on 12 May at a side event to the Permanent Forum. The discussion will include several other indigenous experts.

 

Image Credits: UN