The Committee is continuing to observe the activities of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore.

The Intergovernmental Committee is looking at the possibility of providing intellectual property protection to things that do not fall within the current system of intellectual property protection. The pressure to look at this issue is being applied by the developing and least developed countries.

Danny Huntington attended the first meeting of the Intergovernmental Committee in Geneva from 30 April to 3 May 2001 as the FICPI Observer. The start of the first meeting was delayed a day and a half while the delegations argued about who was going to be the Chairman of the meeting. Ultimately, however, co-chairs from Canada and Singapore, and vice-chairs from Bulgaria and Egypt and were chosen, and the meeting began.

The Intergovernmental Committee considered three issues:

1.1 Access to Genetic Resources and Benefit-Sharing

1.2 Protection of Traditional Knowledge

1.3 Protection of Expressions of Folklore

Each of the delegations was allowed on speak to any of the three issues as they desired. The South American and African countries each formed separate groups which met prior to each session. A representative of each Group would then present a detailed explanation of the position of the Group followed by additional comments by the various national delegations. Not surprisingly, the comments generally followed the status of the national delegation, with developing and least developed countries advocating the expansion of intellectual property protection to the above, while the developed countries tried to explain why that was not feasible. Each of the NGOs at the meeting was allowed to present a short statement. The statement made on behalf of FICPI appears at the end of this report.

In the end there appeared to be a general sense that the subject matter was not appropriate for protection under the current intellectual property system, and thus if protection was appropriate, a sui generis system would be necessary.

With respect to Issue 5.1, Genetic Resources, the Chair stated that there appeared to be support for the development of "guide contractual practices" guidelines, and model intellectual property clauses for contractual agreements on access to genetic resources and benefit-sharing, taking into account the specific nature and needs of different stakeholders, different genetic resources, and different transfers within different sectors of genetic resource policy. In addition, there was majority support but some opposition to development of provisions or guidelines for national patent laws concerning access to genetic resources; the develop-ment of multilateral systems for access to genetic resources and benefit-sharing; and the production of guidelines on the availability and scope of patent protection to structures and compositions derived or isolated from naturally-occurring living organisms and to early-stage biotechnology inventions.

With respect to Issue 5.2, Traditional Knowledge, the Chair concluded that there was general support for developing a definition of the term "traditional knowledge"; determining whether traditional knowledge can be protected by existing intellectual property mechanisms; integrating traditional knowledge documentation into searchable prior art; and assisting traditional knowledge holders in enforcement of intellectual property rights.

With respect to Issue 5.3, Folklore, the Chair indicated that there appeared to be some support for addressing issues relating to folklore, but that work on this issue appeared to be premature. However, the Chair suggested that a first step would be the collection and analysis of national experiences with regard to the protection of folklore.

The next meeting of the Intergovernmental Committee will be held in Geneva 10-14 December 2001, and Danny Huntington will again be attending as the FICPI Observer. The Draft Agenda for that Meeting indicates that the issues to be considered are:

1. Operational Principles for Contractual Agreements Concerning Access to Genetic Resources and Benefit-Sharing;
   
   
2. Traditional Knowledge
   
   a. Operational Definitions,
   b. Review of Existing Intellectual Property Protection,
   c. Progress Report on Traditional Knowledge as Prior Art; and
   
   
3. Folklore - Discussion of National Experiences with the Legal Protection of Expressions of Folklore.

Remarks presented by Danny Huntington as an observer at the first session of the Intergovernmental Conference on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore held in Geneva, Switzerland on 30 April to 3 May 2001

"Thank you, Mr. Chairman. Allow me to congratulate you, your co-chair and the vice-chairs on your selection.

FICPI is an organisation of intellectual property attorneys in private practice having members in more than 70 countries.

FICPI appreciates the value of genetic resources, traditional knowledge, and folklore, and would like to play a positive role in consideration of initiatives that would lead to appropriate recognition and reward for such. However, after initial review of the matter, with only a few exceptions, we have been unable to see any way to use the existing IP system for that purpose. For example, patents require novelty, inventive step, and the identification of an inventor. Similarly, copyright is inappropriate because it has a fixed, relatively short term.

We nevertheless agree that WIPO is the best place to discuss such matters, including the possibility of a sui generis system, and we would be pleased to continue to be involved in such discussions.

Thank you very much."

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See also paper EXCO/GB01/CET/1002 in connection with this subject.