Brief Summary of Working Documents for the Twelfth Session of the IGC

(Geneva, February 25 to 29, 2008)

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Working documents

WIPO/GRTKF/IC/12/1 Prov 2.: Draft Agenda for the twelfth session:
This document contains the proposed items to be dealt with by the Committee, and is submitted to the Committee for possible adoption when it convenes for its twelfth session.

WIPO/GRTKF/IC/12/2: Accreditation of Certain Organizations:
This document sets out the names, contact details and aims and objectives of organizations which have applied to the Committee for accreditation as ad hoc observers to future sessions of the Committee. Accredited Organizations are invited to attend all meetings of the Committee, receive copies of all working documents, are entitled to make interventions on the issues under discussion following interventions by Member States, and can submit papers on issues being considered by the Committee for uploading on a special website reserved for Observers.

WIPO/GRTKF/IC/12/3: Participation of Indigenous and Local Communities: Voluntary Contribution Fund:
The WIPO General Assembly has established a “WIPO Voluntary Contribution Fund for Accredited Indigenous and Local Communities”. The decision was taken on the basis of document WO/GA/32/6, which sets out the objectives and operation of the Fund. This document provides an update on the implementation of the Voluntary Fund and draws attention to specific questions before the Committee at its twelfth session, in particular the appointment of the Advisory Board. The required information note providing details of contributions received and beneficiaries is circulated in parallel as document WIPO/GRTKF/IC/12/INF/4.

WIPO/GRTKF/IC/12/4: The Protection of Traditional Cultural Expressions/Expressions of Folklore:
The Committee is currently considering the protection of traditional cultural expressions ("TCEs")/ expressions of folklore ("EoF") through two processes:

1. consideration of an agreed list of Issues concerning the protection of TCEs/EoF; and
2. consideration of a draft set of "Revised Objectives and Principles for the Protection of Traditional Cultural Expressions/Expressions of Folklore" ("Objectives and Principles").

The working documents on protection of TCEs/EoF prepared for the twelfth session of the Committee, in line with the decisions taken at the eleventh session, comprise:

1. WIPO/GRTKF/IC/12/4 (a): a brief overview of current work on TCEs/EoF;
2. WIPO/GRTKF/IC/12/4(b): a factual extraction, with attribution, consolidating the view points and questions of Members and Observers on the List of Issues considered during the eleventh session including their comments submitted in writing for the eleventh session, subject to review of Member States and observers and without prejudice to any position taken on these issues;
3. WIPO/GRTKF/IC/12/4(c): the text of the draft Objectives and Principles, identical to the text that was circulated at recent sessions, in line with the decision of the eleventh session that this document "remains on the table in its existing form."

WIPO/GRTKF/IC/12/5: The Protection of Traditional Knowledge: Revised Objectives and Principles:
The Committee is currently considering the protection of traditional knowledge ("TK") through two processes:

1. consideration of an agreed list of Issues concerning the protection of TK; and
2. consideration of a draft set of "Revised Objectives and Principles for the Protection of Traditional Knowledge" ("Objectives and Principles").

The working documents on protection of TK prepared for the twelfth session of the Committee, in line with the decisions taken at the eleventh session, comprise:

1. WIPO/GRTKF/IC/12/5(a) a brief overview of current work on TK;
2. WIPO/GRTKF/IC/12/5(b) a factual extraction, with attribution, consolidating the view points and questions of Members and Observers on the List of Issues considered during the eleventh session including their comments submitted in writing for the eleventh session, subject to review of Member States and observers and without prejudice to any position taken on these issues;
3. WIPO/GRTKF/IC/12/5(c) the text of the draft Objectives and Principles, identical to the text that was circulated at recent sessions, in line with the decision of the eleventh session that this document "remains on the table in its existing form."

WIPO/GRTKF/IC/12/6: Practical Means of Giving Effect to the International Dimension of the Committee's Work:
The Committee has decided to international dimension integrally with other substantive items on its agenda, notably the items on TK, TCEs/EoF, and genetic resources. This document supplements substantive documents, by providing technical background information on questions such as the interplay between the international dimension and national legal systems, the preferred manner of recognition of foreign right holders, and the appropriate relationship with other international instruments and processes.

A series of documents have considered the practical aspects of the Committee’s work under the following three aspects:

(i) what should be the content of the outcome –- the question of substance, or what subject matter, focus and level of detail should the outcome have (including the substantial element of its international dimension);

(ii) what should be the nature, format or status of the outcome – the question of what the format or nature of an outcome should have, and what legal or political status and legal, political or ethical implication should the outcome have, including any international legal implications;

(iii) how should the Committee work towards the outcome – the question of what procedures or processes, and what forms of consultation, would help lead to understanding on the content and status of any proposed outcome; and what timelines or interim steps should apply.

This document provides background information on technical or practical aspects of these questions, and may possibly be drawn on as appropriate as a background resource only in the Committee’s work. It reviews the possible approaches concerning the format or status of an outcome as including: a binding international instrument or instruments; a non-binding statement or recommendation; guidelines or model provisions; authoritative or persuasive interpretations of existing legal instruments; and an international political declaration espousing core principles and establishing the needs and expectations of TCE/TK holders as a political priority.

WIPO/GRTKF/IC/12/7: Recognition of Traditional Knowledge within the Patent System:
At earlier sessions, the Committee approved an outline and structure for a set of recommendations for patent authorities on examination of TK related applications, and requested the Secretariat to prepare a full draft set of recommendations. This document contains a third revision of the draft recommendations for the Committee’s consideration. It draws on past documents, especially WIPO/GRTKF/IC/5/6, WIPO/GRTKF/IC/6/8, WIPO/GRTKF/IC/7/8, WIPO/GRTKF/IC/8/8 and WIPO/GRTKF/IC/9/8, as well as the national positions and reports that led to this work and are addressed in those documents. It also draws on responses to a Questionnaire on Recognition of Traditional Knowledge and Genetic Resources in the Patent System (WIPO/GRTKF/IC/Q.5) that was circulated between the Committee’s sixth and seventh sessions. (Responses to the questionnaire are contained in WIPO/GRTKF/IC/9/INF/6.)

WIPO/GRTKF/IC/12/8: Genetic Resources:
The working documents on protection of genetic resources prepared for the twelfth session of the Committee, in line with the decisions taken at the eleventh session, comprise:

• WIPO/GRTKF/IC/12/8 (a), a document listing options for continuing or further work, including work in the areas of the disclosure requirement and alternative proposals for dealing with the relationship between intellectual property and genetic resources; the interface between the patent system and genetic resources; and the intellectual property aspects of access and benefit-sharing contracts; this document reproduces the text of the corresponding document from the eleventh session, WIPO/GRTKF/IC/11/8 (a), in line with the Committee’s decision at its eleventh session that the document "remains on the table in its existing form and comments made in relation to it are noted."
• WIPO/GRTKF/IC/12/8 (b), a factual update of international developments relevant to the genetic resources agenda item. This document is the further update of WIPO/GRTKF/IC/11/8 (b) that was requested by the Committee, including the omissions identified in the eleventh session, more recent developments, and any other relevant developments reported to the Committee.

 

Information Documents

WIPO/GRTKF/IC/12/INF/1: List of Participants:
A draft list of participants will be circulated at the twelfth session.

WIPO/GRTKF/IC/12/INF/2: Brief Summary of working documents:
The present document, prepared as an informal guide to the Committee’s documentation.

WIPO/GRTKF/IC/12/INF/3: Draft program:
In line with the Committee’s request at its tenth session, this document sets out a suggested program, identifying possible timing for each agenda item. This draft program is indicative only, and the actual organization of work of the Committee would be determined by the Chair and its members in line with the rules of procedure.

WIPO/GRTKF/IC/12/INF/4: Voluntary Fund for Accredited Indigenous and Local Communities: Information Note on Contributions and Applications for Support:
This document sets out information required to be reported to the Committee on the operation of the Voluntary Fund for Accredited Indigenous and Local Communities. The rules are set out in the Annex to document WO/GA/32/6, which was approved by the General Assembly at its 32nd session. In particular, it gives information of contributions received or pledged, and actual support provided to representatives of accredited indigenous and local communities.

WIPO/GRTKF/IC/12/INF/5: Information Note for the Panel of Indigenous and Local Communities:
Following a decision of the Committee at its seventh session, each session of the Committee now commences with a panel chaired by a member of an Indigenous community. The panel was held at the commencement of the previous four sessions of the Committee. On each occasion, seven representatives of indigenous and local communities gave presentations on their communities’ experiences and concerns in relation to TCEs, TK and related genetic resources. Similar arrangements have been made for the panel to commence the twelfth session. This document sets out proposed practical arrangements for the panel.

WIPO/GRTKF/IC/12/INF/6: United Nations Declaration on the Rights of Indigenous Peoples:
The Division for Social Policy and Development, Department of Economic and Social Affairs, United Nations, requested that “the recently adopted United Nations Declaration on the Rights of Indigenous Peoples [be] made available” to the twelfth session of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (the Committee). In line with this request, the text of the Declaration is contained in the Annex to this document for the information of the Committee.