ABSTRACT
Traditional knowledge (TK), genetic resources (GRs) and traditional cultural expressions/expressions of folklore (TCEs) have been the subject of discussion at the World Intellectual Property Organization (WIPO) since October 2000. WIPO's first tentative step in this area was to convene the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) in 2001. This chapter reviews the other forums and their progress. Under the Convention on Biological Diversity (CBD) and Nagoya Protocol, the contract between the resource holder and the bioprospector requires mutually agreed terms and it seems likely the parties will be able to define and describe the TK for the purposes of their particular agreement. In the IGC the focus has been on developing an instrument for the protection of GRs, TK and TCEs while recognising that UNESCO's agreements do already address some of the relevant issues that WIPO may not need to address.
