ABSTRACT
This chapter reflects on the ramifications of the World Intellectual Property Organization (WIPO) Traditional Knowledge and Folklore (IGC) process for intellectual property and development, and considers the implications of the wobbly nature of the seemingly interminable IGC process for developing countries. The IGC is a child of circumstance and opportunity. Detailed historical accounts of its evolution link it with earlier initiatives, including WIPO's Model Provisions on National Laws on Folklore and the Draft Treaty for the Protection of Expressions of Folklore Against Illicit Exploitation and other Prejudicial Actions. Also, the IGC was in part a response to the failure of the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to accommodate traditional knowledge (TK) and traditional cultural expressions (TCEs) as sources of intellectual property rights and knowledge production. The IGC is a crucial aspect of sustained historic pressure on WIPO and, certainly, the international economic order, to embrace the development imperative.
