June 2014: In preparation for the 28th session of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) of the World Intellectual Property Organization (WIPO), IGC Chair Amb. Wayne McCook (Jamaica) has developed an Issues Paper, reflecting his view on possible cross-cutting issues that could be considered during the session.

IGC-28, which will convene from 7-9 July 2014, will undertake a cross-cutting review of genetic resources, traditional knowledge and traditional cultural expressions, which could result in amending the draft texts to be transmitted to the WIPO General Assembly. The paper identifies a number of cross-cutting issues, along with the themes concerned and relevant provisions, and offers a commentary.

Issues identified include: policy objectives; definitions and use of terms, including public domain, misappropriation, traditional knowledge associated with genetic resources, and use/utilization; criteria for eligibility for protection; beneficiaries of protection; scope; databases and information systems; sanctions, remedies and exercise of rights; the disclosure requirement; exceptions and limitations; term of protection/rights; formalities; transitional measures; relationship with other agreements and the non-diminishment clause; national treatment; transboundary cooperation; capacity building; and the structure of text and headings of articles.

In addition to the cross-cutting review of the negotiating texts, IGC-28 will also make a recommendation on future work to the WIPO General Assembly, which will decide on convening a diplomatic conference. [Chair’s Issue Paper][IGC-28 Documents][IGC Preparation Kit]