The 46 Session IGC/WIPO The Protection of Traditional Knowledge, Genetic Resources and Traditional Cultural Expressions. (TK/GR/TCE) (Draft of an International Instruments)

AIPPI is actively participating in the upcoming WIPO negotiations on a potential treaty related to Traditional Knowledge, Genetic Resources and Traditional Cultural Expressions.

Under the mandate 2022-2023 The WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, (IGC), set the 46, 47 a Special Session and a Preparatory Committee of the Diplomatic Conference to Conclude an International legal Instruments Relating to IP, GR; TK, associated with GR and TCE.

Prior the 46 Session (Feb 25-March 3), WIPO organized a two-day workshop (Feb22-24) with an Ad hoc Group of Indigenous Experts.

The Experts recommendations were considered (See WIPO/GRTKF/IC/46/INF/9.)  in the discussion of the agenda of the 46 Session, in relation to the DRAFT ARTICLES of the two proposed International Instruments associated to TK and TCE. (See WIPO/GRTKF/IC/46/4 and WIPO/GRTKF/IC/46/5.

AIPPI has been participating as an observer, through the members of the IP/TK/GR/TCE Committee.

1 Recommendations of the Experts.

1. Regarding the Intersection between digital technology and GR/TK/ TCE. Digital advances in technology could be an increase in risk of further misuse and misappropriation of TKs/and TCEs in regard to Databases, Digital Sequencing Information (DSI) and Artificial Intelligence (AI). Therefore, future instrument(s) should respond to the development of technology and reflects the rights of Indigenous People.

2. Exceptions and limitations should be excluded or include minimal standards of free, prior and informed consent, while leaving it flexible enough for states to adjust their own unique circumstances with the full and effective participation of Indigenous People

2 AIPPI’s Comments

1.-Disclosure Requirement

Applicants shall be required to disclose the Indigenous People or local community that is the origin of the GR, TK or TCE used and provide evidence that Previous Informed Consent has been obtained.

2.- National Treatment.

Each member shall accord to beneficiaries that are nationals of other Member State treatment no less favorable than it accords to beneficiaries that are its own nationals It is stated that this provision should be circumscribed where constitutional provisions exist for Indigenous People or where other rights contained in treaties, agreements, etc , require prior rights for Indigenous People within a State.