New Book Puts WIPO Traditional Knowledge Committee In Perspective

A new book with contributions from key thinkers on the subject details the long history and intensive negotiations of the World Intellectual Property Organization committee on genetic resources, traditional knowledge and folklore, making a case for conclusion of binding international agreements in these areas as a way to close important gaps in intellectual property policy.

The book, “Protecting Traditional Knowledge: The WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore,” published by Routledge, claims to be the first comprehensive review of the committee since it was established in 2000.

The editors are: Daniel F. Robinson, research fellow at the International Centre for Trade and Sustainable Development (ICTSD) and associate professor in Environmental Studies at the University of New South Wales, Australia; Ahmed Abdel-Latif, special assistant for policy and programme in the Office of the Director General at the International Renewable Energy Agency (IRENA), Abu Dhabi, United Arab Emirates; and Pedro Roffe, senior associate in Innovation, Technology and Intellectual Property at ICTSD.

The authors of the more than 20 chapters are notably diverse, from US and Swiss government negotiators to a range of academics, indigenous communities, and other stakeholders.

The introduction states:

“The book provides a compilation of research, analysis, expertise and stakeholder perspectives on the state of the art of the IGC forum and in the international law and politics of the relevant thematic areas of IP, GRs, TK and TCEs. Furthermore, it provides encouragement to the various stakeholders to take forward the current debates on these important areas. What we hope, is that this book highlights some future options and directions for the WIPO IGC delegates, representatives and secretariat….”

It concludes: “Having binding international agreements on GRs, TK and TCEs [traditional cultural expressions, or folklore] would be a landmark in international law and in IP law, and could potentially contribute to the prevention of their misappropriation. Having an international IP agreement in relation to GRs could complement 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 (CBD). The IGC might also ultimately produce new international norms on TCEs, which would complement the 2003 UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage.

On the other hand, if the IGC continues to inch along at its current pace or fails to deliver, it may confirm the opinion of some critics of the process, that the negotiations were forum shifted into WIPO to maintain a status quo in the intellectual property system – managing developing country and Indigenous representative expectations against an ever higher ratchet of IP minimum standards through other forums or processes like regional trade agreements (RTAs) and bilateral free trade agreements (FTAs)….”

[Editor’s note: since 2005, Intellectual Property Watch has published nearly 300 original stories on the WIPO IGC, which may be viewed in the IP-Watch story archive here.]

 

Image Credits: Routledge