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<DIV><FONT face=Arial size=2><FONT face="Times New Roman"
size=3>------------------------------------------------------------------------<BR>Intellectual
Property<BR>------------------------------------------------------------------------<BR><BR>WIPO
COMMITTEE CONTINUES DISCUSSIONS ON LEGAL PROTECTION FOR TK<BR><BR>Extensive
discussions continued at the fourth meeting of the WIPO [World<BR>Intellectual
Property Organization] Intergovernmental Committee (IGC) on<BR>Intellectual
Property and Genetic Resources, Traditional Knowledge and<BR>Folklore on 9-17
December on possible ways of providing legal protection for<BR>traditional
knowledge (TK) and folklore, including through the use of<BR>databases, a
multilateral sui generis system and disclosure requirements for<BR>country of
origin, benefit sharing and prior informed consent in
patent<BR>application.<BR><BR>As one observer noted, the discussions at the
meeting seemed less "lively"<BR>than before, adding that the Committee "almost
seemed to be running out of<BR>steam". The observer speculated that this could
be a sign that countries<BR>might need more time to consider their positions on
the kind of system for<BR>TK protection that would be appropriate for them.
Others believe that it is<BR>time to change the group's mandate from study to
negotiations mode, arguing<BR>that they are unwilling to spend more efforts on a
process that had no<BR>mandate to advance toward adequate solutions on the
relationship between<BR>intellectual property rights and genetic resources and
the protection of TK<BR>and folklore.<BR><BR>Databases as a means of protecting
TK<BR><BR>Following on from previous meetings, countries considered the use
of<BR>databases as a means of protecting TK. Many developed countries believe
that<BR>such databases provide the best means of protecting TK, and that
the<BR>registration of TK should be promoted. The information contained in
these<BR>databases should be made available to the public. Many developing
countries,<BR>in particular those represented in the Group of Countries of Latin
America<BR>and the Caribbean (GRULAC), were cautious regarding the use of
databases for<BR>TK protection. While not necessarily rejecting the idea
outright, they noted<BR>that it should not be a requirement that TK has been
catalogued in order for<BR>it to be protected. Furthermore, the information kept
in the databases<BR>should be confidential for use by patent officers only for
the purpose of<BR>prior art examination, and as a means of preserving TK.
Information should<BR>only be included with the prior informed consent of TK
holders, even if it<BR>was already in the public domain as such knowledge might
have been acquired<BR>with the use of deceptive practices.<BR><BR>Multilateral
sui generis system of protection<BR><BR>Discussions continued on the need for
developing a multilateral sui generis<BR>system for TK protection (see BRIDGES
Trade BioRes, 27 June 2002;<BR></FONT><A
href="http://www.ictsd.org/biores/02-06-27/story1.htm"><FONT
face="Times New Roman"
size=3>http://www.ictsd.org/biores/02-06-27/story1.htm</FONT></A><FONT
face="Times New Roman" size=3>). Venezuela, supported by<BR>many developing
countries, called for a document to be prepared that<BR>contained some more
concrete elements of such a system. The countries argued<BR>that these elements
had already been discussed sufficiently and had been<BR>integrated in national
legislation, and that it was now time to move to a<BR>more proactive stage in
the discussion on what could actually be included.<BR>Most developed countries,
however, believed that there was a need to study<BR>the issue further, e.g. by
encouraging members to present their legislation<BR>to the IGC, and that sui
generis systems should be restricted to the<BR>national
level.<BR><BR>Coordination with other bodies<BR><BR>Many developing countries
stressed the need for the work of the IGC to be<BR>taken into account by other
WIPO bodies, in particular the Standing<BR>Committee on the Law of Patents where
the Dominican Republic on behalf of a<BR>group of countries and Brazil have
submitted proposals calling for<BR>flexibility to implement measures in pursuit
of public policy objectives,<BR>including those related to TK protection and
biodiversity (see BRIDGES Trade<BR>BioRes, 11 December 2002; </FONT><A
href="http://www.ictsd.org/biores/02-12-11/story2.htm"><FONT
face="Times New Roman"
size=3>http://www.ictsd.org/biores/02-12-11/story2.htm</FONT></A><FONT
face="Times New Roman" size=3>).<BR>The IGC's work would also need to be
synchronised with other forums dealing<BR>with similar issues, including the WTO
Council for Trade-related Aspects of<BR>Intellectual Property Rights (TRIPs) to
ensure that discussions at WIPO did<BR>not prejudge the outcomes of possible
negotiations on traditional knowledge<BR>and biodiversity-related issues in the
WTO.<BR><BR>Financing of indigenous representatives<BR><BR>Among the more
political issues at the meeting was the issue of increased<BR>funding to
facilitate the participation of representatives from indigenous<BR>communities.
While Brazil and other developing countries supported<BR>additional financing,
the proposal was blocked by the US. The Secretariat<BR>suggested that a study
could be conducted on the possibility of financing in<BR>2004-2005. Funding,
however, was urgently needed at this stage of the<BR>discussions, one source
noted, as the IGC would hold its last meeting in<BR>June 2003 and would then
decide on how to proceed.<BR><BR>"Call of the Earth" initiative officially
launched<BR><BR>On the sidelines of the WIPO meeting, a group of indigenous
peoples experts<BR>took the opportunity to officially launch the "Call of the
Earth" initative<BR>(see BRIDGES Trade BioRes, 21 November 2002;<BR></FONT><A
href="http://www.ictsd.org/biores/02-11-21/inbrief.htm#4"><FONT
face="Times New Roman"
size=3>http://www.ictsd.org/biores/02-11-21/inbrief.htm#4</FONT></A><FONT
face="Times New Roman" size=3>). The initative aims at<BR>the protection
intellectual property (IP) and TK of indigenous peoples by<BR>initiating
discussions on IP topics that have been identified as important<BR>by indigenous
peoples in various international forums in an effort to shape<BR>conceptual
approaches, policies and practices for future interventions in IP<BR>public
policy development. For further information, see<BR></FONT><A
href="http://www.earthcall.org/"><FONT face="Times New Roman"
size=3>http://www.earthcall.org/</FONT></A><FONT face="Times New Roman"
size=3>.<BR><BR>Additional resources<BR><BR>Documents of the meeting are
available at<BR></FONT><A
href="http://www.wipo.org/documents/en/meetings/2002/igc/index_4.htm"><FONT
face="Times New Roman"
size=3>http://www.wipo.org/documents/en/meetings/2002/igc/index_4.htm</FONT></A><FONT
face="Times New Roman" size=3>.<BR><BR>ICTSD
reporting.</FONT><BR></FONT></DIV></BODY></HTML>