International Linkages - Presentation

Slide 1: Introduction

• Look at some of the linkages with other international processes also working on TK and TCE issues.
  • Which international bodies are considering TK?
  • Focus on TRIPS and CBD
  • Linkages to our domestic experience
• Point of contact for future queries

Slide 2: Who Are the International Bodies Considering Traditional Knowledge?

United Nations Bodies

• 1. United Nations (including the Permanent Forum on Indigenous Issues)
• 2. United Nations Educational, Scientific and Cultural Organisation (UNESCO)
• 3. United Nations Commission on Human Rights (UNCHR)
• 4. United Nations Conference on Trade and Development (UNCTAD)
• 5. World Intellectual Property Organisation (WIPO)
• 6. World Trade Organisation (WTO)
• 7. Convention on Biological Diversity (CBD)
• 8. Food and Agriculture Organisation (FAO)

Slide 3: Who Are the International Bodies Considering Traditional Knowledge? (Cont'd)

United Nations Bodies (Cont'd)

• 9. World Health Organisation
• 10. International Labour Organisation (ILO)

Regional Initiatives

• 11. The Commonwealth
• 12. Asia Pacific Economic Co-operation / Intellectual Property Rights Expert Group APEC / IPEG
• 13. Pacific Island Initiatives

Indigenous Organisations

• 14. Call of the Earth - Llamado de la Tierra

Slide 4: WTO - TRIPS

TRIPS and TK

• Concern that:
  • TRIPS is too focused on conventional IPRs
  • IPRs can be granted to persons using inventions or creations based on someone else's TK

TRIPS and CBD

• TRIPS Council has been asked to:
  • Examine the relationship between the TRIPS Agreement and the Convention on Biological Diversity (CBD)
  • Examine the protection of traditional knowledge and folklore, and
  • Continue to review Article 27.3(b) of TRIPS, which sets out the exclusions from patentability.

Slide 5: Convention on Biological Diversity (CBD)

CBD objectives:

• The conservation of biological diversity;
• The sustainable use of its components;
• The fair and equitable sharing of the benefits arising out of the utilisation of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies.

Work programmes including:

• Thematic programmes of work: Forest biological diversity; Inland water ecosystems; Marine and coastal biodiversity; Agricultural biodiversity; Islands biodiversity.
• Crosscutting issues: Access and benefit sharing; Article 8(j), Protected areas; Incentive measures; Invasive alien species; Impact assessment; Liability and redress; Biodiversity and climate change.

Slide 6: CBD (Cont'd)

Article 8(j)

Each Contracting Party shall, as far as possible and as appropriate:

Subject to its national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilisation of such knowledge, innovations and practices.

• 1998 - a working group was established to:
  • Advise COP on possible mechanisms to give effect to Article 8(j) at a national and international level
  • A forum to strengthen cooperation among indigenous and local communities embodying traditional lifestyles relevant to the conservation and sustainable use of biodiversity.

Slide 7: New Zealand Position on IP Issues

• Supporter of WIPOIGC and the recent focus on developing a work programme to consider development issues
• Need to consider the underlying problems, policy objectives and principles of TK and TCE protection in the IP domain
• WIPO, CBD and WTO - any international rules must allow adequate flexibility to develop domestic policy, including maintaining flexibility for the government to respond to WAI 262 and its TOW obligations
• Important to share information domestically and internationally and develop our domestic experience

Slide 8: Domestic Experiences - Examples

• Mātauranga Māori Programme (Dept of Conservation - includes the Mātauranga Kura Taio Fund
• New Zealand Qualifications Authority - a dedicated Māori qualifications framework recognising indigenous knowledge
• Provisions in the Trade Marks Act 2002, proposed changes to patents law, IP/TK Work Programme
• Bioprospecting policy development

Slide 9: Domestic Experiences (Cont'd)

• Ministry of Culture and Heritage - repatriation policy for Māori ancestral remains/kōiwi tāngata Māori and a review of the Antiquities Act
• Creative New Zealand - Tohunga Tauira Programme and Toi Iho trademark
• National Library - has developed a set of principles relating to the preservation of intellectual and cultural property.

Slide 10: Further Information

Contact:
traditional.knowledge@med.govt.nz

MED Website:
Traditional Knowledge

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