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

Thiru Balasubramaniam thiru at keionline.org
Wed Jul 9 04:02:49 PDT 2014


http://keionline.org/node/2049

Friend of the Chair's text- Proposed IGC Work Plan for 2014-2015: The Road
Ahead for Genetic Resources, TK and Folklore?
Submitted by thiru <http://keionline.org/user/6> on 9. July 2014 - 12:29

*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.

*Intergovernmental Committee on Intellectual Property and Genetic Resources
, Traditional Knowledge and Folklore Recommendations to the Assemblies of
Member State of WIPO Forty-Fourth (22nd Ordinary) Session.*

In accord with the IGC Mandate 2014/2015 the Committee recommends that the
General Assemblies:

a) Provisions for the three sessions of the IGC in 2015, including thematic
and cross cutting/stocktaking sessions. [At the beginning of the final
session an Ambassadorial/Senior Capital-Based Officials meeting will be
held to share views on key policy issues and progress made to further
inform/guide the recommendations to the 2015 General Assemblies]. The
session will follow, as set out in the table below, a clearly defined work
program, based on sound working methods.

Notes:
1. The focus of the thematic and cross cutting session will be informed by
the outcomes of the IGC 28 discussions in the Experts meeting. Current
areas of focus against each thematic session are at this time a guide only.
2. The number of days currently allocated to the draft work program
reflects the same number of days allocated in the 2014 work program.
3. No language is included in the column relating to the 2015 General
Assembly in order not to prejudge the outcome of the 2014 General Assembly.



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