WIPO meeting on genetic resources inconclusive

After more than six years of discussions, members of the World Intellectual Property Organisation (WIPO) remain divided on whether to create a new binding international treaty to protect genetic resources, traditional knowledge, and folklore against misappropriation, reports ICDS.

WIPO's Inter-Governmental Committee (IGC) on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, meeting from July 3-12, 2007, saw developing countries that have rich biodiversity resources demanding an international legally-binding instrument to protect those resources, whereas industrialised countries such as the US, Japan and Canada want a non-binding recommendation.

There is however consensus that the main goal of any protection regime should be the prevention of misappropriation.

India called for an international legally-binding instrument, citing recent patents granted to yoga accessories in many countries as an example of growing misappropriation.

Pakistan echoed this demand including asking for a sui generis regime -- beyond simple patents, trademarks and copyrights -- for traditional knowledge and traditional cultural expression. Patents, with their standard tests of ‘novelty' and ‘inventiveness', cannot reflect longstanding communal practices, it held. The African Group too supports a new legally-binding treaty on genetic resources and traditional knowledge.

Currently, around 25 nations have adopted sui generis systems to protect traditional knowledge, traditional cultural expression, and genetic resources, although many struggle with the implementation of these laws and therefore want an international solution.

How to define traditional knowledge, who qualifies for protection, and for how long were also discussed, with countries putting forward differing views.

Several indigenous people's organisations addressed the meeting. They expressed frustration at the lack of progress towards an agreement on traditional knowledge and cultural expression. Indigenous communities that are home to substantial amounts of both genetic resources and traditional knowledge are particularly vulnerable to misappropriation.

Any recommendations the IGC makes will be discussed at WIPO's General Assembly in September. The General Assembly will also decide whether to extend the IGC's mandate.

July 17, 2007