RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/217
18 October 2000
(00-4286)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English/
French/Spanish
DOCUMENT PREPARED BY THE INTERNATIONAL BUREAU OF WIPO FOR THE
ROUNDTABLE ON INTELLECTUAL PROPERTY AND TRADITIONAL KNOWLEDGE
WHICH TOOK PLACE ON 1 AND 2 NOVEMBER 1999 IN GENEVA
PROTECTION OF TRADITIONAL KNOWLEDGE:
A GLOBAL INTELLECTUAL PROPERTY ISSUE*
1. The emergence of a "global information society" in recent years, characterized by the advent
of modern information technologies, has also gi ven rise to increasing awareness of traditional
knowledge (TK).  TK is thus receiving increased attention in numerous policy fora and debates,
ranging from food and agriculture, the environment, health, human rights, and cultural policy, to trade
and economic development.  The role of intellectual property (IP) in the protection of TK is currentlybeing considered in several of these policy contexts, in addition to discussions taking place in
intellectual property circles.  As the specialized United Nations agency responsible for the promotion
of intellectual property worldwide, WIPO was mandated in its 1998-99 Program to undertake
exploratory groundwork in order to provide an informed and realistic analysis of the IP-aspects of TK.
2. WIPO's past work in this area dates from 1978 and was focused on "expressions of folklore".
Three meetings of experts were convened jointly by WIPO and the United Nations Educational,
Scientific and Cultural Organization (UNESCO), which led to the adoption in 1982 of the "Model
Provisions for National Laws on the Protection of Expressions of Folklore Against Illicit Exploitation
and Other Prejudicial Actions" (the Model Provisions).
3. An initial issue relates to appropriate terminology for the subject matter concerned.  Section 2
of the Model Provisions defines the term "expressions of folklore" as "productions consisting of
characteristic elements of the traditional artistic  heritage developed and maintained by a community
or by individuals reflecting the traditional artistic expectations of such a community" (emphasis
added).  Since adoption of the Model Provisions in 1982, international legal instruments in other
fields have increasingly used terms such as "traditional knowledge, innovations and practices"
(Article 8(j), Convention on Biological Diversity , 1992), or "indigenous knowledge, cultures and
traditional practices" (Draft UN Declaration on th e Rights of Indigenous Peoples, Preamble).  These
terms include a broader range of subject matter (for example, traditional agricultural, ecological and
medicinal knowledge and practices) than that which is covered by the term "expressions of folklore"
in the Model Provisions.  For the purposes of the present WIPO work program, the scope of inquiry
extends to all of the tradition-based creativity and innovation of human beings, irrespective of existing
terminology or definitions, and with the exception of the section on the regional consultations on the
                                                     
* At its meeting of 21 and 22 September 2000, the Council for TRIPS agreed that this document be
circulated in the IP/C/W/- series of documents.  Th e symbol of the original document circulated by the
International Bureau on 22 October 1999 is WIPO/IPTK/RT/99/2.IP/C/W/217
Page 2
protection of expressions of folklore (paragraphs 9 to 11 below), the term "traditional knowledge" is
used in this paper to refer inclusively to all relevant subject matter.
WIPO Activities during 1998-99
4. In its Program for the 1998-99 biennium, WIPO  took an exploratory approach to the
IP aspects of TK which have emerged in relevant policy debates and processes.  WIPO's Program
recognizes that basic conceptual groundwork and systematic data collection are required to assess the
IP aspects of the protection of TK, and to identify the scope of future work in a way which reflects the
interests of all relevant stakeholders.  To this end a range of activities was carried out under Main
Program 11 of the WIPO Program, including:  a series of fact-finding missions on traditional
knowledge, innovations and culture;  the convening of regional consultations on the protection of
expressions of folklore;  the convening of a Roundtable on Intellectual Property and IndigenousPeoples;  and WIPO's participation as an observer in other relevant international fora.  These activities
and some of their outcomes and implications are described in the ensuing sections.
Fact-finding missions on traditional knowledge, innovations and culture
5. While the IP needs of TK holders have been refe rred to in other international fora, there has
been to date no systematic global exercise by international organizations to document and assess the
intellectual property needs of TK holders.  As the United Nations specialized agency responsible for
the promotion of intellectual property, WIPO undert ook a series of fact-finding missions (FFMs) "to
identify and explore the intellectual property needs and expectations of new beneficiaries, including
the holders of indigenous knowledge and innovations , in order to promote the contribution of the
intellectual property system to their social, cultural and economic development."  These missions
were intended to enable the "study of current approaches to, and future possibilities for, the protection
of intellectual property rights of holders of indigenous knowledge, innovations and culture."
6. WIPO undertook nine FFMs, namely to the South Pacific, South Asia, Southern and Eastern
Africa, North America, West Africa, the Arab countries, South America, Central America and theCaribbean.  The range of interlocutors included a wide spectrum of stakeholders, including TK
holders and their representatives, government officials, research institutes, non-governmental
organizations (NGOs), museums, community organizations, village councils, etc.  No data was
collected and analyzed where forms of TK are held to be secret or sacred by communities or
informants.  Factual accounts of all the mission activities were repatriated directly to the TK holders
and other informants in the form of interim report s.  The interim reports from the nine fact-finding
missions are available from the Inter national Bureau and a general report will be published inlate 1999.
7. From the FFMs, WIPO learned that TK is a rich and diverse source of creativity and
innovation.  The FFMs revealed that traditional knowledge systems are frameworks for continuing
creativity and innovation in most fields of technology, ranging from traditional medicinal and
agricultural practices to music, design, and the gra phic and plastic arts.  Stakeholders consulted during
the FFMs considered TK to be a constantly renewed source of wealth, both as an economic asset and
as cultural patrimony.  This was the case in both developing and developed countries visited during
the FFMs.
8. WIPO learned from the FFMs that the IP issues related to TK cut across the conventional
branches of intellectual property law, such as copyright and industrial property.  In many cases TKholders do not separate "artistic" from "useful" aspects of their intellectual creations and innovations;
rather, both emanate from a single belief system which is expressed in daily life and ritual.  The FFMs
also revealed that numerous indigenous and local communities have protocols for protection of TK
and TK-based innovations under customary law.  In general, the FFMs showed the richness andIP/C/W/217
Page 3
diversity of TK on a global scale, both in terms of its inherent creativity and as potential subject
matter for IP protection.
Regional consultations on the protection of expressions of folklore
9. The WIPO Program for 1998-99 included four regional consultations on the protection of
expressions of folklore, which were held for African countries in Pretoria, South Africa (March 1999),
for countries of Asia and the Pacific region in Hanoi, Viet Nam (April 1999);  for Arab countries in
Tunis, Tunisia (May 1999);  and for Latin America and the Caribbean in Quito, Ecuador (June 1999).
In total 63 governments of WIPO Member States,  11 intergovernmental organizations, and five
non-governmental organizations were represented at the four consultation meetings.  19 expert
speakers on folklore and intellectual property from the respective regions facilitated the consultation
sessions.
10. Each of the four regional consultations adopted Resolutions or Recommendations which
include proposals for future work addressed to WIPO and UNESCO, on the one hand, and to national
governments of the respective regions on the other.  The Recommendations and other documents of
the four regional consultations are available from the International Bureau.
11. Generally, there was consensus that the WIPO workplan for folklore protection should be
expanded significantly to include activities at the national, regional, and international levels.  The
Recommendations unanimously specify four activities fo r further work in this field:  (i) the provision
of legal and technical assistance on the protection of folklore;  (ii) specialized training in
identification, documentation (including documentation standards), conservation and dissemination of
folklore;  (iii) the provision of necessary financial resources to relevant national and regional centersand institutions, and (iv) the development of an effective international regime for the protection of
expressions of folklore.
Other WIPO activities related to traditional knowledge
12. One subset of traditional knowledge which has received special attention in recent years is
"indigenous knowledge", i.e. the knowledge, innovations and creativity embodying the traditional
lifestyles of indigenous peoples.  To facilitate an exchange of views among policymakers and
indigenous peoples concerning the more effective application of the intellectual property system to
protect indigenous knowledge, WIPO organize d a “Roundtable on Intellectual Property and
Indigenous Peoples” (July 23 and 24, 1998).  De legates from 36 WIPO Member States and 104
representatives from 51 indigenous organizations were present at the Roundtable.
13. WIPO also explored the possibility of utilizing existing initiatives and centers of excellence
for the identification, collection, documentation and management of expressions of folklore.  In 1998
WIPO undertook a fact-finding mission to the Centre des musiques arabes et Méditerranéennes in Sidi
Bou Saïd, Tunisia.  The mission team recommended that the center serve as the nucleus of a regional
approach to the conservation of folklore.
14. Given the interdisciplinarity of the subject matter involved, it has been necessary for WIPO to
participate as observers in other international fora and meetings on food, agriculture, the environment,
indigenous populations, sustainable development, and cultural and biological diversity.  Several of
these fora have recently highlighted the intellectual property aspects of TK and requested technical
information and cooperation from WIPO.IP/C/W/217
Page 4
Conclusion
15. In an era increasingly marked by the globalization of trade, culture and communications, we
are witnessing a convergence between the formal intellectual property system, on the one hand, and
"informal" systems for protection of traditional knowledge, innovations and creativity, on the other.These systems have been, until recently, like ships passing in the night, integral, highly-developed,
effective within their spheres of operation, but existing in virtual independence of each other.  Their
convergence results from two consequences of curr ent globalization processes, namely, the growing
relevance of intellectual property to an increasing number of countries and users, and the expanding
recognition that TK is a valuable economic and cultural asset within the global information society.
16. A hallmark of the new, worldwide relevance of intellectual property is the upcoming entry
into force, on January 1, 2000, of the Agreement on Trade-Related Aspects of Intellectual PropertyRights (TRIPS Agreement) for developing country  Members of the World Trade Organization.  At
that time, globally-enforceable intellectual property rights will become available to the single largest
number of rightsowners having access to legal protection over their innovations and creativity in the
history of the formal intellectual property system.  As a consequence, new groups with specific needs
and uses for intellectual property, including holders of TK, will be brought face to face with existingor incipient national systems for exercise and management of intellectual property rights.  The
relevance of intellectual property is thus likely to expand both in terms of the number of users of IP
systems and the subject matter which they may seek to protect, including traditional knowledge.  As
has happened so often in the past regarding newl y-discovered or -developed forms of protectible
subject matter (computer programs, integrated circuits, data bases, for example), constructiveengagement with legitimate, if newly-articulated needs for protection of human creativity and
innovation will enable the formal intellectual property system to contribute effectively to economic
growth and social and cultural progress in the new millennium.
17. In summary, WIPO's exploratory work in 1998-99 has shown that TK is a rich source of
creativity and innovation.  The issues are complex, however, and in order to achieve betterunderstanding and promote wider consensus, it is necessary that the work program for 2000-2001
move beyond exploratory work and issues-identification, and into a phase of addressing basic
conceptual problems and testing practical solutions to the protection of TK.  Consequently the work
program for the 2000-1 biennium includes a number of activities involving exchange of information
and consultation activities on identification and documentation of protectable subject matter, pilot
projects at national and regional levels on use of the existing intellectual property system to protect
TK, exploration of customary law governing cu stodianship, use and transmission of TK and its
relationship to the formal IP system, further consultations among the relevant stakeholders and
Member States at regional and international level, and an increase in the level and scope of training
and awareness-activities dedicated to TK issues.
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