WIPO GA 2013 to decide on future of the Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore

The Forty-Third session of the WIPO General Assembly which meets from 23 September 2013 to 2 October 2013 will have the pleasant task of untangling the Gordian knot that is the Report of the Proposals Made by Delegations Regarding Future Work of the IGC.

Report of the Proposals Made by Delegations Regarding Future Work of the IGC, Following the Review and Stocktaking Conducted under Agenda Item 7, as at the Close of the Session on July 24, 2013.

Renewal of Mandate

Option 1:
Bearing in mind the Development Agenda recommendations, the WIPO General Assembly agrees that the mandate of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore be improved as follows:

(a) The Committee will, during the next budgetary biennium 2014/2015, conclude its work on text-based negotiations to finalize a text(s) of an international legal instrument(s) which will ensure the effective protection of GRs, TK and TCEs.

(b) The focus of the Committee’s work in the 2014/2015 biennium will build on the existing work carried out by the Committee and streamline WIPO’s working documents, WIPO/GRTKF/IC/25/5, WIPO/GRTKF/IC/25/6 and WIPO/GRTKF/IC/25/7, which will be the basis of the Committee’s work on textbased negotiations.

Option 2:
Bearing in mind the Development Agenda recommendations, the WIPO General Assembly agrees that the mandate of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore be renewed as follows:

(a) The Committee will, during the next budgetary biennium 2014/2015, and without prejudice to the work pursued in other fora, continue to expedite its work on text-based negotiations with the objective of reaching agreement on a text(s) of an international legal instrument(s) which will ensure the effective protection of GRs, TK and TCEs.

(b) The focus of the Committee’s work in the 2014/2015 biennium will build on the existing work carried out by the Committee and use all relevant WIPO documents, including WIPO/GRTKF/IC/25/5, WIPO/GRTKF/IC/25/6, and WIPO/GRTKF/IC/25/7 and other new proposals, which will serve as the basis of the Committee’s work on text-based negotiations.

Option 3:
Bearing in mind the Development Agenda recommendations, the WIPO General Assembly agrees that the mandate of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore be renewed as follows:

(a) The Committee will, during the next budgetary biennium 2014/2015, and without prejudice to the work pursued in other fora, continue to expedite [with a view of finalizing] its work on text-based negotiations with the objective of reaching agreement on a text(s) of an international legal instrument(s) which will ensure the effective protection of GRs, TK and TCEs.

(b) The focus of the Committee’s work in the 2014/2015 biennium will build on the existing work carried out by the Committee and use all WIPO working documents, including WIPO/GRTKF/IC/25/5, WIPO/GRTKF/IC/25/6 and WIPO/GRTKF/IC/25/7 which are to constitute the basis of the Committee’s work on text-based negotiations, as well as any other textual contributions by members.

Number of IGC Sessions

Option 1:
There will be eight sessions of the IGC in the 2014/2015 biennium. Three thematic and one cross-cutting per year.

Option 2:
Three thematic and one cross-cutting session in 2014.

Option 3:
Three thematic and one cross-cutting session in 2014. If required, the General Assembly in 2014 will consider the need for additional sessions of the IGC in 2015.

Option 4:
Three thematic sessions in 2014, including a cross-cutting exercise. If required, the General Assembly in 2014 will consider the need for additional sessions of the IGC in 2015.

Option 5:
Three thematic and one cross-cutting session in the 2014/2015 biennium.

Option 6:
Three thematic and one cross-cutting session in 2014 and the General Assembly in 2014 will decide on the future work of 2015.

Reference to Diplomatic Conference

Option 1:
The General Assembly will convene a Diplomatic Conference at the earliest time in the 2014/2015 biennium.

Option 2:
The IGC will finalize the text by September 2014; the General Assembly in 2014 will decide the date for convening the Diplomatic Conference by the end of 2014.

Option 3:
The General Assemblies in 2015 will decide on whether to convene a Diplomatic Conference

Option 4:
The Committee is requested to submit to the 2015 General Assembly the text(s) of an international legal instrument(s) which will ensure the effective protection of GRs, TK and TCEs. The General Assembly will in 2015 take stock of and consider the text, progress made and decide on convening a Diplomatic Conference.

Studies/Examples

Option 1:
Participants are invited to submit examples to inform the discussion of objectives and principles, and each proposed article, including examples of protectable subject matter and subject matter that is not intended to be protected.

To inform the IGC of the impact of its work and to aid in its progress the IGC is encouraged to request studies.

Option 2:
No mention of studies or examples in the Mandate.

Option 3:
With a view to enhancing the discussions, resolving areas of difference and creating consensus as to the principles and objectives of the instrument(s) as well as key articles, the Committee requests that the Secretariat gather additional information in a paper. The paper will contain practical evidence and examples and how they relate to the articles in question. It will aim at further informing discussions in the cross-cutting as well as thematic sessions.

Proposals

Proposal 1 (GRULAC):
Each session of the IGC will be preceded by a one day high level segment with Ambassadors and Senior Officials to share views on key policy issues relating to the negotiations, to further inform/guide the process.

Proposal 2 (Indigenous Caucus/Peru):
The Committee notes the proposal of the Indigenous Caucus to hold a special session/intersessional/informal meeting, conditional on their ability to secure funds, to exchange views between Member States and observers from indigenous and local communities on issues relating to all three texts.]

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