Protecting Traditional Knowledge ― The Wipo Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore

This is the first comprehensive review of the World Intellectual Property Organization (WIPO) Intergovernmental Committee (IGC) process, which began in 2000. In 2009 the IGC received a mandate from WIPO members to undertake formal text-based negotiations towards legal instruments for the protection of genetic resources (GRs), traditional knowledge (TK) and traditional cultural expressions (TCEs). This occurred at a time when deliberations on these issues at other multilateral forums, such as the WTO, were stagnating. Since then delegates and observers, including indigenous and local communities, have made progress towards consolidated texts. However, important disagreements still persist in some key areas under discussion. If such disagreements were to be resolved, the adoption of these legal instruments would be a significant development towards resolving key gaps in the modern intellectual property system.

The volume analyses the WIPO IGC process and the negotiation politics. It provides an in-depth consideration of the key thematic areas within WIPO discussions – GRs, TK and TCEs – and how they have been considered in other forums and contexts (in national systems and experiences, and also in free trade agreements), as well as the challenges that arise in seeking to reach agreement on mechanisms to protect them. It also considers the future of the IGC and suggests options which could contribute towards consensus building to overcome further obstacles.

Daniel F. Robinson is Senior Lecturer, Institute of Environmental Studies, at the University of New South Wales (UNSW), Sydney, Australia. He is also a Visiting Research Fellow at the International Centre for Trade and Sustainable Development? (ICTSD), Geneva, Switzerland.?

Ahmed Abdel-Latif is Senior Programme Manager, Innovation, Technology and Intellectual Property at ICTSD.

Pedro Roffe is Senior Associate, Innovation, Technology and Intellectual Property at ICTSD.