The protection of traditional knowledge: Updated draft outline of policy options and legal mechanisms by WIPO Secretariat (link)

April 19, 2006

Geneva, 18 Apr 2006

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Document prepared for the Ninth Session of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore -- Geneva, April 24 to 26, 2006

I. SUMMARY

  • The Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (the Committee) commissioned the drafting of an outline of policy options and legal mechanisms for the protection of traditional knowledge (TK). The Committee first requested this outline at its sixth session, and extensively reviewed an initial draft (WIPO/GRTKF/IC/7/4) at its seventh session. This document provides the revised draft that the Committee then requested.

  • If objectives and principles for protection of TK are established internationally, it would still be necessary to determine how they are implemented at the level of national and regional laws. This outline therefore gives updated information on the actual policy options and legal mechanisms that national and regional legal systems have already employed to give effect to the kind of draft objectives and principles set out in document WIPO/GRTKF/IC/9/5, the main working document on TK for this ninth session of the Committee, and in preceding versions (WIPO/GRTKF/IC/7/5 and WIPO/GRTKF/IC/8/5). An outline of policy options and legal mechanisms may serve as an information resource to assist in the choice of appropriate mechanisms to achieve policy objectives and to implement principles such as those set out for consideration in WIPO/GRTKF/IC/9/5.

  • In line with the directions of the Committee, this draft has been updated "in the light of revisions to the draft objectives and core principles [WIPO/GRTKF/IC/9/5] and in the light of comments received". This document is an information resource and a potential capacity building tool only, and no specific decisions in respect of this document are suggested at this stage, beyond noting and commenting on its contents. It would be possible to present further updates to this document to the Committee, should the Committee find this a useful or desirable step.

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    World Intellectual Property Organisation
    http://www.wipo.int

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