4. United Nations Conference on Trade and Development (UNCTAD)
Background
The United Nations Conference on Trade and Development ("UNCTAD") was established in 1964 as the principle organ of the United Nations General Assembly (see fact sheet 1) to provide a focal point for discussion on trade and development and the interrelated issues in the areas of finance, technology, investment and sustainable development.
UNCTAD is a permanent intergovernmental body comprising 191 Member States, including New Zealand. It meets every four years to further advance its goal to maximise the trade, investment and development opportunities of developing countries and assist them in their efforts to integrate into the world economy on an equitable basis.
Consideration of Traditional Knowledge
Although UNCTAD has been involved in international discussions about intellectual property, it has limited its focus to certain specific areas, including traditional knowledge. UNCTAD is interested in the economic development opportunities that may arise from the utilisation of traditional knowledge.
UNCTAD, in collaboration with the Commonwealth Secretariat (see fact sheet 11) has organised a range of seminars and workshops to consider traditional knowledge issues. These workshops bought together experts in a range of areas including environment, trade, indigenous issues, economic development, capacity building and intellectual property.
For example, in October/November 2000, the UNCTAD Expert Meeting on Systems and National Experiences for Protecting Traditional Knowledge, Innovation and Practices was held with over 200 experts from some 80 countries in attendance. The experts addressed the objectives of Traditional knowledge protection systems and possible means of achieving those ends, including prior informed consent, access and benefit sharing mechanisms, strengthening customary/traditional law, using intellectual property instruments, developing sui generis systems, documenting traditional knowledge, as well as measures to encourage traditional knowledge-based innovations and the development and export of traditional knowledge-derived products (where appropriate). For more information, visit Expert Meeting on Systems and National Experiences for Protecting Traditional Knowledge, Innovations and Practices .
Additionally, in February 2004, a workshop on the Elements of National Sui Generis Systems for the Preservation, Protection and Promotion of Traditional Knowledge, Innovations and Practices and Options for an International Framework was held. The purpose of the workshop was to identify a menu of actions and policies which could be included in holistic national systems for the preservation, protection and promotion of traditional knowledge, innovations and practices. This list could serve as a practical guide for countries wishing to develop holistic national sui generis systems. For more information, including papers presented at the workshop visit Elements of National Sui Generis Systems for the Preservation, Protection and Promotion of Traditional Knowledge, Innovations and Practices and Options for an International Framework - UNCTAD-Commonwealth Secretariat workshop - Geneva, Switzerland. 4-6 February 2004 .
UNCTAD has also been involved in a joint capacity building project on Intellectual Property Rights and Sustainable Development with the International Centre for Trade and Sustainable Development. This project aims to improve understanding of the development implications of the TRIPS Agreement (see fact sheet 6); and strengthen the analytical and negotiating capacity of developing countries so that they can participate in intellectual property rights related negotiations in an informed manner to further their sustainable development objectives.
The project attempts to achieve this by producing a number of documents including:
- Policy Discussion Paper: This will raise awareness about the key policy issues raised by intellectual property rights and their impact on economic development, poverty alleviation and sustainable human environment;
- Research Tools: Research on background material including a literature survey on intellectual property rights and sustainable human development and information on technology-related indicators for example, a compilation of royalty payments;
- Resource Book on TRIPS and Development: This will provide background and technical information on the main issues under discussion in TRIPS; and
- Case Studies: The case studies will supplement the Resource Book and Policy Paper. They will look at the various intellectual property rights and will cover sectors such as compulsory licensing, technology transfer, food security, and geographical indications. It is intended that they will shed light on their impact and relevance in developing countries.
For more information, visit UNCTAD-ICTSD Capacity Building Project on Intellectual Property Rights and Sustainable Development .
New Zealand Position
New Zealand has not actively participated in UNCTAD's work on traditional knowledge as the focus of this work has been on assisting developing countries.
Acknowledgement
The Ministry of Economic Development would like to acknowledge the UNCTAD and ICTDS websites for the information used in preparing this fact sheet. For more information, visit their websites at UNCTAD - United Nations Conference on Trade and Development and IPRsonline.org .
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