A Stronger Voice for Indigenous and Local Communities in WIPO Work on TK and Traditional Cultural...

8/10/2019 A Stronger Voice for Indigenous and Local Communities in WIPO Work on TK and Traditional Cultural Expressions and Genetic Resources

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A STRONGER VOICEFO R IN D IG EN O US AN D LO CA L CO M M UN ITIES

IN W IPO S W O RK O N TRA D ITIO N A L KN O W LED G E,

TRA D ITIO N A L C U LTU RA L EXPRESSIO N S

AN D G EN ETIC RESO URC ES:

THE WIPO

VOLUNTARY FUND

W O RLDIN TELLEC TUA LPRO PERTYO RG A N IZATIO N

Booklet n 3This is one of a series of Booklets dealing

w ith intellectual property and genetic

resources, traditional know ledge and

traditional cultural expressions/folklore


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The illustration on the right side of the front cover reproduced a detail

of the w ork entitled M unupi M uralby Susan W anji W anji,

M unupi A rts and C rafts A ssociation, Pirlangim pi C om m unity, M elville Island, A ustralia.

M s. W anji W anji is the copyright holder in the w ork. The w ork w as used w ith the full

express and inform ed consent of the artist. A ll rights reserved.

C redit for the photos: W IPO /M ercedes M artnez-D ozal

A ll the photos have been taken during the IG C m eeting held in G eneva,from July 3 to 12, 2007, w ith the consent of the persons concerned.


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CONTENTS

I. INTRODUCTION: NOTHING FOR US, WITHOUT U

II. THE FACT FINDING CONSULTATIONS

III. THEWIPO INTERGOVERNMENTALCOMMITTEE

IV. PRACTICAL STEPS

V. THEVOLUNTARYFUND FORINDIGENOUS

ANDLOCALCOMMUNITIES

VI. PRACTICAL TIPS FOR APPLICANTS AND DONORS

VII. QUESTIONS ANDANSWERS ON THEFUND

VIII. THERULES: FULL TEXT OF THE DECISION

ESTABLISHING THEFUND

IX. RESPONDING TO THE NEEDS AND EXPECTATIONSOF INDIGENOUS AND LOCAL COMMUNITIES


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I. INTRODUCTION: NOTHING FOR US, WITHOUT

The World Intellectual Property Organization (WIPO) launched

initiative in 1998: a holistic program of work on traditional know

traditional cultural expressions (TCEs)/expressions of folklore a

resources (GR). From the beginning, this program has posed u

The work is fully global in perspective, considering internation

concerns about how TK, TCEs and GR are used and dissemina

also intrinsically local, recognizing the needs, expectations and

intellectual perspectives that are integral to the very identity a

traditional and local communities.

These are issues of truly global reach. The work deals w

treaties both within and well beyond the realm of intelle

It covers virtually every form of IP, including new, distinc

protection tailored for TCEs and TK. Policy debates addr

themes as human rights, cultural policy, indigenous ide

governance, conservation of biodiversity, equitable shabiodiversity, and international trade.

Yet this work relates to traditional knowledge systems

cultural expression and transmission that are deeply roo

forms of life, belief systems, values and customary law

many diverse communities around the world.

A consistent, central concern has therefore been how to ensu

adequate representation and participation of those communiti

concerned. TK and TCEs are typically defined with reference to

2


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III. THEWIPO INTERGOVERNMENTALCOMMITT

In 2001, WIPO convened a purpose-built body to discuss thes

Intergovernmental Committee on Intellectual Property and Ge

Traditional Knowledge and Folklore (the IGC). From the outse

strong calls for indigenous and local communities to have an a

work. The IGC may be taking decisions that directly impact the

communities and that seek to address their concerns. It was s

diverse perspectives of those communities should be clearly h

deliberations: nothing for us, without us, as one delegation p

communities of course hold unique experience and understan

and of the real world context of recognition and promotion of knowledge systems, forms of cultural expression, and creative

offer indispensable guidance and advice for the Committee.

Therefore, from its first session, indigenous and local commun

an active role in the IGCs work, arguing strongly for their role

The need to enhance the role of indigenous and local commuechoed by many government delegations, and was repeatedly

IGC itself in its formal decisions, as well as the WIPO General

extracts from these high-level decisions:

There was a unanimous view that the participation of

communities was of great importance for the work of t

The IGC should consider suitable further mechanisms

facilitating the involvement of representatives of indige

communities in its work

4


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IV. PRACTICAL STEPS

A series of practical steps has given effect to these decisions:

(i) A fast-track accreditation procedure for all non-governm

intergovernmental organizations has operated since the

April 2001. Nearly two hundred observers have been sp

to participate in the work of the IGC, additional to manyholding a general accreditation to WIPO. The majority o

observers represent indigenous and local communities

TK and TCEs.

New and accumulated ad hoc accreditations to the Committee from the f

sessions (omits general WIPO accreditations). Many represent indigenous

communities.


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(iii) The WIPO General Assembly has extended a formal inv

United Nations Permanent Forum on Indigenous Issues

sessions of the IGC and many participants have welcom

participation of the Forum. Forum members have chaire

panel that commences each session of the IGC, and th

has had direct input to the working documents of the I

(iv) Several WIPO Member States have adopted the practic

participation of representatives of indigenous and local

sessions, who often speak on behalf of their communit

(v) The funds provided by WIPO to support Member Statedeveloping countries have been used in some cases by

support the participation of leaders of their indigenous

communities.

(vi) Consultations and workshops at the national and region

fora aimed at developing focused input for the IGC havrepresentatives of the Forum and indigenous and local

speakers and participants.

(vii) The WIPO web site provides space for accredited obse

written contributions on the issues before the IGC.

(viii) Specific briefings and consultations for NGO represent

representatives of indigenous and local communities, a

during IGC meetings and at other events.

6


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(ix) The WIPO Secretariat has continued its past practice o

interested representatives of indigenous and local comdocuments and other material being developed for the

related capacity-building documents, including a series

a distance learning course contributed to by indigenous

materials, particularly the draft provisions on protection

have directly incorporated textual proposals and extens

indigenous and local communities taking part in the pro

(x) WIPO has commissioned indigenous experts to prepar

studies on such questions as the protection of tradition

expressions and the recognition of customary law.


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V. THEVOLUNTARYFUND FORINDIGENOUS

ANDLOCALCOMMUNITIES

One of the most important of these practical steps was the cr

Voluntary Fund for Accredited Indigenous and Local Communi

representatives of indigenous and local communities have stre

confront disproportionate logistical difficulties when seeking t

multilateral meetings in Geneva: many communities lack fund

accommodation of their representatives. Increased efforts to a

problem led to extensive consultations within the IGC and a re

practices in support of indigenous participation in internationa

Nations processes.

This work culminated in the 2005 decision of the WIPO Gener

establish the Voluntary Fund. The Fund was designed exclusiv

participation of representatives of accredited indigenous and l

and other customary hol

of TK and TCEs in IGC seaims and rules of operat

decision of the General A

follows below (see pp.2

The Fund is designed to

transparently and to ensfunds directly support in

community participation

placing a strain on the re

WIPO. The Fund relies exclusively on voluntary contributions b

8


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ensuring a broad geographical spread of participation a

geo cultural regions recognized by the United Nations P

on Indigenous Issues

the need to support those who lack alternative financi

particularly of those observers based in developing andcountries and small island developing countries

a balance between male and female beneficiaries, a

geocultural regions from which they come, in successiv

as is possible

The Voluntary Fund had a successful launch. Generous early c

ensured that all the applicants recommended for funding by th

have been funded to take part in IGC sessions, and these repr

indigenous communities played an active role in the Committe

Permanent Forum on Indigenous Issues noted with apprecia

establishment of a Voluntary Fund by WIPO to enable the partindigenous representatives in the work of the WIPO Intergove

Committee on traditional knowledge and traditional cultural ex

encourages donors to contribute to the Trust Fund.

But, clearly, for the Fund to continue strengthening and sustai

indigenous and local communities in the work of WIPO, it reqflow both of applicants for support and of financial contributio

pages provide guidance on

(i) how to apply for financial support under the Fund and


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If you are interested in applying for

support from the Voluntary Fund, pleasenote the following practical points:

To be eligible, you should be a

member of an organization that

is (i) already accredited to the

IGC and (ii) representsindigenous or local communities,

or otherwise represents

customary holders or custodians

of traditional knowledge or

traditional cultural expressions.

You submit an application by

completing a form. Under the

rules, an application must be

sent to the Secretariat 60 days

before a session of the

Committee, in order to beconsidered at that session,

because the Advisory Board that

reviews the applications only

meets during IGC sessions. This

The indepen

is composedlocal commu

as well as go

delegates, e

The Board

Secretariat

recommendthe Voluntary

Secretariat ju

Boards reco

provided tha

available.

An applicatio

at a meeting

relate to fund

at the next m

example, the

met for the fninth IGC se

ninth session

applications

part in the te

TO BENEFIT FROM THEVOLUNTARYFUND

10

VI. PRACTICAL TIPS FOR APPLICANTS AND DONO


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The data requested on the

application form is required onlyto help the independent

Advisory Board to reach its

objective assessment against

the agreed criteria. It is not used

for any other purpose.

Brief details of applicants (their

name and organization only) and

the outcome of each application

are published in the official

reporting that is required under

the rules of the Fund.

If your organization is not

accredited, you may wish to

apply for accreditation. This is a

simple procedure, requiring a

basic application that outlinesthe nature of your organization

and a request for accreditation

details are available at

http://www.wipo.int/tk/en/igc/ac

organization

participate. D

accreditation

the WIPO SeIGC itself, so

well in advan

session to be

accreditation

The applica

additional

retrieved o

http://www


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12

If you are interested in contributing to

the Fund, please note the following

practical points:

There are no restrictions on who

may contribute. Contributions

have so far been received from

several Governments and non

governmental foundations.

The rules of operation of the

Fund are clearly set out in the

General Assembly decision, and

it is not possible to depart from

those rules in relation to any

particular contribution. It ishowever possible to enter into a

supplementary understanding

with the WIPO Secretariat,

typically through a simple

exchange of letters.

The rules provide guarantees

that any contributions will be

wholly applied to the objectives

of the Fund. The contributions

Contributions

collective Fundistributed ac

established r

contribution c

for a particula

beneficiary (e

could not be beneficiaries

geographical

independent

that determi

funding.

A standard re

which gives c

detailed infor

their contribu

TO CONTRIBUTE TO THEVOLUNTARYFUND


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Funds are expended exactly in

the order received in the

Voluntary Fund bank account.

This means that a contributioncould be used for more than

one IGC session. This ordering is

also important in the event that

contributions have to be

returned, for instance if the

Voluntary Fund was to bewound up in the future and

contributions remained unspent.

Locations of activities of organizations accredited to the Committee


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TIMELINE FOR APPLICATION

Note from the Secretariat:This timeframe constitutes only an informal a

the procedure applied. Reference should be made to the details as descri

governing the aims and operation of the Fund in order to become familiar

procedure as actually applied.

PREVIOUS SESSIONS OFTHE INTERGOVERNMENTAL CO

Observer accreditation

The Member States of WIPO approve in advance the accreditatiobserver to the Committee at a previous Committee session (or

previously accredited the observer to WIPO). It is indispensable

advance before an eligible application can be made for possible

from the Fund. The numerous observers already accredited do

accreditation again before submitting an application for support f

60 DAYS BEFORE SESSION X OFTHE COMMITTE

Submission of applications

The previously accredited observer and its designated candidatefor financial support from the Fund for subsidized participation in

session X+1 submit an application form to the Secretariat at the

before session X . Consequently, applications for funded particip

session of the Committee were submitted 60 days before the n

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BETWEEN SESSION X AND SESSION X+1

Practical measures for session X+1 and applications fo

The Secretariat takes practical steps relating to the funding of thapplicants for session X+1. Previously accredited observers and

candidates submit new applications 60 days before session X+1

subsidized participation in Committee session X+2.

SESSION X+1 OFTHE COMMITTEE

Selection of applicants for the next sessio

The Committee meets. The subsidized representatives selected

participate in that session X+1. The Committee appoints the me

Advisory Board. The Advisory Board examines the applications athose which will receive funding with a view to next Committee


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16

VII. QUESTIONS ANDANSWERS ON THEFUND

The following answers to common questions are taken directl

the Fund. Supplementary comments are added for backgroun

form part of the rules.

QUESTION 1. WHAT IS THE PURPOSE OF THE FUND?

The Fund is established exclusively to finance the participation

Committee and other related activities of WIPO of the nomina

of accredited observers which represent indigenous or local co

otherwise represent customary holders or custodians of tradittraditional cultural expression

The financial support will cov

a return economy class ticke

connected with the ticket, be

domicile of the beneficiary another meeting place, by the m

cheapest route. It will also co

in the form of a daily subsistence allowance at the rate specif

Nations for Geneva or for the city where said meeting is held,

flat rate of US$60* to cover expenses incurred at the time of

arrival. All other expenses related to the participation of the besession concerned will be excluded from Fund support. (Articl

Each provision of support will relate to a single Committee ses

related activities held consecutively with the Committee sess


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submitting a request for accreditation and it must obtain that accreditation

to submit an application to the Fund.

The Committee consists of the Member States of WIPO, accredited inter

organizations and non-governmental organizations (NGOs) which have be

participate in the Committee meetings as observers. It is the Member Sta

the WIPO Secretariat, which take the decisions relating to the question as

organizations are accredited. The Secretariats role is limited to receiving r

accreditation and submitting them to the Member States for consideratio

each session, the Member States participating in the Committee are invit

accreditations for the NGOs that have requested observer status. Current

ad hoc observers have been accredited by the Intergovernmental Commirepresent local and indigenous communities and other holders or custodia

knowledge and traditional cultural expressions.

In order to be taken into consideration for accreditation, an organization m

Secretariat, at least two months before the beginning of each Committee

accreditation as an ad hoc observer, accompanied by a description of the its full name, its main aims, the link the organization has to intellectual pr

contact details, the names of the countries in which the organization is pa

the name of the person that will represent the organization at the next Co

should observer status be granted to it.

Requests for accreditation should preferably be sent by electronic mail [email protected] or to this postal address:

World Intellectual Property Organization (WIPO)

Global IP Issues Division


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18

QUESTION 2. WHO CAN SEEK FINANCIAL SUPPORT FROM THE

To be eligible for financial support, persons would need to sat

following criteria:

be a natural person;

belong, as a member, to an accredited observer which

indigenous or local communities, or otherwise represe

holders or custodians of traditional knowledge or traditi

expressions;

have been duly nominated in writing by the observer to

session designated for the support and as possible ben

from the Fund;

be able to participate effectively and contribute to the s

the support, such as through expressing the experienceindigenous and local communities and other customary

custodians of traditional knowledge or traditional cultur

and whom the Advisory Board considers would not be

the session concerned without support from the Fund,

alternative financial resources (

Since participation in the Comm

restricted by its rules of proce

members and accredited obse


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QUESTION 3. WHEN SHOULD I SUBMIT AN APPLICATION AND

Duly documented requests for financial support enabling parti

Committee session will be sent to the WIPO Director General

in their own name, so as to arrive at least 60 days before the

Committee session which precedes the session for which supLater requests will be considered at the following session. (Ar

Supplementary comment: Taking into account articles 3, 5(c) and 6(e), the

observers and their designated candidates who meet the eligibility criteria a

their applications in due time (that is to say 60 days before the session whi

which a Fund intervention is requested) using a form designed to make it eapplication. This form is available at http://www.wipo.int/tk/en/ngoparticipatio

/index.html.

QUESTION 4. WHAT INFORMATION IS AVAILABLE ABOUT THE

Before each Committee session, the WIPO Director General w

for the information of participants an information note setting

detailed description of the applicants seeking support for the f

(Article 6 (f))

QUESTION 5. HOW IS THE FUND FINANCED, AND WHAT INFORPROVIDED ABOUT AVAILABLE RESOURCES?

Fund resources will come exclusively from voluntary contribut


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20

the amount of the resources available taking into accou

disbursed (Article 6 (f))

QUESTION 6. WHO NOMINATES THE BENEFICIARY(IES) UNDE

Decisions to extend financial support will be taken, for formal

WIPO Director General, following an express recommendation

Board. The recommendations made by the Advisory Board rela

of beneficiaries will be binding on the Director General and no

(Article 6 (d))

The Advisory Board will comprise nine members, including: th

Committee, appointed ex officio or, where that proves to be im

the Vice Chairs nominated by the Chair as his or her deputy; f

the delegations of Member States of the Committee reflectin

geographical balance; and three members from accredited ob

representing indigenous and local communities or other custocustodians of TK or TCEs. (Article 7).

Apart from the ex officio member, the members of the Adviso

elected by the Committee on the second day of each of its se

proposal by its Chair, following consultation with the member

regional groups and, respectively, accredited observers represfrom that of the ex officio member, their mandates will expire

of the following Committee session. (Article 8)


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QUESTION 8. WHAT ELIGIBILITY CRITERIA DO THE ADVISORY

The Advisory Board must ensure that all the criteria for eligibil

out above, in particular in Article 5, are satisfied during its deli

should agree on a recommended list of eligible applicants who

from Fund support. The Advisory Board should also ensure, wrecommendation, that:

a balance is maintained between the male and female

between the geo cultural regions from which they com

sessions insofar as is possible; and

where necessary, the benefits are taken into account w

Committees work may derive from the repeated partic

sessions of the same beneficiary. (Article 6 (h))

In taking account of the need to support t

alternative financial resources, the Advisoaddress the particular needs of observers

developing and least developed countries

developing countries. In ensuring a reaso

spread of participation, the Advisory Boar

due account of the seven geo cultural reg

the United Nations Permanent Forum on (Article 5 (d))

Supplementary comment: The seven geocultural regions recognized

Permanent Forum on Indigenous Issues are Africa, North America, La


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22

QUESTION 9. HOW DOES THE ADVISORYBOARD REACH ITS D

A recommendation for the selection of any beneficiaries will re

agreement of at least seven members of the Advisory Board.

not agreed upon, it may continue to be examined at the follow

unless that application received three votes or fewer. In the larequest will be considered to have been rejected, without pre

of the applicant to submit a new request at a later date. (Artic

Each member of the Advisory Board who has a direct associa

observer which has applied for funding for a representative sh

association to the Advisory Board, and shall abstain from any vany applicant nominated by that observer. (Article 11).

The members [of the Advisory Board] will serve on an individu

conduct their deliberations independently, notwithstanding an

they might consider as appropriate. (Article 7)

QUESTION 10. WHAT HAPPENS WHEN THE ADVISORYBOARDAN APPLICANT?

A recommendation for the selection of any beneficiaries will re

agreement of at least seven members of the Advisory Board The Advisory Board will adopt its recommendation before the

Committee session on the margins of which it

meets. This recommendation will identify:


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The Advisory Board will immediately forward the contents of t

recommendation to the Director General who will take a decis

with the recommendation. The Director General will inform th

immediately and, in any cases, prior to the end of its current s

of an information note specifying the decision taken concernin

(Article 6(i))

Supplementary comment: Two different cases may occur. (i) The applica

the resources available in the Fund are sufficient. In this case, the Secreta

applicant whose request has been accepted and will make the practical a

the financial support provided for the applicant from the Fund. (ii) The app

the resources available in the Fund are insufficient. In this case, the applicthe following session, but it enjoys priority over the others.

QUESTION 11. WHAT HAPPENS WHEN THE ADVISORYBOARDAN APPLICATION?

If an application is not agreed upon, it may continue to be exa

following session, unless that application received three votes

latter case, the request will be considered to have been reject

prejudice to the right of the applicant to submit a new request

(Article 10)

The Advisory Board will adopt its recommendation before the

Committee session on the margins of which it meets. This rec

identify:


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recommendation to the Director General who will take a decis

with the recommendation. The Director General will inform th


an information note specifying the decisio

each applicant. (Article 6 (i))

Supplementary comment: An application may b

obtain more than three votes): in this case, the ap

new application in order to be reconsidered. An ap

postponed to the following session (if it obtains m

but fewer than seven votes): in this case, the appsubmit a new application to be reconsidered.

QUESTION 12. WHAT HAPPENS WHEN AN APPLICANT IS GRAHAS TO WITHDRAW?

If an applicant who has been selected to benefit from Fund su

withdraw or is unable to take part in the session concerned, a

unexpended and recovered, apart from possible cancellation c

transferred to the reserve of the resources available to the Fun

which was made with regard to said applicant shall be conside

The applicant will nonetheless be entitled to submit a new req

following session, provided that information is submitted givin

the withdrawal or nature of the event which otherwise made p

impossible. (Article 5 (f))

24


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VIII. THERULES: FULL TEXT OF THE DECISION ES

THEFUND

ESTABLISHMENT OF THE WIPO VOLUNTARYFUND FOR ACCRINDIGENOUS AND LOCAL COMMUNITIE

The WIPO General Assembly (at its 32nd session) adopted the

decision, based on the Annex to document WO/GA/32/6:

Resolved to take appropriate measures to facilitate and encou

participation of indigenous and local communities, and other c

or custodians of traditional knowledge and traditional cultural ework of the World Intellectual Property Organization (WIPO) co

intellectual property relating to genetic resources, traditional k

folklore;

Recognizing that the effectiveness of these measures depen

appropriate financial support;

Recognizing moreover that the existence of an appropriate co

framework aimed at financing this participation would encoura

contributions;

[If the WIPO General Assembly decides to renew the mandate

Intergovernmental Committee on Intellectual Property and Ge

Traditional Knowledge and Folklore in its current form or in a d

the Assembly decides to create a new body responsible for th

the Intergovernmental Committees remit in its current form (t


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26

OBJECTIVE AND SCOPE

2. The Fund is established exclusively to finance the partici

of the Committee and other related activities of WIPO of the n

representatives of accredited observers which represent indig

communities, or otherwise represent customary holders or cutraditional knowledge or traditional cultural expressions.

3. Since participation in the Committees work is restricted

procedure to its members and accredited observers, and in or

capacity to participate fully in the Committees work, the fund

should only be the nominated representatives of observers wpreviously accredited to the Committee, either as ad hoc obse

the Committee itself, or as observers accredited to WIPO.

4. The creation of the Fund and its operation will not prejud

established procedures, in particular by the general WIPO Rule

(WIPO 399 (FE) Rev. 3) implemented in document WIPO/GRTaccreditation of indigenous and local communities and other o

organize the effective participation of their members in the se

operation of the Fund shall not pre empt or override decisions

the Committee regarding accreditation and participation in the

Committee. It is understood that other direct contributions and

forms of direct assistance, either existing or in the future, des

facilitate such participation, may be pursued outside the frame

Voluntary Fund, at the choice of the contributor.


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(c) To be eligible for financial support, persons would need t

the following criteria:

(i) be a natural person;

(ii) belong, as a member, to an accredited observer which indigenous or local communities, or otherwise represe

holders or custodians of traditional knowledge or traditi

expressions;

(iii) have been duly nominated in writing by the observer to

session designated for the support and as possible benfrom the Fund;

(iv) be able to participate effectively and contribute to the s

the support, such as through expressing experience in

concerns of indigenous and local communities and oth

holders and custodians of traditional knowledge or tradexpressions;

(v) and whom the Advisory Board considers would not be

the session concerned without support from the Fund,

alternative financial resources.

(d) In ensuring a broad geographical spread of participation

geo cultural regions recognized by the United Nations Perman

Indigenous Issues, the Advisory Board should take due accou

support those who lack alternative financial resources, and pa


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(e) Duly documented requests for financial support enabling

Committee session will be sent to the WIPO Director General

in their own name, so as to arrive at least 60 days before the

Committee session which precedes the session for which sup

Later requests will be considered at the following session.

(f) Before each Committee session, the WIPO Director Gen

communicate for the information of participants an informatio

(i) the level of the voluntary contributions paid into the Fu

which the document was drafted,

(ii) the identity of the contributors (unless individual contrib

expressly requested to remain anonymous),

(iii) the amount of the resources available taking into accou

disbursed,

(iv) the list of people who have benefited from the Funds s

previous information memorandum,

(v) the people chosen to benefit from the Fund but who w

(vi) the amount of the support allocated to each beneficiary

(vii) a sufficiently detailed description of the applicants seek

following session.


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30

should benefit from Fund support. The Advisory Board should

adopting its recommendation, that:

a balance is maintained between the male and female

between the geo cultural regions from which they com

sessions insofar as is possible; and

where necessary, the benefits are taken into account w

Committees work may derive from the repeated partic

sessions of the same beneficiary.

Finally, when adopting its recommendation the Committee shthe available resources as reported by the Director General in

note referred to in Article 6(f), and in particular it shall identify

who are agreed and for whom funding is available, and those

agreed in principle but for whom insufficient funds are availabl

latter category should be given priority in decisions on funding

sessions of the Committee.

The Advisory Board will be provided with administrative assist

deliberations by the WIPO International Bureau, in accordance

The Advisory Board will adopt its recommendation before the

Committee session on the margins of which it meets. This rec

identify:

(i) the future session intended for financial support (i.e. th

session of the Committee),


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(v) any applicant or applicants whose application has bee

the next session of the Committee in accordance with

Article 10.


recommendation to the Director General who will take a deciswith the recommendation. The Director General will inform th


of an information note specifying the decision taken concernin

(j) The WIPO Director General will take the administrative m

to implement his decision for the session concerned, in accor6(b).

OTHER PROVISIONS RELATING TO THE ADVISORYBOARD

7. The Advisory Board will comprise nine members, includi

the Chair of the Committee, appointed ex officio or, wh

be impossible, one of the Vice Chairs nominated by the

deputy;

five members from the delegations of WIPO Member

the Committee, reflecting an appropriate geographical b

three members from accredited observers representing

local communities or other customary holders or custo

32


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9. The Advisory Board will meet regularly on the margins o

sessions, subject to the requirement that a quorum of seven m

the Chair or one of the Vice Chairs, should be present.

10. A recommendation for the selection of any beneficiaries

agreement of at least seven members of the Advisory Board. not agreed upon, it may continue to be examined at the follow

that application received three votes or fewer. In the latter cas

be considered to have been rejected, without prejudice to the

applicant to submit a new request at a later date.

11. Each member of the Advisory Board who has a direct asobserver which has applied for funding for a representative sh

association to the Advisory Board, and shall abstain from any v

applicant nominated by that observer.

32


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IX. RESPONDING TO THE NEEDS AND EXPECTATIO

INDIGENOUS AND LOCAL COMMUNITIES

WIPO FACT FINDING CONSULTATIONS WITHTK HOLDERS:

RESPONDINGTOTHE NEEDS AND EXPECTATIONS IDENTIFIED

WIPOs program on traditional knowledge, genetic resources a

been shaped from the beginning by direct input from the com

and maintain TK and TCEs. The first step in the program was t

consultations with TK holders, in some 60 locations around th

3000 dialogue partners contributed to this first phase of WIPOin this area. These dialogues culminated in a landmark publica

Property Needs and Expectations of Traditional Knowledge

Report on Fact-finding Missions on Intellectual Property an

Knowledge, (WIPO, 2001), which was published after an ope

process. Its publication immediately preceded the launch of the

Committee on Intellectual Property and Genetic Resources, Tr

Knowledge and Folklore (the IGC), and its contents guided mu

development of the IGCs work.

The report summarized twenty one key needs and expectatio

expressed by WIPOs dialogue partners in these extensive con

checklist reviews the work done since then to deliver on those

expectations. Much of this work is still in progress, in various

much of it is open-ended in nature, but this checklist aims to i

outcomes and ongoing activities that respond to the needs an

expressed by TK holders. All these needs and expectations ha

34


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34

1. The selection of an appropriate

term or terms to describe the subject

matter for which protection is sought.

2. A clear definition or description of

what is meant (and not meant) for IP

purposes by the term or termsselected.

3. The adjustment of expectations

through effective awareness-raising

as to the role and nature of IP

protection in relation to TK.

4. The prevention of the

unauthorized acquisition of IPRs

(particularly patents) over TK by

documenting and publishing TK as

searchable prior art, where so desired

Analysis of terms and t

Clarifying the scope of

as a general label and aEstablishing traditional

neutral synonym for ex

Creating working defini

and TK

Draft definition of sets should be eligible for p

Description and analysi

and TCEs, and the dist

Case studies on use of

Case studies on use of

relating to TK and GR

Surveys on the use of e

and TCEs/folklore

Surveys of national me

Revision of the Internat

Classification more fully

On line portal for acces

patent procedures

Revision of PCT minim

Needs and expectations articulated Status Some relevant outcomes

by TK holders


37/43

6. Greater awareness-raising on the

IP system, particularly among sectors

of society and communitiesunfamiliar with it, such as indigenous

and local communities and

governmental offices not directly

involved in IP law and administration.

7. Greater understanding by the IP

community of the perspectives,

expectations and needs of TK

holders.

8. Facilitation of dialogue and contact

between TK holders, the private

sector, governments, NGOs and

Draft toolkit for dealing

documentation

Draft practical handbooTCEs/EoF

Draft Creative heritage

institutions concerned

Case studies, explanat

publications

Seminars, workshops, diverse groups

Indigenous panel open

IGC

Voluntary fund to supp

participation

Other initiatives include

a dedicated website, d

documents, coordinatio

Forum, and engageme

provide case studies an

and national workshop

WIPO convenes and co

forums, workshops, se

of dialogue engaging w


by TK holders

36


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36

9. Enhanced participation by the

national and regional IP offices and

the IP community at large in TK-related processes in which IP issues

are raised.

10. Study of the relationship betweencollectivity of TK and IPRs, more

particularly testing of options for the

collective acquisition, management

and enforcement of IPRs by TK

holders associations, including the

applicability of collective management

of IPRs to TK.

11. Study of customary laws and

protocols in local and traditional

communities, including conclusions

relevant for the formal IP system.

The IGC has catalyzed

and coordination betwe

and TK-related policy prNational expert mission

Member States have fa

dialogue and coordinati

and TK-related policy ac

Case studies address tIGC analyses, reports a

question in relation to b

Draft provisions set out

for defining, acquiring,

enforcing collective or

Analysis of policy optio

mechanisms clarify the

many national laws

Complementary work o

resolution as a means o

rights and interests

Draft provisions (object

clarify how customary

be used in defining TK/

ownership/custodiansh


by TK holders


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12. In the shorter term, testing the

applicability and use of existing IP

tools for TK protection, throughpractical and technical community-

level pilot projects and case studies;

and, provision of technical information

and training to TK holders and

Government officials on possible

options under the existing categoriesof IP for TK protection

13. The provision of technical

information and training to TK holders

and government officials on possible

options under the IP system for TK

protection

14. In the longer term, the possible

development of new IP tools to

protect TK not protected by existing

IP tools, the elaboration of an

This need has been ad

training courses and aw

exercises, including thedevelopment of case s

materials, including too

and a pilot distance lea

At the request of Mem

activities to provide ex

building exercises and Documentation of case

options based on diver

countries and commun

Extensive documentat

experiences with

Case studies on the us

IP mechanisms in prot

This is in the process o

into practical guides an

information and trainin

WIPO draft objectives

provisions), overviews

legal mechanisms, and

choices at the internati


by TK holders

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15. The provision of information,

assistance and advice with respect to

the enforcement of TK protection.

16. Facilitating access to the IP

system, to enable TK holders to use

and enforce rights under the IP

system.

No specific program ac

enforcement as such.

However enforcement the overall range of asp

the protection of TK an

This work includes revi

appropriate approaches

protection, including alt

resolution and the recolaw as guiding restitutio

No systematic program

been aimed directly at

the IP system. Several

governments and com

address this as one of

however.

Capacity building activi

developing skills and aw

are appropriate to and

of holders of TK and TC

Work on analyzing prac

for protection of TK and

lities for enhanced acce

for holders of TK and TC


by TK holders


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18. The provision of IP advice and

assistance in respect of legislation,

regulations, guidelines, protocols,agreements (including model terms),

policies and processes on access to

and benefit-sharing in genetic

resources.

19. Assistance and training for TK

holders in the negotiation, drafting,

implementation, and enforcement of

contracts.

20. The development and testing,

with the close involvement of

indigenous peoples and local

communities, of best contractual

practices, guidelines and model

Draft guidelines and pr

of equitable benefit sh

genetic resourcesSearchable data base o

used in arrangements

relating to genetic reso

Collaboration with UNE

of case studies and rel

analysis of the role of pbenefit sharing

Extensive capacity-buil

been developed and di

specific targeted assist

initiatives have been lim

Proposals are in train to

assistance in a more s

partnership with conce

authorities and internat

Draft guidelines and pr

of equitable benefit sh

genetic resources

Searchable data base o

used in arrangements


by TK holders

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21. Awareness-raising on the potential

commercial value of TK and the

development of tools for theeconomic valuation of TK.

Limited work only direc

commercial valuation. C

considered go beyond IP as such.

Preliminary work under

valuation of TCEs/EoF a

approaches to valuing l

TK.

Draft guidelines on IP abenefit sharing relating

resources deal with va


by TK holders

some outcomes recorded work continues limited direct work done


43/43

For m ore inform ation contact the:

World Intellectual Property Organization (WIPO)

Address:

34, chem in des C olom bettesP.O . Box 18C H -1211 G eneva 20Sw itzerland

Teleph on e:

+41 22 338 82 47

Fa x:

+41 22 740 37 00

e-mail:

w ipo.m ail@ w ipo.int

or its New York C oordination O ffice at:

Address:

2, U nited N ations PlazaSuite 2525N ew York, N .Y. 10017U nited States of Am erica

Teleph on e:

+1 212 963 68 13

Fa x:

+1 212 963 48 01

e-mail:

w ipo@ un.org

Visit the WIPO Website at:

http://w w w .w ipo.int

and order from the WIPO Electronic Bookshop at:

http://w w w .w ipo.int/ebookshop

WIPO Publicat ion N936(E) ISBN: 978-92-805-1669-2

A Stronger Voice for Indigenous and Local Communities in WIPO Work on TK and Traditional Cultural...

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