[A2k] WIPO text-based negotiations on an instrument to protect traditional cultural expressions (9 July 2012-13 July 2012)

Thirukumaran Balasubramaniam thiru at keionline.org
Mon Jul 9 06:33:00 PDT 2012


http://keionline.org/node/1455

WIPO text-based negotiations on an instrument to protect traditional cultural expressions (9 July 2012-13 July 2012)


Submitted by thiru on 6. July 2012 - 12:43

The World Intellectual Property Organization (WIPO) is convening the 22nd session of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore from 9 July 2012-13 July 2012. The 22nd session will deliberate over draft articles relating to the protection of traditional cultural expressions contained in document (WIPO/GRTKF/IC/22/4). These discussions are guided by the mandate of the Fortieth Session of the WIPO General Assembly which states:

"The Committee will, during the next budgetary biennium (2012/2013), and without prejudice to the work pursued in other fora, 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.

The Committee is requested to submit to the 2012 General Assembly the text(s) of an international legal instrument(s) which will ensure the effective protection of [genetic resources]GRs, [traditional knowledge] TK and [traditional cultural expressions] TCEs. The General Assembly in 2012 will take stock of and consider the text(s), progress made and decide on convening a Diplomatic Conference, and will consider the need for additional meetings, taking account of the budgetary process."

In addition to seeking convergence on the TCE text which is expected to form the nucleus of a possible international legal instrument on the protection of traditional cultural expressions, the Committee may deliberate on the nature of the recommendation transmitted to the WIPO General Assembly in October 2012 regarding the future work of the Committee. Group B requested agenda item 9, Recommendation to the Forty-First Session of the WIPO General Assembly on the Future Work of the Committee, to be placed on the the agenda for IGC 22. However, it appears that some developing countries do not want to prejudice the General Assembly's deliberations on future work by having the IGC discuss this matter.. Some developing country demandeurs may request the General Assembly to set a clear date for the convening of a Diplomatic Conference on an international legal instrument(s) for the protection of GR, TK and TCEs.

Issues for consideration in the TCE text include: 1) subject matter of protection, 2) beneficiaries, 3) scope of protection, 4) management of rights, 5) exceptions and limitations, 6) term of protection, 7) formalities, 8) sanctions, remedies and exercise of rights, 9) transitional measures and 10) relationship with intellectual property protection and other forms of protection, preservation and promotion.

Article 4.4 (management of rights) in the draft articles document (WIPO/GRTKF/IC/22/4) states:

"The management of the financial aspects of the rights should be subject to transparency, concerning the sources and amounts of the money collected, the expenditures if any to administer the rights, and the distribution of money to the beneficiaries."

This text was originally proposed by KEI in July 2010 at the First Intersessional Working Group of the IGC; this was subsequently supported by the United States of America and the Republic of South Africa.


-- 

Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)

thiru at keionline.org



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