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 Intergovernmental Committee (IGC) of the World Intellectual Property Organization (WIPO) established in 2000. It provides an in-depth consideration of the key thematic areas within WIPO discussions – genetic resources (GRs), traditional knowledge (TK) and traditional cultural expressions (TCEs) through the perspectives of a broad range of experts and stakeholders, including indigenous peoplesand local communities. It also looks at how these areas have been treated in a number of forums and settings (including national systems and experiences, and also in trade agreements) and the interface with WIPO discussions. Furthermore, the book analyses the process and the negotiation dynamics since the IGC received a mandate from WIPO members, in 2009, to undertake formal text-based negotiations towards legal instruments for the protection of GR, TK and TCEs. While there has been some progress in these negotiations, important disagreements persist. If these are to be resolved, the adoption of these legal instruments would be a significant development towards resolving key gaps in the modern intellectual property system. In this regard, the book considers the future of the IGC and suggests options which could contribute towards achieving a consensual outcome.

Foreword Ricardo Meléndez-Ortiz Part 1: Introduction 1. Introduction: Mapping the Evolution, State-of-play and Future of the WIPO IGC Daniel F. Robinson, Pedro Roffe, Ahmed Abdel-Latif 2. Revisiting the Creation of the IGC: The Limits of Constructive Ambiguity? Ahmed Abdel-Latif 3. The Evolution of the IGC from 2001 to 2016: An Insider’s Perspective Wend Wendland 4. Relationships between the Work of the IGC and Other Forums Charles Lawson Part 2: Substantive Issues 5. Of Disclosure "Straws" and IP System "Camels": Patents, Innovation, and the Disclosure of Origin Requirement Margo A. Bagley 6. The Role of Databases, Contracts and Codes of Conduct Daniel F. Robinson and Claudio Chiarolla 7. The Legal Protection of Widely Shared and Dispersed Traditional Knowledge Manuel Ruiz Muller 8. Negotiating the Public Domain in an International Framework for Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Ruth L. Okediji 9. Traditional Cultural Expressions Marc Perlman 10. Now You See It Now You Don’t: The Rise and Fall of Customary Law in the IGC Brendan Tobin Part 3: Stakeholder Perspectives 11. An Indigenous Perspective on the WIPO IGC Maui Solomon 12. Genetic Resources, Traditional Knowledge and Disclosure Obligations: Some Observations from the Life Science Industry Dominic Muyldermans 13. Indigenous Culture and Indigenous Publishing: Balancing Protection, Preservation and Promotion Jens Bammel and José Borghino 14. Disclosure Requirements: Switzerland’s Perspective Georges Bauer, Cyrill Michael Berger and Martin Girsberger 15. India’s Position in the Intergovernmental Committee for the Protection of Traditional Knowledge Biswajit Dhar 16. The WIPO IGC: A US Perspective Dominic Keating 17. Access and Benefit Sharing, Intellectual Property Rights and the Protection of Traditional Knowledge in Costa Rica: Participation in and Possible Impacts of the IGC’s Work Jorge Cabrera Medaglia 18. New Zealand, Matauranga Maori and the IGC Jessica C. Lai Part 4: The Future of the IGC 19. Preferential Trade Agreements and the Protection of Genetic Resources and Associated Traditional Knowledge Pedro Roffe 20. WIPO and the Traditional Knowledge Conundrum Ahmed Abdel-Latif 21. The Challenge of Cross-Border Protection of Traditional Knowledge Susy Frankel 22.Should We Protect Turmeric Lattes? Graham Dutfield 23. Ramifications of WIPO IGC for IP and Development Chidi Oguamanam

Daniel F. Robinson is Research Fellow at the International Centre for Trade and Sustainable Development (ICTSD) Geneva, Switzerland and Associate Professor in Environmental Studies at The University of New South Wales, Australia. Ahmed Abdel-Latif is Special Assistant for Policy and Programme in the Office of the Director General at the International Renewable Energy Agency (IRENA), Abu Dhabi, United Arab Emirates. Pedro Roffe is Senior Associate in Innovation, Technology and Intellectual Property at ICTSD, Geneva, Switzerland.