The WIPO Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore (IGC/GRTKF) is meeting from 7 July 2014 to 9 July 2014. Pursuant to the mandate of the WIPO General Assembly decision in 2013, the Committee is pursuing text-based negotiations with the objective of reaching an agreement on a text(s) of an international legal instrument(s) which will ensure the effective protection of genetic resources, traditional knowledge and traditional cultural expressions. The focus of IGC 28 is primarily to take stock of progress and make a recommendation to the WIPO General Assembly (2014).
Many of the demandeurs for international legal instruments for the effective protection of genetic resources, traditional knowledge and traditional cultural expressions want the WIPO General Assembly in 2014 to take a decision on convening a Diplomatic Conference based on the progress of the texts related to the protection of genetic resources, traditional knowledge and traditional cultural expressions.
The United States of America submitted a proposal (attached) for an IGC Work Plan for 2015. What is striking is that it recommends the following course of action for the WIPO General Assembly in 2015:
Decide on convening any diplomatic conference and make any appropriate recommendations, based upon the recommendations from IGC 31.
The IGC train is leaving the station. Ultimately, it appears the potential flashpoint in IGC negotiations will revolved on which Assembly will convene an IGC Diplomatic Conference, the 2014 General Assembly or the 2015 General Assembly.
Proposal of the United States of AmericaIGC Work Plan for 2015
Bearing in mind that the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) was established by the WIPO General Assembly in 2000, with a mandate to discuss Intellectual Property issues that arise in the context of (i) access to genetic resources and benefit sharing; (ii) protection of traditional knowledge, whether or not associated with those resources; and (iii) the protection of expression of folklore;
Recognizing the role of the intellectual property system in promoting innovation and the transfer and dissemination of technology to the mutual advantage of holders and users of genetic resources and traditional knowledge associated with genetic resources in an manner conducive to social and economic welfare;
Stressing the need to prevent patents from being granted erroneously for inventions or creations that are not novel or inventive with regard to genetic resources and traditional knowledge associated with genetic resources, and acknowledging the existent, inherent capacity of the patent system to achieve that end;
Further stressing the need for patent offices to have available and consider the appropriate prior art on genetic resources and traditional knowledge associated with genetic resources needed to make proper and informed decisions on patent grant, and further stressing the importance of transparency in the process of granting patents;
Further noting that the mandate of the WIPO IGC was renewed for the 2014/2015 budgetary biennium, without prejudice to the work pursued in other fora, to continue to “expedite its work with open and full engagement, on text-based negotiations with the objective of reaching an agreement on a text(s) of an international legal instrument(s) which will ensure the effective protection of GRs, TK and TCES,”
Bearing in mind the Development Agenda recommendations, and acknowledging the progress made in the IGC since its work began in 2000, the WIPO General Assembly requests that the IGC continue its work work, with a view to finding common objectives and principles, developing an understanding of the scope of any protected to be accorded, and determining examples of what should be in the public domain, and finalizing the text(s) within the biennium:
The IGC is requested to submit to the 2015 General Assembly the text(s) related to the protection of GRs, TK and TCEs resulting from such further work, as well as a recommendation as whether or not the objectives, principles and text are sufficiently
defined so as to schedule a Diplomatic conference and the need for further work. The 2015 General Assembly will, based upon such recommendation of the IGC, decide whether or not to convene any Diplomatic conference, and make any appropriate recommendations, taking account of the budgetary process. If IGC 31 fails to make a recommendation, the IGC will continue to meet in the next biennium, with the same frequency as other WIPO committees, with an agenda to be decided
on a meeting by meeting basis.In accordance with the mandate of the IGC for 2014/2015, the General Assembly decides that the IGC work plan for 2015 will be as set out below: