ABSTRACT

The World Intellectual Property Organization Traditional Knowledge and Folklore (WIPO IGC) is negotiating separate, 'Consolidated Texts' for intellectual property and genetic resources, intellectual property and traditional knowledge and intellectual property and folklore. The mechanisms for protection in the Consolidated Text on traditional knowledge focus on a sui generis system that would allow traditional knowledge beneficiaries to exclude others from accessing or disclosing protected traditional knowledge, and a new patent disclosure requirement. The mechanism for protection in the Consolidated Text on genetic resources focuses on a patent disclosure requirement. The most significant concerns all three IGC Consolidated Texts relate to sui generis systems and disclosure requirements, due to their potential negative impact on intellectual property, innovation and creativity. In order to reconcile positions on this issue and allow the round to progress, World Trade Organization (WTO) Members negotiated the Doha Declaration on TRIPS and Public Health.