Transcript Convention on Biological Diversity (CBD)

The International Dimension
of TK Protection
Rene Vossenaar,
UNCTAD
TK: International Dimension
Issues/Institutions
Biodiversity-related TK
CBD
Genetic resources for food
and agriculture
FAO (International
Intellectual property aspects
of TK
Health (trad. medicine)
WIPO, WTO
Expressions of folklore
WIPO, UNESCO
Traditional forest-related
knowledge (TFRK)
Human rights
UN Forum on Forests (UNFF)
Development and trade
UNCTAD, ITC, UNDP
(commercialization)
Undertaking,
now International Convention, on
PGRFA)
WHO
ILO, UNCHR
Convention on Biological
Diversity (CBD)
• The Ad Hoc Open-ended Working Group
on Access and Benefit-sharing (ABS):
Bonn, Germany, 22-26 October 2001
• The Ad Hoc Open-ended Inter-sessional
Working Group on Article 8(j) and
Related Provisions of the Convention on
Biological Diversity:
Second meeting in Montreal, Canada 4-8
February 2002
Working Group on ABS
Bonn, October 2001
The COP should invite Parties and
Governments to encourage, in application
for IPR, the disclosure of:
– the country of origin of genetic resources,
as a possible contribution to tracking
compliance with PIC and MAT on which
access to those resources was granted;
– relevant TK, where an invention concerns
or makes use of such knowledge in its
development.
Working Group on Article 8(j)
Effectiveness of existing instruments
Recommendations to COP-6
• Strategies based on a combination of appropriate
approaches, customary laws and practices, IPRs,
sui generis measures, contractual arrangements,
registers, guidelines and codes of practice;
• WG to address the issue of sui generis systems;
• Operational links and coordination between
national intellectual-property bodies, CBD and
indigenous and local communities; and
• Feasibility of national and community registries or
databases of TK, subject to national legislation
Working Group on Article 8(j):
issue of sui generis systems
• Clarification of relevant terminology;
• Compiling and assessing existing indigenous,
local, national and regional sui generis systems;
• Studying existing systems for managing
innovations at the local level and their relationship
with existing IPR systems, with a view to ensuring
their complementarity;
• Assessing the need for further work; and
• Identifying the main elements to be taken into
consideration in the development of sui generis
systems.
WIPO Intergovernmental Committee on IP
and Genetic Resources, TK and Folklore
First session, May 2001
• Delineating the subject matter to discuss IP
protection, understanding of the term “traditional
knowledge”;
• Availability and scope of IP protection for TK and
any elements which require additional protection;
• Criteria for the effective integration of TK
documentation into searchable prior art;
• Assisting TK holders in enforcement of IP rights.
Second Session, December 2001
• WIPO Secretariat to prepare a document
with elements for a possible sui generis
system for the protection of TK.
• Support for the implementation of the
following activities on TK as prior art:
– Compiling an inventory of TK-related
periodicals for possible integration in the
“minimum documentation list” under the PCT;
Second Session, December 2001
– TK in amendments of guidelines for
examination of patent applications;
– Studying the electronic exchange of public
domain TK data, including through TK
databases and digital libraries;
– Examining the applicability of existing IP
documentation standards to TK-related subject
matter; and
– Assisting TK documentation initiatives to
manage IP implications of the documentation
process.
Third Session, June 2002
Expected to discuss, inter alia:
• Format for electronic database of contract
clauses and practices concerning ABS;
• Inventories of existing TK-databases of and TKrelated periodicals;
• Review of existing IP protection of TK;
• Elements of a sui generis system for the
protection of TK; and
• Meanings of the term “traditional knowledge”.
Food and Agriculture Organization
• International Treaty on Plant Genetic Resources
for Food and Agriculture, adopted 3 Nov 2001;
• Will succeed the International Undertaking on
Plant Genetic Resources (1983);
• New, legally-binding instrument for the
conservation and sustainable management of
plant genetic resources for food and agriculture,
as well as the fair and equitable sharing of the
benefits arising from their use (Article 1.1).
World Health Organization
(WHO)
• WHO Interregional Workshop on Intellectual
Property Rights in the Context of Traditional
Medicine in Bangkok, Thailand from 6-8
December 2000.
Traditional Medicine Strategy
for 2002-2005
• Policy: integrate Traditional and
Complementary/Alternative Medicine (TM/CAM)
with national health care systems;
• Safety, efficacy and quality: provide evaluation,
guidance and support for effective regulation;
• Access: ensure availability and affordability of
TM/CAM, including essential herbal medicines; and
• Rational use: promote therapeutically-sound use
of TM/CAM by providers and consumers.
World Trade Organization
(WTO)
Doha Ministerial Declaration (Doha, November
2001) instructed the TRIPS Council "to
examine, inter alia, the relationship between
the TRIPS Agreement and the Convention on
Biological Diversity, the protection of TK and
folklore, and other relevant new developments
raised by Members pursuant to Article 71.1."
(para. 19)
Recommendations by
UNCTAD-Trade Commission
• Analytical work and regional workshops to
exchange national experiences and examine
strategies on TK-related issues, in cooperation
with WIPO, CBD and regional organizations
(OAU);
• Capacity-building to protect and promote the
further development of traditional medicine (in
cooperation with WHO);
• Exploring policies to harness traditional
knowledge for trade and development
Recommendations by
UNCTAD-Trade Commission
• Assist developing countries, where appropriate,
with the commercialization of TK-based products,
including the creation of niche markets for such
products (in cooperation with ITC); and
• Assist interested developing countries in exploring
ways for the protection of TK, recognizing and
supporting the ongoing activities at WIPO
UNCTAD TC/CB Activities
• UNCTAD technical assistance and capacity
building for developing countries in support of
their participation in the Post-Doha WTO work
programme (Window 4: Environment);
– Traditional knowledge: support for effective
participation in discussions in WTO, WIPO and
CBD;
• UNEP-UNCTAD CBTF;
• Biotrade; and
• UNCTAD/FIELD project