Transcript FIRST WIPO INTERREGIONAL MEETING ON SOUTH-SOUTH COOPERATION ON INTELLECTUAL PROPERTY (IP) GOVERNANCE: GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE (GRTKF) AND COPYRIGHT RELATED AND.

FIRST WIPO INTERREGIONAL MEETING ON SOUTH-SOUTH
COOPERATION ON INTELLECTUAL PROPERTY (IP) GOVERNANCE:
GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE
(GRTKF) AND COPYRIGHT RELATED AND RELATED RIGHTS
8-10 August 2012
Brasilia,BRAZIL
Traditional Knowledge (TK), Traditional Cultural
Expressions (TCEs) and Genetic Resources (GR):
Current Situation, Progress and Main Issues at the
WIPO Intergovernmental Committee (IGC)
Yonah Ngalaba Seleti
Science and Technology
1
South Africa
PRESENTATION
OUTLINE
OUTLINE OF PRESENTATION
1.1.
2.2.
3.3.
4.
4.
5.
6.
5.7.
6.8.
7.9.
Historical Background
Introduction
Helicopter
Review of the Work of the IGC
Background
to IGC-WIPO
Intellectual
Property
Governance
Engagement
and
Negotiations of Issues
Progress but slow progress
Review of the Current IGC Mandate and
Increased momentum
Issues
Current Mandate
Progress Made on Main Issues
Progress on the Mandate
Review of
Challenges
andTactics
Tactics and Outcomes at the IGC
Way
Forwardto IGC?
Whither
PRESENTATION
OUTLINE
INTRODUCTION
Historical
• 1.The next
General Background
Assembly could be at a historical turning point
the first major
success
on GRTKF
2.and mark
Helicopter
Review
of the
Work of the IGC
• In moving the process forward, developing countries face many
3.challenges
Engagement
and Negotiations of Issues
ahead
• 4.Developing
countries
show leadership
in the negotiations
Review
of themust
Current
IGC Mandate
and
and coordinate
Issues effectively amongst themselves
• The work of the IGC should in no way hinder, but rather
5.complement,
Progress
on Main
Issuesin related issues at
theMade
work currently
undertaken
multilateral
6.otherReview
of fora
Tactics and Outcomes at the IGC
• Disagreement remains on the nature of the future
7.instrument/instruments
Whither to IGC?(legally binding or not), on whether the
diplomatic conference should take place, or on what should be
negotiated there.
HISTORICAL
BACKGROUND OF THE
IGC
PRESENTATION
OUTLINE
Background
•1.ItsHistorical
work started
in 1998
Review
the Work ofon
the
•2.In Helicopter
1998 and 1999
twoofroundtables
IPIGC
and
3.indigenous
Engagement
and Negotiations
peoples
convened of Issues
Review
of the Current
IGC
Mandate
and
•4.Nine
Fact Finding
Missions
were
undertaken
to Issues
identify and explore the IP needs and
5.expectations
Progress Made
on beneficiaries,
Main Issues including
of new
6.theReview
and Outcomes
at and
the IGC
holdersofofTactics
indigenous
knowledge
7.innovations
Whither to IGC?
• In 2000 the IGC was established
PARTICIPATION
IN THE IGCOUTLINE
PRESENTATION
st IGC in April 2001 WIPO’s General Rules Procedure,
• From
the
1
1. Historical Background
especially Rule 24 allows observers to take part in debates at the
2. Helicopter
of sessions
the Work
of agenda
the IGC
invitation
of the ChairReview
during IGC
on any
items
for
by Member
States and be incorporated
3. consideration
Engagement
and Negotiations
of Issues in the
text under negotiation if supported at least one Member State
4. Review of the Current IGC Mandate and
• Participation in IGC meetings of non governmental and other
Issues
organisations as ad hoc observers is possible through
5. Progress
Made
on Main
accreditation
process
decided
upon byIssues
Member States
• There
a WIPO of
Voluntary
accredited indigenous
and
6. isReview
TacticsFund
andforOutcomes
at the IGC
Local Communities
7. Whither to IGC?
• Panel of representatives of indigenous and local communities
• WIPO Administrative Support
• By 2011 there were 268 organisations accredited to the IGC
FROM AN EXPLORATORY TO A NEGOTIATING FORUM
PRESENTATION OUTLINE
•1. By providing
a specialized
forum for the structured exchange
Historical
Background
of information and views within WIPO, the IGC process has
2. succeeded
Helicopter
Review
of the
Work of understanding
the IGC
in building
up a robust
international
issues.
3. of the
Engagement
and Negotiations of Issues
• The exploratory “forum” has evolved into a true negotiating
4. body,
Review
of
the
Current
IGC
Mandate
and
framed by clear and tight schedules and sound working
Issues
methods
5.
Progress
Made on
Main
Issues
• In 2009,
WIPO Member
States
decided
that the IGC should
formal negotiations with the objective of reaching
6. begin
Review
of
Tactics
and
Outcomes
at
the
IGC
agreement on one or more international legal instruments
7. thatWhither
to IGC?
would ensure
the effective protection of GRs, TK and
TCEs
•
.
DEFINITION OF GOVERNANCE
PRESENTATION
OUTLINE
1.•
2.
3.
•
4.
Governance
social system is about Goal setting, law making and
Historicalin aBackground
regulations to institutionalize patterns of interaction which become
Helicopter
of the
Work
ofinthe
IGC
fixed
rules of theReview
game between
different
actors
the system
Engagement and Negotiations of Issues
It is about structuring relations into fixed patterns to reduce
Review and
of the
Current IGC
Mandate
complexity
limit contingencies
of actions
so as to and
make it
possible
Issuesfor mutual expectations to evolve so as to make interaction
between different actors predictable and stable and avoid
5. regulative
Progress
Made onand
Main
Issues of scope of policy
inconsistencies
fragmentation
6. actions
Review of Tactics and Outcomes at the IGC
7.• ItWhither
to
IGC?
is about adaptation, integration and pattern maintenance and
exchanges and reinforcement of action in a particular field.
WHATPRESENTATION
IS INTELLECTUAL PROPERTY
GOVERNANCE?
OUTLINE
• IP governance is about Goal setting, law making and regulations
1.to institutionalize
Historical Background
patterns of interaction which become fixed
rules of the games between different actors in the knowledge
exploitation,
distribution
dissemination
system
2.generation,
Helicopter
Review
of the and
Work
of the IGC
and
of Issues
• 3.HowEngagement
IP is governed – or
howNegotiations
it ought to be governed
– is related
how knowledge is created and valued in society. The concept
4.to
ofhence
the Current
IGC Mandate
andover the
of IPReview
governance
speaks to establishing
oversight
processes
of IP production, exploitation, distribution and access.
Issues
on Main
• 5.The Progress
activities of Made
IP governance
shouldIssues
entail the development of
policies and strategies for managing system of innovation at
6.different
Review
Outcomes
attothe
IGCof IP
levels.ofInTactics
this caseand
IP governance
speaks
politics
production, exploitation, distribution and the strategic
innovation
7.management
Whitherofto
IGC? system in an integrated way for
sustainable competitive advantage
IP GOVERNANCE OF THE PROTECTION OF TK/TCES
PRESENTATION OUTLINE
•1.Policy
– to setBackground
overall goals and directions
Historical
2.
Helicopter
Review
of
the
Work
of
the
IGC
• Law – to articulate policy through legal principles
3.andEngagement
and Negotiations of Issues
rights and duties
4. Review of the Current IGC Mandate and
• Practical
Issuestools – to take full advantage of and
supplement the law
5. Progress Made on Main Issues
•6.Consultation
capacity-building
– toatstrengthen
Review ofand
Tactics
and Outcomes
the IGC
formulation
and enable effective use of law
7.policy
Whither
to
IGC?
and practical tools
1.
2.
3.
4.
PRESENTATION
OUTLINE
TECHNOLOGICAL,
SOCIAL AND
POLITICAL
TRANSFORMATIONS
Historical Background
Helicopter Review of the Work of the IGC
TK/
Engagement and Negotiations
of Issues
TCEs
Heritage Policy
Policy
Review of the Current
IGC Mandate and
Diversity Policy
Issues
Limited “ownership” of
5. – fostering
Progress
creativity
the newMade on Main IssuesStewardship of the past +
enrichment of diversity
6. Review of Tactics and Outcomes
at the IGC
7. Whither to IGC?
WIPO (Berne, Rome, WCT, WPPT,
work of IGC)
UNESCO (2003/05
Conventions)
NEGOTIATING BLOCKSOUTLINE
IN THE IGC
PRESENTATION
•1. Developed
HistoricalCountries
Background• Developing Countries
2.
Helicopter
Review of •the
WorkGroup
of the IGC
African
• European
Union
3.
Engagement
and Negotiations
of Issues
• Asian Group
• Group
B
• IGC
Gulac
4.
Review
of
the
Current
Mandate
and
• Central Europe and
Issues
• China
Baltic States
5. Progress Made on Main
Issues
• Like-Minded
Countries
• Several Professional
6. Review of Tactics and•Outcomes
at the
IGC
Development
Agenda
Groups
Group
7. Whither to IGC?
• Indigenous Peoples
and Communities
PROGRESS MADE SINCE 2003
PRESENTATION OUTLINE
•
General Assembly 2003 IGC Mandate for 2004/2005
– 2005 Draft Principles and Objectives for TK and TCEs at IGC 7th Session
•
•
•
•
•
•
•
1.
Historical
Background
– This biennium introduced the instrument like proposals at the request of the members
– Little progress was made
2. Helicopter Review of the Work of the IGC
General Assembly in Sept 2007 Renewed Mandate for 2008/2009
– Focus on objectives and reluctance to engage in substantive discussions on article like provisions
3.
– List ofEngagement
issues and Gap Analysis and Negotiations of Issues
– African Group Durban Meeting and strategy for text based negotiations
–
IGC Session 14
a turningCurrent
point on mandate
4.July 2009
Review
ofas the
IGC Mandate and
– African Group and Allies’Proposal on text basis as the only way forward for mandate
IssuesSept 2009 Renewal of 2010/2011 mandate
General Assembly
2009 Text based negotiations
5. Progress
Made on Main Issues
Intersessional
Working Groups
– July 2010
-Gap Analysis
–
2011
of Key issuesand Outcomes at the IGC
6.February
Review
of-ListTactics
– March 2011 -GRs (Many submissions)
–
2011 Four
outstanding issues
for
Clarification
7.
Whither
to
IGC?
IGC 19 Session in 2011 as a crucial turning point towards text based negotiations on a
General Assembly of Sept 2005 Renewed Mandate for 2006/2007
th
text(s) of international legal instruments
General Assembly Sept 2011 Renewal of Mandate for 2012/2013
PROGRESSION OF ISSUES
PRESENTATION
OUTLINE
12th IGC SESSION IN February
2008
List of Issues on TK and TCEs
1.
1.
2.
2.
3.
3.
4.
4.
Historical Background
Definitions of Tk and TECs that should be protected
Helicopter Review of the Work of the IGC
Who should benefit from any such protection or who hold the right to
protectable TK and TCEs?
Engagement and Negotiations of Issues
What objective is sought to be achieved through according intellectual
property rights protection (economic and moral rights)?
Review of the Current IGC Mandate and
What sort of behaviour should be considered unacceptable/illegal?
Issues
5. Should
there be any exceptions or limitations to the rights?
6. For how long should protection be acorded?
5.
Made
Issues
7. ToProgress
what extent do
existing on
IPRs Main
already afford
protection?
8. What sanctions or penalties should apply to behaviour or acts
6.
Reviewto of
Tactics and
Outcomes at the IGC
considered
be unacceptable
or illegal?
9. Which issues should be dealt with at the international and national
7.
Whither
to IGC?
levels?
What divisions
should be made between the national and
international?
10. How should foreign rights holders/beneficiaries be treated?
PROGRESSION OF
ISSUES
PRESENTATION
OUTLINE
• GAP ANALYSIS WIPO/GRTKF/IC/13/5 OCT 2008
1. Historical Background
• The working definitions or other bases upon which
2.analysis
Helicopter
Review of the Work of the IGC
is conducted
• 3.Obligations,
provisions
possibilities already
existing at
Engagement
andand
Negotiations
of Issues
the international level
Current IGClevel,
Mandate
andthose
• 4.GapsReview
existingof
at the
the international
illustrating
gaps,Issues
to the extent possible, with specific examples
• 5.Consideration
relevant
to determine
whether those gaps
Progress
Made
on
Main
Issues
need to be addressed
Review
Tactics
andbeOutcomes
at address
the IGCany
• 6.What
optionsof
exist
or might
developed to
gaps,toincluding
legal and other options, whether
7.identified
Whither
IGC?
at the international, regional or national level
• For easy of accessing information a matrix was provided.
CURRENT MANDATE FOR 2012-13
40TH GENERAL ASSEMBLY, 26 Sept – 5 October 2011
PRESENTATION OUTLINE
(a) The committee will, during the next biennium (2012/13), and
1. without
Historical
Background
prejudice
to the work pursued in other fora, expedite its
work on text based negotiations with the object of reaching
2. agreement
Helicopter
Review of the Work of the IGC
on a text(s) of international legal instruments which
ensure the effective
protection
of GRs, TK and
3. willEngagement
and
Negotiations
of TCEs.
Issues
(b) The Committee will follow a clearly defined work programme
4. based
Review
of the Current IGC Mandate and
on sound working methods for the 2012/2013 biennium:
Issues
Initially
4 Sessions; 3 thematic with a provision for the General
to consider the need for additional meetings
5. Assembly
Progress
Made on Main Issues
(c) WIPO documents including WIPO/GRTKF/1C/19/4,
6. WIPO/GRTKF/1C/19/5,
Review of Tactics
and Outcomes
WIPO/GRTKF/1C/19/6
andat the IGC
as basis for text based negotiations as well
7. WIPO/GRTKF/1C/19/7
Whither
to
IGC?
as any other text contributions by Members
2012/2013 BIENNIUM WORK SCHEDULE
Date
PRESENTATION
OUTLINE
Activity
February 2012
IGC 20 (GRs). To Undertake text based
negotiations with a focus on considering
options for a draft legal text as detailed in
WIPO/GRTKF/1C/19/7 (8 days)
2013
IGC 23. Consider decision of General
Assembly and take stock of further work
required to finalise text/s.
1. Historical Background
2. Helicopter Review of the Work of the IGC
3.
Engagement
and Negotiations
April/May
2012
IGC 21 (TK). Focusof
on 4Issues
key articles viz
subject Matter of protection,
4. Review of the Current
IGC Mandate
andand
Beneficiaries,
Scope of Protection
Limitations and Exceptions
Issues
July 2012
IGC 22 (TCEs). Focus on 4 key articles viz
subjectIssues
Matter of protection,
5. Progress Made on Main
Beneficiaries, Scope of Protection and
and Exceptions
6. Review of Tactics andLimitations
Outcomes
at the IGC
7.
Whither
to IGC?
September
2012
General Assembly
DRAFT STUDY ON PARTICIPATION OF OBSERVERS OF
PRESENTATION
OUTLINE
IGC-GRTKF
th session of the GA in 2011 invited the IGC to review its
The
1. 40Historical
Background
procedures with a view to enhancing the positive contribution of
observers
to the IGC process:
2. Helicopter
Review of the Work of the IGC
3.
1.
2.
4.
3.
4.
5.
5.
6.
6.
7.
7.
8.
9.
Engagement
Issues
Clarifying
relationshipand
with Negotiations
diverse categories ofofobservers
Cooperating
spirit
of partnership
Review inofthethe
Current
IGC Mandate and
Substantiating policy debates through enhanced engagement
Issues
Facilitating coordinated expert advice and input
Enhancing
national
and regional
dialogues
and awareness-raising
Progress
Made
on Main
Issues
Fortifying Financial and other means of support for direct
Review of Tactics and Outcomes at the IGC
participation
Expanding interaction through information exchange
Whither to IGC?
Awareness-raising and communications tools
Strengthening cooperation with other United Nations bodies,
programmes and agencies
WHY HAS THE IGC NOT FULLY REFLECTED THE VIEWS OF
INDIGENOUS AND OTHER LOCAL COMMUNITIES?
PRESENTATION OUTLINE
1.
•
2.
3.
4.
•
5.
6.•
7.
Historical Background
There are several reasons that explain why the
Helicopter Review of the Work of the IGC
IGC has not succeeded in fully reflecting the
Engagement
and Negotiations
Issues
demands
of indigenous
and otheroflocal
Review of the Current IGC Mandate and
communities:
Issues
Its Member State driven committee, Member
Progress
Made
on Main Issues
State
interests
dominate.
Review of Tactics
Outcomes
atlobby
the IGC
Indigenous
peoplesand
Groups
failure to
Whither tomembers
IGC?
progressive
states for support
• Divisions in their ranks regarding their demands
2012/2013 BIENNIUM WORK SCHEDULE
Date
PRESENTATION
OUTLINE
Activity
February 2012
IGC 20 (GRs). To Undertake text based
negotiations with a focus on considering
options for a draft legal text as detailed
in WIPO/GRTKF/1C/19/7 (8 days)
•Development of a single text was a great
achievement
•Mandatory Disclosure was the intractable
issue that divided the member states
•Counter Proposal from Japan on database
as an alternative
Beneficiaries, Scope of Protection and
Limitations and Exceptions
individuals, families and states as
beneficiaries
•Discussions went beyond the four issues
and added complications in text
1. Historical Background
2. Helicopter Review of the Work of the IGC
3. Engagement and Negotiations of Issues
April/May 2012
•No agreement on definition; scope and
4.
Review
of
the
Current
IGC Mandate and
IGC 21 (TK). Focus on 4 key articles viz
limitations and exceptions.
subject Matter
of protection,
•Differences on inclusion of nations,
Issues
Beneficiaries, Scope of Protection and
individuals, families and states
Limitations
and Exceptions
•Discussions
went beyond the four issues
5. Progress
Made on Main
Issues
and added complications in text
6.2012Review of Tactics and
Outcomes
at the
July
•No agreement
on definition;
scopeIGC
and
IGC 22 (TCEs). Focus on 4 key articles viz limitations and exceptions.
7. Matter
Whither
to IGC? •Possible solution to inclusion of nations,
subject
of protection,
GENETIC
RESOURCES AND ASSOCIATED
TRADITIONAL
PRESENTATION
OUTLINE
KNOWLEDGE
• Succeeded for the first time to produce a single document on Genetic
1.
Historical
Background
Resources
and its associated
TK
• The section on Policy objectives still has options
2. Helicopter Review of the Work of the IGC
• The thrust of the options is that the developing countries are driving does
binding language while the developed countries would like it to be more open.
• Developing countries ensuring that the burden of providing information and
other requirements is not placed on indigenous and local communities
4.
Review of the Current IGC Mandate and
• Substantive Matters
Issues
• A tendance
to separate GR from the associated TK
• A move to exclude derivatives
• Developing countries attempting to have a disclosure requirement close to the
CBD Mandatory Requirement
Review
of Tactics
and
Outcomes
atasthe
IGC
• 6.
A possibility
of accepting
a voluntary
dsclosure
requirement
per proposals
from Norway and Switzerland
7.
Whither
toto IGC?
• The turning
attention
the PCT and PLT- the African proposal
• The attention to the databases• Guidelines or recommendations on defensive protection
• A lot of diferences on the sanctions, remedies and exercise of the rights
3.
Engagement and Negotiations of Issues
5.
Progress Made on Main Issues
TRADITIONAL KNOWLEDGE
•
•
•
1.
•2.
•3.
•
4.
•
•
5.
•
•6.
7.
•
•
PRESENTATION OUTLINE
The aim of the session was to provide
The section on Objectives and Principles still contain too many divergent views.
The definition proffered in the document has a complex combination of stuff that needs to
be cleaned out. Indigenous peoples and member states from developing countries to sort
out the mess
It will help if the blocks could be allowed to focus with the option that represents their
interests.
On the beneficiaries this is better provision.
The article on Scope of protection the options are clear. Article 3 BIS is placed there as a
detractor.
The options can easily be separated into two reflecting the divergent views.
The text has become more complicated as somewhat new options have been introduced or
added on o the 19/4 document. i.e Article 5
On Exceptions and Limitations too many alternatives
The purpose of the articles is to have an instrument that is enforceable but the negotiating
partners from the North always suggest ways to weak the effectiviness of any of the articles
(may/should/shall); (Member States/contracting parties); and (holders /owners)
The way forward is that the text is mature and contain all the information to result into a
legal instrument and should proceed towards a diplomatic conference for agreement on
legally binding instrument.
The facilitators comments and the text be the only documents for further negotiations to
Historical Background
Helicopter Review of the Work of the IGC
Engagement and Negotiations of Issues
Review of the Current IGC Mandate and
Issues
Progress Made on Main Issues
Review of Tactics and Outcomes at the IGC
Whither to IGC?
PRESENTATION
TRADITIONAL CULTURALOUTLINE
EXPRESSIONS
1.
•
2.•
3.•
4.•
Historical Background
Did not have time to discuss Objectives and Principles
Helicopter
Review of the Work of the IGC
Substantive
Articles
Clearer
approach toand
definition
and eligibility criteria
in article 1
Engagement
Negotiations
of Issues
Very clear definition of beneficiaries
Review of the Current IGC Mandate and
• Scope of Protection has options but they are clear
Issues
• Administration of rights is an area where indigenous peoples and
statesMade
from developing
countries
can work together to
5. member
Progress
on Main
Issues
streamline diferences
6.• Exeptions
Reviewand
oflimitations
Tactics provides
and Outcomes
at
the
IGC
a much cleaner text than the TK.
7.• The
Whither
tonotes
IGC?
facilitators
provide an explanatory not on the approach
taken.
PRESENTATION
OUTLINE
DEVELOPMENT AGENDA
REPORTS
1.
•
2.
3.
4.
Historical Background
Brazil speaking on behalf of DAG was concerned about the
Helicopter
Review
theand
Work
IGC
pace
despite the
progressof
made
urgedof
to the
strengthen
efforts towards concluding the negotiations and fulfill the
Engagement
Negotiations
of Issues
General
Assemblyand
mandate.
Explained relevance
of a binding
legal
instrument
to development
Review
of the
Current IGC Mandate and
• South
Africa on behalf of the African Group noted the
Issues
progress made and looked forward to the General Assembly
5. making
Progress
Madedecision
on Main
Issues
a landmark
towards
a Diplomatic conference
and called for apolitical will from Member states
6. Review of Tactics and Outcomes at the IGC
• The European Union noted that the work of their biennial was
7. without
Whither
to IGC?
prejudice
to the outcome. It noted that further
substantive work was required to fulfil the Mandate of the
General assembly
PRESENTATION
OUTLINE
DEVELOPMENT AGENDA
REPORTS
1.
Historical
Background
• Delegation of Italy on behalf og Group B acknowledge progress made
indicated
that further
work of
remained
to be done
in
order
to fulfil
2.but
Helicopter
Review
the
Work
of
the
IGC
the mandate of the Committee. Called for the preservation of a robust,
and accessible public
domain
and the obligations
of flexibilities in
3.rich
Engagement
and
Negotiations
of
Issues
international IP agreements as they may be relevant.
•4.Delegation
of Iran
behalf
of the Asian
noted theand
role of the
Review
ofonthe
Current
IGCGroup
Mandate
IGC in norm setting in relation to internationally binding rules for the
Issues
protection
of TK, TCEs and GR to benefit developing countries. Urged
member States for a constructive engagement to solve divergences
5.withProgress
Made
on Main
Issues
a view to holding
a Diplomatic
Conference.
•6.The Review
USA in support
of Italy supported
a non bindingat
international
of
Tactics
and
Outcomes
themandate
IGC
instrument pursuant to the current WIPO General Assembly
called for preservation
7.and Whither
to IGC?of policy space and flexibilities.
• Argentina, India, Algeria
• Gulac did not make a statement and what does that reflect?
PRESENTATION
POSSIBLE SCENARIOSOUTLINE
AT THE GA
1.
•
2.
3.•
4.
•
5.
•
6.
7.
Historical Background
The mandate of the committee leaves no outcome
Helicopter Review of the Work of the IGC
excluded
Engagement
and countries
Negotiations
of Issues
To
many developed
the outcome
of the IGC
should
not
any particular
outcome
Review
ofprescribe
the Current
IGC Mandate
and
The
word protection is understood to include legal
Issues
and non legal measures
Progress Made on Main Issues
Possible Outcomes:
Review
of Tactics andGovernanceOutcomes
at setting
the IGC
– Legal instrument(s)
norm
– Declaration
Whither
to IGC? Policy
– Guidelines
Issues
PRESENTATION
OUTLINE
APPROACHES
TO NEGOTIATIONS
AT THE IGC
•
•
•
•
•
•
•
1. Historical Background
There has always been a plea for definitional clarity of TK, TCEs
2.
theTK;Work
of GR
the IGC
ThereHelicopter
are question ofReview
immatureof
texts:
TCEs and
Request
for more studies
3.
Engagement
and Negotiations of Issues
Quest for more national examples to lead up into international norm
4.
Review of the Current IGC Mandate and
setting
The conventional
Issues norms of IP as the norm for TK,TCEs and GRs
More work needs to be done on objectives and principles
5.
Progress
Made
onand
Main
Attempts
to weaken
the texts
makeIssues
them as confusing as
possible
by introduction
of detractors
or detractingat
texts
6.
Review
of Tactics
and Outcomes
the IGC
Lobbying countries before major session as collection of intelligence
7.
Whither
to IGC?
Presentation
of partisan
views dressed up as scientific and tested
•
•
• Non-engagement on substantive issues to undermine progress
• Presentation of new proposals all the time
PRESENTATION
OUTLINE
DEVELOPING COUNTRIES
TACTICS
1.•
2.
•
3.•
4.•
Historical
Background
Set the terms of the negotiations by making written
submissions
Helicopter Review of the Work of the IGC
Use group coherence as pressure and consensus setting
Engagement and Negotiations of Issues
Adequate preparations of substantive and tactical issues
Review of collaboration
the CurrentonIGC
Mandate
and
Interregional
consensus
building
• Create
Issuescritical thpoints ofthengagement for decision making
such as the 14 and 19 Sessions
5.• Focus
Progress
Made on
Main
Issues
on substantive
issues
rather
than the principles and
butTactics
ignore them
your peril at the IGC
6. objectives
Review of
andatOutcomes
• Provision of technical information on issues seeking clarity
7.• No
Whither
linkages to
withIGC?
negotiations in other foras
CHALLENGES IN NEGOTIATING STRATEGIES OF
DEVELOPING COUNTRIES
PRESENTATION OUTLINE
• 1.Shared
long term
objectives
Historical
Background
• 2.Cohesion
and lackReview
of it in Regional
Groupsof the IGC
Helicopter
of the Work
• Impact of Emergent groups such as the Like-minded group,
3.Development
Engagement
and
Negotiations of Issues
Agenda
Group
Review
of interests
the Current IGC Mandate and
• 4.Strong
national
Issues
• Capacity
of negotiating Groups
• 5.Change
of negotiating
teams
Progress
Made on
Main Issues
• 6.Mobility
of Experienced
Review
of Tactics negotiators
and Outcomes at the IGC
• Developing countries that are influenced by big powers
7. Whither to IGC?
• Individuals sacrificing national for self- interests
• Timing of consultation with capital officials
OUTSTANDING
ISSUES FOR
NEGOTIATIONS
PRESENTATION
OUTLINE
•
•
•
•
•
Three
separate texts
or weld them into one
1.
Historical
Background
Is there
any moreReview
work onof
definitions?
2.
Helicopter
the Work of the IGC
Is the scope of protection adequate for GRTKF?
3. Engagement and Negotiations of Issues
Are the beneficiaries well defined?
4.
Review
of
the
Current
IGC
Mandate
and
Are the limitations and expectations properly delineated to
avoidIssues
over exposure?
Progress
Mademandatory
on Main Issues
• 5.
On genetic
resources,
requirements or new
legalReview
instrument?
6.
of Tactics and Outcomes at the IGC
• Are the three document sufficiently matured for a
7.
Whither
to
IGC?
diplomatic conference?
• What are the conditions for the Diplomatic Conference?
WAY PRESENTATION
FORWARD AT THE GENERAL
ASSEMBLY
OUTLINE
• What do we expect at the General Assembly
1.
Background
• TheHistorical
adequacy/readiness
of the Three separate Texts
a diplomaticReview
conference
2. forHelicopter
of the Work of the IGC
• Conditionalities for the renewal of the mandate
3. Engagement and Negotiations of Issues
• What are the preferred scenarios
4.
Reviewcountries
of the Current
IGC Mandate and
• Developed
approach
Issues countries approach
• Devoloping
•5. Outcomes
of the
General
Assembly
Progress
Made
on Main
Issues
•6. Beyond
the of
General
Assembly
Review
Tactics
and Outcomes at the IGC
• It there a possibility of Reconstituting a new south –
7. south
Whither
to IGC?
negotiating
platform
• Commonalities between the texts can be an
opportunity
PRESENTATION OUTLINE
1.
2.
3.
4.
5.
6.
7.
Historical Background
Helicopter Review of the Work of the IGC
Engagement and
Negotiations
of
Issues
THANK YOU
Review of the Current IGC Mandate and
FOR
YOUR
ATTENTION
Issues
Progress MadeOBLIGADO
on Main Issues
Review of Tactics and Outcomes at the IGC
Whither to IGC?