As mentioned in two previous KEI blogs, the WIPO’s First Intersessional Working Group received its mandate from the 16th WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) to ‘provide legal and technical advice and analysis, including, where appropriate, options and scenarios for consideration of the IGC’ including the outcomes, recommendations and texts relating to the discussion specifically on a working document containing draft provisions for a possible instrument for the protection of traditional cultural expressions/expressions of folklore. KEI’s blog entitled, ‘WIPO expert committee deliberates on road map to protect traditional cultural expressions‘ provided an introduction to the proceedings of the first IWG which meets from 19 July 2010 to 23 July 2010. Our second piece entitled ‘KEI interventions on possible WIPO legal instrument for the protection of traditional cultural expressions‘ provided a detailed description of KEI’s expert inputs to the IWG on Articles 3, 4, 5, 6, 8 and 9 of the WIPO working document ‘WIPO/GRTKF/IC/17/4 PROV. – The Protection of Traditional Cultural Expressions/Expressions of Folklore: Revised Objectives and Principles‘.
Over the course of the week, small drafting groups have emerged to refine this heavily bracketed working document. Several drafting groups worked simultaneously on different clusters of articles. On Friday morning, a seven page consolidated text of 11 articles was produced for the IWG plenary for consideration. The text (attached below) is almost absent of brackets, but certain articles do contain different options and questions for the 17th session of the IGC to examine when it meets from 6 December 2010 to 10 December 2010.
As the plenary of the IWG is reviewing the consolidated drafting group text, the Chair (Savitri Suwansathit, Thailand) has stressed that this body is not a negotiating forum but rather a technical body which should merely provide options and scenarios for consideration by the IWG. She stated it was her desire that the IWG not engage in another redrafting exercise but merely take listen to the presentations of rapporteurs, ask questions and take note of the drafting groups’ work. Currently, the IWG is discussing Article 5 on ‘exceptions and limitations’ to measures for the protection of traditional cultural expressions/expressions of folklore. IWG1’s output is expected to include: 1) the consolidated draft group text on the Revised Objectives and Principles of a possible instrument for the protection of Traditional Cultural Expressions/Expressions of Folklore and 2) a Report of the meeting which will include the interventions of State and non-State experts (including KEI’s six interventions). WIPO’s efforts relating to establishing an international sui generis legal regime for the protection of folklore have gained momentum. At IGC 17 in December 2010, WIPO member states may want to consider how Recommendation 18 of the Development Agenda dealing with the IGC interacts with Recommendation 20 of the Development Agenda on promoting a robust public domain.