New Draft Text On Final Day Of WIPO Committee On Genetic Resources; Expert Group Proposed

After the first suggested revision of potential treaty articles preventing the misappropriation of genetic resources was sent back to the drawing board this week, the second revision emerged today, for consideration by the World Intellectual Property Organization member states. Separately, a proposal by the committee chair to establish an expert group to meet prior to the next session of the committee meeting was positively received.

The 35^th session of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) is taking place from 19-23 March.

The second revision [pdf] (Rev2) of the Consolidated Document [pdf] Relating to Intellectual Property and Genetic Resources does not build upon changes made in the first revision (Rev1) of the consolidated document, which was not approved by some countries, in particular the group of like-minded countries, including the African Group (IPW, WIPO, 22 March 2018).

Rev2 of the consolidated text, as described by co-drafters Paul Kuruk of Ghana, the facilitator, and Margo Bagley of Mozambique, the “friend of the chair,” contains four parts.

The first part focuses on articles consistent with a mandatory disclosure requirement. The second part contains alternative articles to accommodate countries which do not think that mandatory disclosure requirement is an appropriate mechanism. The third contains complementary measures, and the fourth displays final provisions, such as international cooperation.

Kuruk said the goal in developing Rev2 was to narrow gaps, remove duplication and show that the integrity of member state interventions was maintained.

Member states are expected to provide comments this afternoon on the changes made in Rev2 compared to the original consolidated text.

Ad Hoc Expert Group to Help IGC

Following the IGC mandate as defined by the WIPO General Assembly last October, and a request by country group coordinators, IGC Chair Ian Goss from Australia tabled a proposal on the establishment of an Ad Hoc Expert Group.

The document describes the Expert Group’s function as supporting and facilitating the negotiations of the IGC. Each regional group and the indigenous caucus will be represented, and will be invited to nominate their experts (maximum of four experts) by 31 May.

The WIPO secretariat can invite up to three experts from academia, civil society, and industry to assist the group. The Ad Hoc Expert Group would convene on Sunday 24 June, immediately prior to the next session of the IGC.

The document also includes an indicative list of specific issues to be discussed.

This morning, WIPO delegates welcomed the document positively and supported it in principle. A number of countries, including the Group of Latin American and Caribbean countries, the Asia and Pacific Group, and Nigeria, said the proposal is balanced.

Group B developed countries remarked positively on the inclusion of all stakeholders, including industry, and said it could go along with the proposal. But this would be contingent on the conclusions of the expert group being presented to the IGC plenary meeting where member states can decide what to do with the group’s suggestions.

Some countries said the list of issues should be trimmed down. The indigenous caucus asked for funding so that their experts can participate in the expert group.

 

Image Credits: WIPO