Genetic Resources: Draft Intellectual Property Guidelines for Access and Equitable Benefit Sharing (link)

September 28, 2004

Geneva, Sep 2004

Document prepared by the WIPO Secretariat
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1. Since its inception, the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore ('the Committee') has worked towards guidelines on the intellectual property (IP) aspects of mutually-acceptable terms in agreements that concern access to genetic resources and equitable sharing of benefits from the use of accessed resources. This work has been aimed at producing a resource, to alert custodians of genetic resources to the practical issues that arise when they elect to enter into agreements on access and benefit-sharing. The Committee's work has been based on an empirical survey of experience in this field, and a database collecting actual terms of agreements. As a first step, the Committee agreed on a set of guiding principles to frame this work, then oversaw the collection and analysis of practical experience in this area, and most recently considered a draft set of guidelines (WIPO/GRTKF/IC/6/5, submitted to the sixth session). It agreed to request further comments on these draft guidelines, so that a further draft could be prepared. The present document therefore provides the required update of this material for the further consideration of the Committee:

- the body of the present document provides background information, essentially reproducing the contents of document WIPO/GRTKF/IC/6/5, with minimal changes to reflect developments at the sixth session; and,

- the Annex provides updated guidelines, which incorporates various responses and comments received at the sixth session of the Committee and subsequently provided by Member States.


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World Intellectual Property Organisation

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