Ninth Session, Geneva, 24-28 April 2006
The Ninth session of the World Intellectual Property Organisation ("WIPO") Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore ("the IGC") took place in Geneva, 24-28 April 2006.
The Committee is continuing its work on the development of policy objectives and principles for the protection of traditional knowledge and traditional cultural expressions and has considered revised texts on these issues (available from the WIPO website). The IGC is also considering draft guidelines on the recognition of traditional knowledge in the examination of patent applications.
The revised documents (9/4 and 9/5) on policy objectives and core principles contain draft provisions which set out substantive standards which could potentially provide the content of international standards for the protection of traditional knowledge and traditional cultural expressions. The focus is on protection against misappropriation and misuse without requiring the assertion of new exclusive property rights. This option could, however, be accommodated should traditional knowledge holders elect to take it up. The provisions are designed to complement international instruments and processes which deal with the preservation, safeguarding and promotion of traditional knowledge.
The provisions are "draft", and are not intended to pre-empt any debate and decision by the IGC on outcomes. The provisions seek to articulate at the international level common principles which would then guide or determine the legal protection that takes effect through national laws. Document 9/6 considers the issue of linkage between international and domestic dimensions. It is likely that further iterations of the documents will be prepared based on the comments made at the Ninth session of the IGC. Participants will also be asked to provide suggestions regarding stakeholder consultation, in particular with indigenous and local communities.
More information on WIPO, the IGC and the development of principles and policy objectives for the protection of traditional knowledge is available on the MED website at Principles and Policy Objectives for Protection of Traditional Knowledge. You will find information on the New Zealand approach to date, which has been generally supportive of progressing work on traditional knowledge issues. You can view the New Zealand comments [link to WIPO website] on the previous versions of the WIPO documents on principles and policy objectives. Some of the comments made by New Zealand, including the need to provide adequate time for indigenous people to consider the WIPO documents, are reflected in document 9/4.
As part of its preparation, the Ministry consulted on the documents that will be considered at this session, and also hosted a Workshop on 3 April 2006. Consultation closed on 7 April 2006, however we are providing you with a further opportunity to comment on the principles and policy objectives, as part of the preparation for the Tenth Session.
Workshop: World Intellectual Property Organisation - Principles and Policy Objectives for Protection of Traditional Knowledge (3 April 2006)
On 3 April 2006, the Ministry hosted a workshop on WIPO's draft Policy Objectives and Principles for the Protection of TK and TCE. The workshop brought together prominent speakers on TK issues, from a variety of public and private sectors.
Have Your Say: World Intellectual Property Organisation - Principles and Policy Objectives for Protection of Traditional Knowledge (February 2006)
[ Published 17 February 2006 ]
Consultation on documents that were considered at the World Intellectual Property Organisation Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, Ninth Session. Consultation closed 7 April 2006.
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