Friend of the Chair’s text- Proposed IGC Work Plan for 2014-2015: The Road Ahead for Genetic Resources, TK and Folklore?

*The author thanks KEI intern (Anelise Rosa) for her comprehensive notes on the IGC deliberations.

On Wednesday, 9 July 2014, Ian Goss (Australia), the friend of the chair proposed the following work plan, based on a drafting process with regional coordinators and experts. The work plan envisages three sessions of the IGC for 2015 including a mammoth ten day meeting (IGC29) in February 2015 which would continue text-based negotiations on traditional knowledge and traditional cultural expressions including possible discussions on objectives and principles, definitions, subject matter of protection, beneficiaries, scope of protection, exceptions and limitations, databases, disclosure, sanctions and remedies, and technical assistance and capacity building. The note specifies that the WIPO Secretariat will ensure that “no WIPO meetings are scheduled in the week prior to the meeting, nor the week after the meeting.” A second meeting (IGC30) is scheduled for five days in April 2015 devoted to text-based negotiations on genetic resources, including cross cutting issues, with possible focus on “definitions, policy objectives, options to achieve the objectives, including disclosure requirements, data bases and other defensive measures, trans-boundary issues, technical assistance and capacity.” The final session (IGC31) for 2015 is scheduled for June 2015; this is designed as a cross-cutting, stocktaking session with a possible Ambassadorial/Senior Capital-Based official meeting envisioned to “further guide the process and recommendations to the General Assemblies” in 2015.

In the words of Ian Goss,

Congratulations to Germany and condolences to Brazil.

In regards to process of consultations, process where I control the drafting of the text with small group with regional coordinators, not acting in a national capacity. This has to be a consensus text and requires compromise from all. The proposals must relate directly to the mandate. I would like to make observations as facilitator, heard much commentary about progress, would remind delegations that we only started text-based negotiations in 2010. Would also remind that negotiations are complex. These include discussion of moral and IP rights with impacts on social policy. We are challenging IP norms.

Personally i think we have made sound progress, much of which is thanks to the chair who has focused on expert driven work.
We have seen movement from substandard patentability to more administrative approach, and we’ve seen progress on texts on TK, balancing protection and access.

Clearly more work is required which required a well developed work plan for 2015.

The Senior Ambassadors/Capital-Based Officials is seen to have merit if well planned and with clear objectives with a view to assist and guide the process. Although we didn’t have consensus there was flexibility.

However, one issue that IGC28 needs to resolve is what type of recommendation it will issue to the General Assembly in 2014 with respect to the convening of a Diplomatic Conference.

The language for the September 2014 General Assemblies says;

With a view to finalizing the text(s) of an international legal instrument within the biennium, the General Assembly in 2014 will take stock of and consider the text(s), progress made and decide on a convening a Diplomatic Conference, and will consider the need for additional meetings, taking into account the budgetary process.