[A2k] US statement on IGC item at 48th WIPO General Assemblies

Thiru Balasubramaniam thiru at keionline.org
Fri Sep 24 02:21:10 PDT 2010

The US thanks the DDG for his report.  As he noted, at the last GA, we  
agreed to the renewal of the mandate of the IGC and "to undertake text- 
based negotiations with the objective of reaching agreement on a text  
of an international legal instrument (or instruments) which will  
ensure the effective protection of GRs, TK and TCEs."

The decision to enter into text-based negotions, however, does not  
suggest that US red-lines regarding the substantive issues have been  

The US remains concerned that any such instrument could have  
detrimental effects on American creative industries, technological  
innovation and the public domain.

The US believes that, if we are to reach agreement on any type of  
document, these concerns can and must be addressed through properly  
limiting the scope of protection and establishing appropriately broad  
exceptions and limitations to any new forms of protection. Othterwise,  
the US believes that any proposed regime fot the pritection of TCE, TK  
and/or GR wll be unworkable.

In the case of genetic resources, the US beliecves that the IGC has  
not sufficiently formulated clear objectives for the protection of  
genetic resources and that no judgment can be made on the need or  
appropriateness of such protection.

Nonetheless, the US recognizes that steps should be taken to improve  
the challenging environment that has engullfed IP issues at WIPO. The  
US sees meaningful, but appropriate and limited progress in the IGC as  
one possible way to do that.


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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