[Ip-health] US Statement (formatted) to 48th WIPO General Assemblies on IGC on genetic resources, traditional knowledges and folklore

Thiru Balasubramaniam thiru at keionline.org
Fri Sep 24 03:25:09 PDT 2010



US Statement to 48th WIPO General Assemblies on IGC on genetic  
resources, traditional knowledges and folklore
By thiru
Created 24 Sep 2010 - 6:21am
On Friday, 24 September 2010, the United States delivered the  
following intervention on agenda item 28(i) on the Information Reports  
on the Intergovernmental Committee on Intellectual Property and  
Genetic Resources, Traditional Knowledge and Folklore.

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 negotiations, 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. Otherwise,  
the US believes that any proposed regime for the protection of TCE, TK  
and/or GR will be unworkable.

In the case of genetic resources, the US believes 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 engulfed 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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