ABSTRACT

This is the first comprehensive review of the Intergovernmental Committee (IGC) of the World Intellectual Property Organization (WIPO) established in 2000. It provides an in-depth consideration of the key thematic areas within WIPO discussions – genetic resources (GRs), traditional knowledge (TK) and traditional cultural expressions (TCEs) through the perspectives of a broad range of experts and stakeholders, including indigenous peoples and local communities. It also looks at how these areas have been treated in a number of forums and settings (including national systems and experiences, and also in trade agreements) and the interface with WIPO discussions.

Furthermore, the book analyses the process and the negotiation dynamics since the IGC received a mandate from WIPO members, in 2009, to undertake formal text-based negotiations towards legal instruments for the protection of GR, TK and TCEs. While there has been some progress in these negotiations, important disagreements persist. If these are to be resolved, the adoption of these legal instruments would be a significant development towards resolving key gaps in the modern intellectual property system. In this regard, the book considers the future of the IGC and suggests options which could contribute towards achieving a consensual outcome.

part 1|81 pages

Introduction

chapter 1|7 pages

Introduction

Mapping the evolution, state-of-play and future of the WIPO IGC

chapter 2|21 pages

Revisiting the creation of the IGC

The limits of constructive ambiguity?

chapter 3|25 pages

The evolution of the IGC from 2001 to 2016

An insider’s perspective 1

part 2|131 pages

Substantive issues

part 3|80 pages

Stakeholder perspectives

chapter 12|7 pages

Genetic resources, traditional knowledge and disclosure obligations

Some observations from the life science industry

chapter 13|7 pages

Indigenous culture and Indigenous publishing

Balancing protection, preservation and promotion

chapter 14|9 pages

Disclosure requirements

Switzerland’s perspective

chapter 16|12 pages

The WIPO IGC

A U.S. perspective