IGC review of policy issues

Overview

At its tenth session, the WIPO Intergovernmental Committee (IGC) identified ten key questions relating to the protection of traditional cultural expressions/expressions of folklore (TCEs/EoF) and relating to the protection of traditional knowledge (TK). The IGC established a commentary process regarding these issues, which took place between its tenth and eleventh sessions. The Committee then undertook an extensive review of the issues and commissioned factual extractions of the comments and viewpoints made on these issues.

This page provides:

• lists of the two sets of issues on protection of TCEs and TK
• links to the comments received on the issues in accordance with the decision at the tenth session
• the draft factual extractions of these comments that were commissioned at the eleventh session (see decisions from the eleventh session).

Issues on Traditional Cultural Expressions/Expressions of Folklore

1. Definition of traditional cultural expressions (TCEs)/expressions of folklore (EoF) that should be protected.
2. Who should benefit from any such protection or who hold the rights to protectable TCEs/EoF?
3. What objective is sought to be achieved through according intellectual property protection (economic rights, moral rights)?
4. What forms of behavior in relation to the protectable TCEs/EoF should be considered unacceptable/illegal?
5. Should there be any exceptions or limitations to rights attaching to protectable TCEs/EoF?
6. For how long should protection be accorded?
7. To what extent do existing IPRs already afford protection? What gaps need to be filled?
8. What sanctions or penalties should apply to behavior or acts considered to unacceptable/illegal?
9. Which issues should be dealt with internationally and which nationally, or what division should be made between international regulation and national regulation?
10. How should foreign rights holders/beneficiaries be treated?

 

Issues on Traditional Knowledge

1. Definition of traditional knowledge that should be protected.
2. Who should benefit from any such protection or who hold the rights to protectable traditional knowledge?
3. What objective is sought to be achieved through according intellectual property protection (economic rights, moral rights)?
4. What forms of behavior in relation to the protectable traditional knowledge should be considered unacceptable/illegal?
5. Should there be any exceptions or limitations to rights attaching to protectable traditional knowledge?
6. For how long should protection be accorded?
7. To what extent do existing IPRs already afford protection? What gaps need to be filled?
8. What sanctions or penalties should apply to behavior or acts considered to unacceptable/illegal?
9. Which issues should be dealt with internationally and which nationally, or what division should be made between international regulation and national regulation?
10. How should foreign rights holders/beneficiaries be treated?

 

Comments received

Comments on the issues have been received from members of the Committee and from accredited observers. The following table provides links to the comments, in the form received. The comments will also be circulated as documents for the eleventh session. (All files are in PDF format.)