World Intellectual Property Organization Adopts Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge; WilmerHale, August 26, 2024

• • • Daniel S. Volchok, Thomas G. Saunders, Laura E. Powell, WilmerHale; World Intellectual Property Organization Adopts Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

"Following nearly twenty-five years of negotiations, members of the World Intellectual Property Organization (WIPO) recently adopted a treaty implementing the new requirement for international patent applicants to disclose in their applications any Indigenous Peoples and/or communities that provided traditional knowledge on which the applicant drew in creating the invention sought to be patented.1 The treaty was adopted at WIPO’s “Diplomatic Conference to Conclude an International Legal Instrument Relating to Intellectual Property, Genetic Resources, and Traditional Knowledge Associated with Genetic Resources,” which was held May 13–24.2 The goal of the treaty, known as the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge, is to “prevent patents from being granted erroneously for inventions that are not novel or inventive with regard to genetic resources and traditional knowledge associated with genetic resources.”3 This treaty—the first treaty of its kind, linking intellectual property and Indigenous Peoples—also aims to “enhance the efficacy, transparency and quality of the patent system with regard to genetic resources and traditional knowledge associated with genetic resources.”4 

Once the treaty is ratified, patent applicants will have new (but nonretroactive) disclosure requirements for international patent applications."

Intellectual property: Protecting traditional knowledge from Western plunder; Frontine, May 15, 2024

 DEUTSCHE WELLE, Frontline; Intellectual property: Protecting traditional knowledge from Western plunder

"Stopping the loss of heritage and knowledge

“The problem? When a patent for traditional knowledge is granted to a third party, that party formally becomes the owner of such knowledge,” said Sattigeri. “The nation loses its heritage and its own traditional knowledge.” But now, that could be changing. In May 2024, WIPO’s 193 member states will meet and potentially ratify the first step of a legal instrument aimed at creating greater protections for these assets.

WIPO has broken them down into three areas seen as vulnerable under the current system: genetic resources, traditional knowledge, and traditional cultural expression. Genetic resources are biological materials like plants and animals that contain genetic information, while traditional knowledge encompasses generational wisdom within communities, which is usually passed down orally. This could include knowledge about biodiversity, food, agriculture, healthcare, and more. Traditional cultural expression includes artistic creations reflecting a group’s heritage and identity, like music, art, and design.

“It changes the classic understanding of intellectual property,” said Dornis. “It might break the system that [says that] many things are unprotected.”"

Indigenous Knowledge Misappropriation: The Case Of The Zia Sun Symbol Explained At WIPO; Intellectual Property Watch, December 11, 2018

Catherine Saez, Intellectual Property Watch; Indigenous Knowledge Misappropriation: The Case Of The Zia Sun Symbol Explained At WIPO

"The three panellists mentioned the importance of the United Nations Declarations on the Rights of Indigenous Peoples [pdf], and in particular Article 31, which asserts the right of indigenous peoples to maintain, control, protect and develop their cultural heritage, TK and TCEs,  and the right to maintain, control, protect and develop their intellectual property over their cultural heritage, TK, and TCEs.

Commenting on the Zia case, June Lorenzo, a lawyer advocating in tribal and domestic courts and legislative and international human rights bodies, said in the late 1890s, Zia was at a very vulnerable point, as many other tribes were. A number of archaeologists came and took “what they could because they thought we were going to disappear as a civilisation,” she said, noting that the stolen pot was repatriated in 2000 or 2002.

In 1925, when the Zia symbol was adopted by the state of New Mexico, the Zia were not even considered as citizens of the United States, she said, and could not vote. “So the idea that they should have objected to this [ the use of the symbol] in 1925 … is just absurd.”"

New Paper Looks At Differential Protection For Traditional Knowledge, Folklore; Intellectual Property Watch, August 30, 2018

Catherine Saez, Intellectual Property Watch;

New Paper Looks At Differential Protection For Traditional Knowledge, Folklore

 

"The Centre for International Governance Innovation (CIGI) based in Canada recently issued a paper [pdf] on the tiered or differentiated approach to traditional knowledge (TK) and traditional cultural expressions (TCEs)."

WIPO Traditional Knowledge Committee Begins Work On Core Issues; Indigenous Peoples May Be Left Out; Intellectual Property Watch, August 27, 2018

Catherine Saez, Intellectual Property Watch;

WIPO Traditional Knowledge Committee Begins Work On Core Issues; Indigenous Peoples May Be Left Out

"The World Intellectual Property Organization’s committee seeking to find solutions against misappropriation of traditional knowledge opened this morning. While delegates are expected to negotiate wording of a potential treaty, the fund allowing indigenous peoples to participate in the discussions is empty with no foreseeable new donors, described by the chair as a historical situation. The committee is also trying to agree on recommendations for the upcoming WIPO General Assembly next month. On core issues, such as what the protection should cover, who would benefit from it, and under which conditions, delegates still have to find common positions."

A Rare Pacific Islander Captivates Its Neighborhood; New York Times, 2/1/17

Serena Solomon, New York Times; 

A Rare Pacific Islander Captivates Its Neighborhood

"According to Emori Tokalau, a governmental liaison to Taveuni’s clan leaders, only the flower’s custodian can tell the true legend. That is Ratu Viliame Mudu, the chief of Somosomo village on the island’s western side.

Mr. Tokalau described the custodianship “as a form of copyright,” giving the holder authority to grant permission for outsiders to visit the flower or use its likeness. He had to get the chief’s approval before using the tagimoucia on his office letterhead, he said.

To receive permission, one must arrive at the village with a sevusevu — a gift or offering — often the traditional root drink kava. A small ceremony is performed, with men in sarongs and women in long skirts gathered around."

On Eve Of WIPO Traditional Knowledge Negotiations, Nations Swap Experiences; Intellectual Property Watch, 11/28/16

Catherine Saez, Intellectual Property Watch; On Eve Of WIPO Traditional Knowledge Negotiations, Nations Swap Experiences:

"A seminar was organised by the World Intellectual Property Organization to provide a discussion platform on the eve of this week’s meeting on the protection of traditional knowledge, and as a way for countries to share systems of protection. Panellists presented views on possible graduated protection for different sorts of traditional knowledge.

The WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) is meeting from 28 November to 2 December.

This week, delegates are expected to discuss a list [pdf] of outstanding and pending issues. This includes the use and meanings of certain terms and concepts, such as terms describing the diffusion of traditional knowledge (TK). Criteria for eligibility of the protection, and whether beneficiaries should include nations and states, are also on the list."