[A2k] WIPO drafting groups release text for a possible legal instrument for the protection of traditional cultural expresssions

Thiru Balasubramaniam thiru at keionline.org
Fri Jul 23 07:26:40 EDT 2010

To see the draft text, please consult: http://keionline.org/sites/default/files/WIPOexpertTCEtext4instrument.pdf



WIPO drafting groups release text for a possible legal instrument for  
the protection of traditional cultural expresssions
By thiru
Created 23 Jul 2010 - 7:08am
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 [1]' 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 [2]' 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 [3]'.

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) 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 [4] dealing with the IGC interacts with  
Recommendation 20 of the Development Agenda on promoting a robust  
public domain.

18. To urge the IGC to accelerate the process on the protection of  
genetic resources, traditional knowledge and folklore, without  
prejudice to any outcome, including the possible development of an  
international instrument or instruments.

20. To promote norm-setting activities related to IP that support a  
robust public domain in WIPO’s Member States, including the  
possibility of preparing guidelines which could assist interested  
Member States in identifying subject matters that have fallen into the  
public domain within their respective jurisdictions.


Source URL: http://keionline.org/node/895
[1] http://keionline.org/node/889
[2] http://keionline.org/node/892
[3] http://www.wipo.int/edocs/mdocs/tk/en/wipo_grtkf_ic_17/wipo_grtkf_ic_17_4_prov.pdf
[4] http://www.wipo.int/ip-development/en/agenda/recommendations.html
[5] http://keionline.org/sites/default/files/WIPOexpertTCEtext4instrument.pdf


Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)
thiru at keionline.org

Tel: +41 22 791 6727
Mobile: +41 76 508 0997

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