New Draft Text On Mandate For WIPO Committee On Genetic Resources, TK

Delegates rushing against time to find agreement on the next mandate of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) are considering a third draft decision, issued this morning.

The committee is seeking ways to protect genetic resources, traditional knowledge, and traditional cultural expressions (folklore) from misappropriation and misuse, which some developing countries say is rampant.

The confidential third draft decision [doc], issued this morning and obtained by Intellectual Property Watch, shows changes seeking to accommodate different positions on the new mandate of the IGC, and its work programme.

Since the start of the General Assembly on 2 October, delegates have been trying to define a new mandate of the IGC, before it expires this week. Three proposals were on the table: the African Group’s [pdf], the European Union’s [pdf] and the Japan and United States’ [pdf]. The European Union also tabled an addendum [pdf] to their proposal yesterday with a work programme for the IGC.

The EU work programme includes six four-day meetings for the biennium.

On 6 October, a second draft was issued, which did not meet agreement.

The draft released this morning shows some changes in language compared to the second draft. In particular, the draft decision says the General Assembly in 2018 and 2019 – after hearing a factual report on the result of the IGC work and if so recommended by the committee – will decide on convening a high-level negotiating meeting (diplomatic conference).

This removes a reference to a diplomatic conference on “one or more of the subject matters,” in reference to a proposal to seek a diplomatic conference on genetic resources first and the more complicated issues of traditional knowledge and folklore later.

The draft decision kept the references to negotiating an “agreement on an international legal instrument(s).” But a developing country delegate remarked to Intellectual Property Watch that the draft also includes a mention of “without prejudging the nature of outcome(s),” which could possibly open the door to a push for non-legal instruments like guidelines or databases.

The 10 October draft, as the 6 October draft before it, include a plan for six sessions of the IGC, between 5 and 6 days for each session.

Image Credits: Catherine Saez