WIPO DIRECTOR GENERAL WELCOMES GROWING RECOGNITION OF INDIGENOUS PEOPLE’S RIGHTS

On the occasion of the International Day of the World's Indigenous People on August 9, 2004, the Director General of the World Intellectual Property Organization (WIPO), Dr. Kamil Idris, welcomed the growing recognition by the international community of the need to promote the enjoyment of rights of indigenous peoples, and respect for their distinct cultures, communities and values. He noted the encouraging steps made internationally to respond to the needs and aspirations of the world’s indigenous people, and to enhance their effective participation in policy processes on matters that concern them. In the field of intellectual property (IP), he observed, this translated into greater respect and recognition for the cultural and intellectual framework and knowledge systems in which traditional cultural expressions (TCEs), traditional knowledge (TK) and associated genetic resources are developed, maintained, and transmitted to future generations within the traditional or customary context.

"In 1998, WIPO initiated a range of activities on IP and TK, TCEs or folklore, and genetic resources. This builds on past work on folklore, which dates back several decades and is reflected in various international instruments and many national laws," said Dr. Idris. "WIPO’s current work is aimed at developing a shared understanding of how best to develop and apply the principles of the intellectual property system to serve the interests articulated by holders of TK and custodians of TCEs," he added.

Dr. Idris highlighted the important contribution by indigenous groups to the on-going TK talks under the auspices of WIPO. He said "Indigenous and local communities have had an important and growing voice in the work of the Intergovernmental Committee on Intellectual Property and Traditional Knowledge, Genetic Resources and Folklore (the IGC) as a policy forum for these issues." Non-governmental organizations, many representing indigenous communities, are increasingly taking part in the Committee’s work. Dr. Idris said "This has most certainly enriched the debate and brought to the international discussions the indispensable voice of indigenous and local communities." He recalled that the current WIPO program was founded on an extensive series of consultations with representatives of TK holder communities throughout 1998 and 1999, and the valuable understandings distilled from these discussions on the needs and expectations of these communities still informed WIPO’s work in the area.

Background

WIPO’s work in this area dates back to 1998, shortly after Dr. Idris took over leadership of the Organization. The current work program seeks to respect the manner in which TK, TCEs and associated genetic resources are considered an indivisible whole within the traditional or customary context, while developing specific legal tools that reflect the broader legal environment and policy context for each element of this traditional heritage, and protect this important community heritage from misuse and misappropriation. This program also entails close consultations with and respect for the mandate and activities of other United Nations agencies and international processes. WIPO has welcomed and supported the key role of the United Nations Permanent Forum on Indigenous Issues, inviting it to take part in its activities, engaging in interagency support for the Forum, and participating actively in its work. Both the WIPO General Assembly and the IGC itself have called for enhanced participation of indigenous and local communities in the IGC’s work, and have initiated practical steps to this end.

The first step taken by WIPO for its fresh program on these issues was to visit TK holders in many countries over the period 1998-99 to learn directly from them about their needs and expectations. Indigenous and local communities, non-governmental organizations (NGOs), governmental representatives, academics, researchers and private sector representatives were consulted on these missions. The fact-finding missions were conducted in 28 countries between May 1998 and November 1999. The fruits of these consultations are contained in a comprehensive report, which still forms the basis of much of WIPO’s work. In this way, the perspectives of a wide cross section of TK holders have provided continuing guidance in the evolution of later activities. The report, published by WIPO, is entitled "Intellectual Property Needs and Expectations of Traditional Knowledge Holders: WIPO Report on Fact-finding Missions (1998-1999)" (http://www.wipo.int/tk/en/tk/ffm/report/index.html).

An important subsequent step was the formation of the IGC as a policy forum for these issues. Discussions in the IGC focus on three primary themes: access to genetic resources and benefit sharing; the protection of TK, whether or not associated with those resources; and the protection of expressions of folklore.

The IGC met for the first time in May 2001 and has met six times in all. The seventh session of the IGC is scheduled for November 1 to 5, 2004. The first phase of the IGC’s work, up to 2003, included policy debate, reports on national experiences, empirical surveys, exchange of the experience of indigenous and local communities, analysis of legal and policy options for enhanced protection for TK and TCEs, crafting specific practical tools, development of recommendations for revision of the international patent system to take account of TK, and review of capacity-building and awareness initiatives.

The IGC concluded its initial mandate in 2003, and received a stronger, expanded mandate for the coming biennium by the WIPO General Assembly in September 2003. This marked the maturing of this body as a key international forum for policy debate, analysis of practical experience, and development of new approaches and legal mechanisms to address the IP concerns and interests of the communities who hold and maintain TK, TCEs and genetic resources. Its work was also characterized by greater cooperation with other international and regional organizations, and with national authorities and traditional communities.

The work of the IGC was supplemented by additional presentations, meetings and consultation forums, including specific outreach and briefing activities for NGO observers, and engagement with other international processes. Positive feedback on the documents was received from a wide range of stakeholders, including member states, IGOs and NGO observers. Stakeholders also welcomed support provided for enhanced and more diverse dialogue and input, cooperation with other international forums and processes, support for complementary regional initiatives, initiatives on outreach, and informal briefings.

The second phase of the IGC’s work aims to develop more concrete and focussed outcomes at the international level. At present, this means in particular developing two complementary sets of shared objectives and core principles respectively concerning the protection of TCEs (or folklore) and the protection of TK. These are to be supplemented by outlines of the policy options and legal mechanisms that are being used in practice to give effect to these objectives and principles. These outcomes may form a common platform for continuing international work on these pressing issues. This should facilitate a consensus on the context and substance of protection for the benefit of holders of TK and TCEs, while also promoting convergence on the appropriate vehicle or vehicles for articulating and giving effect to these principles.

Meanwhile, WIPO has continued with other elements of this program beyond the IGC, including providing technical support and policy input at the national and regional levels, hosting and otherwise taking part in many forums aimed at developing a shared understanding of how best to develop and apply the principles of the intellectual property system to serve the interests articulated by holders of TK and custodians of TCEs, and commissioning independent studies. WIPO is also developing an array of publications and information resources for communities and policymakers, government officials, civil society and other stakeholders.

Indigenous and local communities have had an important and growing voice in the work of the IGC. A system of ad hoc accreditation for the IGC has led to the recognition of 100 new NGOs, many of them representing indigenous communities. WIPO has also supported the valuable work of the United Nations Permanent Forum on Indigenous Issues since its inception, offering a formal invitation in 2002 for the Forum to attend the IGC and taking part in Forum meetings and related interagency support activities. The WIPO General Assembly and the IGC itself have both underscored the need to enhance the participation of indigenous and local communities in the work of the IGC. This has led to a range of practical initiatives to enhance participation, and to proposals for funding mechanisms to support the attendance of representatives of these communities, which are currently being developed. Further information can be found outlined in the IGC document WIPO/GRTKF/IC/7/12 entitled, "Participation of Indigenous and Local Communities". Many indigenous perspectives are provided on a web site for observers accredited to the IGC: http://www.wipo.int/tk/en/igc/ngo/index.html. The WIPO web site also contains a page dedicated to ‘Women and Intellectual Property’ which includes a specific section on ‘Women and Traditional Knowledge’ [http://www.wipo.int/women-and-ip/en/programs/tk.htm ].

Other recent outputs of interest include a series of case studies by indigenous lawyer, Ms. Terri Janke, on the use of the IP system in the protection of TCEs, entitled ‘Minding Culture’ (at http://www.wipo.int/tk/en/studies/cultural/minding-culture/index.html).

For further information, please contact the Media Relations and Public Affairs Section at WIPO: Tel: + 41 22 338 8161 or 338 95 47; e-mail: publicinf@wipo.int.