Original news and analysis on international IP policy
Colonial history says that indigenous peoples were in the past sometimes asked to sign treaties that may not have been in their best interest or that were not honoured. Now, under the aegis of the United Nations, some indigenous peoples fear it may be happening again, only this time they are fighting to be at the table as the subject is their traditional practices, and the outcome would apply on a global scale.
World Intellectual Property Organization members this week set the stage for text-based negotiations for an international instrument on the protection of traditional knowledge, folklore and genetic resources.
Negotiators trying this week to advance talks for UN World Intellectual Property Organization treaties on traditional knowledge, genetic resources, and folklore have made progress on draft texts, but are facing sharp criticism from indigenous groups and some governments claiming their concerns are being ignored.
World Intellectual Property Organization delegates negotiating this week for a possible agreement on protection of traditional knowledge have advanced the text from which they are working, according to a copy obtained by Intellectual Property Watch. Meanwhile, the brand-name pharmaceutical industry sought to explain an alleged biopiracy case at a side event at WIPO today.
The adoption of a Development Agenda by the General Assembly of the World Intellectual Property Organization three years ago was seen by most as a success for developing countries and a sign that the organisation was assuming its role as a United Nations agency to a fuller extent. However, according to a lead official on Development Agenda implementation, there is still a long way to go and changes are needed.
Although indigenous peoples’ rights are recognised in a number of international declarations, the implementation of those rights is difficult to achieve, according to panellists at an event opening this week’s World Intellectual Property Organization negotiations toward a treaty to protect traditional knowledge, folklore and genetic resources.
Developing countries are not taking advantage of discoveries made by their scientists and researchers because they lack an appropriate intellectual property infrastructure and expertise, according to a long-time United States proponent of IP rights speaking in Geneva last week. He called for development funds to be redirected to address these shortcomings rather than only supporting IP enforcement initiatives.
The World Intellectual Property Organization committee in charge of overseeing the implementation of the organisation’s cornerstone Development Agenda, ended abruptly when the session was suspended after a strong disagreement over a development project.
Building on recent momentum that has produced negotiating texts towards an international instrument to protect folklore, traditional knowledge and genetic resources, delegates to the World Intellectual Property Organization next week will try to clean the texts that still bear signs of division.
A debate has arisen this week among World Intellectual Property Organization members over a WIPO secretariat report on implementation of the 2007 Development Agenda, which was intended to infuse a stronger development dimension into the UN agency’s activities.