PROGRAM 4 TRADITIONAL KNOWLEDGE, TRADITIONAL CULTURAL EXPRESSIONS AND GENETIC RESOURCES

PROGRAM 4 TRADITIONAL KNOWLEDGE, TRADITIONAL CULTURAL EXPRESSIONS AND GENETIC RESOURCES

OVERVIEW OF PROGRESS IN 2014

1. 
   The year under review saw continued progress in the negotiations of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (the IGC). Under its new mandate for the current biennium established in 2013, the IGC met three times (IGCs 26, 27 and 28). The IGC followed a clearly defined work program and sound working methods. Member States continued to organize consultations and preparatory meetings before IGC sessions. The IGC made progress in “text-based negotiations” pursuant to its mandate. By the end of the third and final session for the year (IGC 28), the IGC had further streamlined a consolidated text on genetic resources (GRs) and made further progress on the texts on traditional knowledge (TK) and traditional cultural expressions (TCEs). The Secretariat continued to endeavor to play a neutral, professional and efficient facilitatory role in support of the IGC process and to further improve the services provided to IGC participants as a follow up to the evaluation conducted by WIPO’s Internal Oversight Division (IOD) in 2013, which found a high rate (96 per cent) of satisfaction among IGC participants. Although the Secretariat continued to facilitate the participation in the IGC process of indigenous peoples and local communities as far as possible, the Voluntary Fund for Accredited Indigenous and Local Communities remained depleted. The WIPO General Assembly in October 2014, while taking stock and considering the texts and the progress made, was not in a position at that particular juncture to agree on an IGC work program for 2015.
   

2. 
   The successful conclusion of the IGC’s negotiations is the subject of DA Recommendation 18, which urges the IGC “to accelerate the process on the protection of GRs, TK and folklore, without prejudice to any outcome, including the possible development of an international instrument or instruments”. The Program’s norm-setting activities within the IGC continued to be inclusive, member-driven and based upon open and balanced consultations, involving civil society at large (Recommendations 15, 21 and 42), taking into account the public domain (Recommendations 16 and 20) and flexibilities in international IP agreements (Recommendations 14 and 17). The IGC’s negotiations contributed to the mainstreaming of development considerations and were supportive of the UN development goals (Recommendations 12 and 22). 
   

3. 
   In terms of capacity building and awareness raising, work continued on outreach to indigenous peoples and local communities with a view to enhancing their familiarity with IP and facilitating their effective participation in the IGC process; supporting, upon request, the development of national and regional legislation and policies; and forging practical solutions at all levels through increasing understanding of the issues and options. In 2014, the Secretariat responded positively to slightly more than 40 requests from Member States, NGOs, indigenous peoples and local communities, industry associations and universities for briefings and other presentations on IP and TK, TCEs and GRs, whether in Geneva or abroad. Given the intensity of and focus on the IGC process, large capacity building or technical assistance projects or events were kept to a minimum. One country received legislative and policy assistance at its request. A Practical Workshop for Indigenous Peoples and Local Communities on Intellectual Property and Traditional Knowledge was organized in December 2014. WIPO continued to contribute as a technical partner to regional projects in Africa, Asia and the Pacific, and Latin America and the Caribbean. WIPO also continued to make available a series of short, accessible publications on the key issues, and published a practical guide regarding Intellectual Property and Folks, Arts and Cultural Festivals⁸.
   

4. 
   In fostering cooperation with other relevant intergovernmental organizations and fora, the Secretariat cooperated even more closely with the Secretariat of the Convention on Biological Diversity (CBD) and the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization, including through co-organizing workshops for officials and indigenous and local communities. The Secretariat also worked with the United Nations Permanent Forum on Indigenous Issues (UNPFII) and participated in its 13^th session in May 2014 and the World Conference on Indigenous Peoples in September 2014, in order to further engage with indigenous and local community organizations and other UN organizations and extend its outreach to them. At the request of the Secretariat of the UNPFII, the WIPO Secretariat provided financial support for the drafting, by an indigenous expert, of a technical review for the UNPFII of the draft IGC texts from a human rights perspective.
   

5. 
   The Program’s technical assistance, capacity building and legislative assistance activities contributed directly to development and the fulfillment of other DA Recommendations, notably ensuring development-oriented, demand-driven technical assistance (Recommendations 1 and 12), providing legislative and policy advice on national legislation (Recommendations 11, 13 and 14), raising awareness on TK, TCEs and GRs related IP issues (Recommendation 3), and cooperating on IP related issues with UN agencies (Recommendation 40). 
   

PERFORMANCE DATA

RESOURCE UTILIZATION

Budget and Actual Expenditure (personnel and non-personnel)

6. 
   The decrease in the Budget after Transfers under result I.1 (Development of balanced international normative frameworks for IP) reflects a reduction in respect of the initially planned resource allocation for a Diplomatic Conference in the area of IP and Genetic Resources, Traditional Knowledge and Folklore (IGC).
   

7. 
   Program 4 includes resources allocated to the Department of Traditional Knowledge and Global Challenges relevant to Expected Result VII.2.
   

B. Budget utilization 2014

8. 
   Budget utilization is within the expected range of 40-60 per cent for the first year of the biennium and is on track.