WIPO and the Protection of Traditional Knowledge Indigenous Peoples’ Rights to Culture: Helsinki 16 November 2017 Ms. Kiri Toki Indigenous Fellow, Traditional Knowledge Division, WIPO

WIPO and the Protection of Traditional Knowledge - … · WIPO and the Protection of Traditional Knowledge Indigenous Peoples’ Rights to Culture: ... protectand developtheir cultural

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Page 1: WIPO and the Protection of Traditional Knowledge - … · WIPO and the Protection of Traditional Knowledge Indigenous Peoples’ Rights to Culture: ... protectand developtheir cultural

WIPO and the Protection of Traditional KnowledgeIndigenous Peoples’ Rights to Culture: Helsinki16 November 2017

Ms. Kiri TokiIndigenous Fellow, Traditional Knowledge Division, WIPO

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What Is WIPO and What Does WIPO Do?

Mission:

The development of a balanced and effective IP system for the benefit of all…

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What Is WIPO and What Does WIPO Do?

(1) We help Indigenous Peoples strategically use the current IP system to provide defensive and positive protection

Certification marksIndia’s Traditional Knowledge Digital Library

Source: http://app.iponz.govt.nz/app/Extra/IP/TM/Qbe.aspx?sid=636274701877323909 (New Zealand IP Office)

Source: http://www.ic.gc.ca/app/opic-cipo/trdmrks/srch/viewTrademark?id=0792174&lang=eng&tab=reg(Canadian IP Office)

Source: Peruvian Patent Office

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But there are gaps…

For example: Knowledge per se not protectedCopyright: the “public domain” and the copying vs. inspiration divideTrademarks:

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Where these gaps exist

(2) We assist member states to develop specially adapted laws:

NationallyRegionally Internationally: WIPO Inter-Governmental Committee (IGC)

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The IGC

Intergovernmental Committee on IP, Genetic Resources, Traditional Knowledge and Folkore

Mandate: address the “gap” in IP> international legal instrument Important, ongoing work

Three draft texts :Traditional Cultural ExpressionsTraditional Knowledge Genetic Resources

Renewed mandate in October

Next IGC: IGC 35 early 2018

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Indigenous Participation in the IGC

AccreditationVoluntary FundIndigenous Caucus. Observers, but:

Make opening statements in plenaryMake statements during the plenaryMake textual proposals, with support from a member stateParticipate in informalsMeetings with the Chair of the IGCLobbying on their own initiative

Indigenous Panel

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If you are interested, please: participate through the Indigenous Caucusview negotiations live via webcast, or visit our website for more information: http://www.wipo.int/tk/en/igc/

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WIPO’s Work on Indigenous Issues

The UN Declaration on the Rights of Indigenous Peoples art 31:

“Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions….”

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WIPO’s Work on Indigenous Issues

Training activities and publications to inform indigenous peoples about the intellectual property system

The Practical Guide to Intellectual Property for Indigenous Peoples and Local Communities Indigenous Peoples and Local Communities’ Quarterly Newsletter and Traditional Knowledge E-UpdatesPractical workshops and regional outreach programsDistance learning courses – free for Indigenous PeoplesIndigenous Scholarships for WIPO Summer SchoolIndigenous Fellowship 2019

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Find out more…

Contact: Wend Wendland, Director, Traditional Knowledge Division: [email protected] Toki, WIPO Indigenous Fellow, Traditional Knowledge Division: [email protected]

Website: Traditional Knowledge: http://www.wipo.int/tk/en/Indigenous Portal: http://www.wipo.int/tk/en/indigenous/