. /.WORLD TRADE
ORGANIZATIONWT/CTE/W/196
IP/C/W/297
21 June 2001
(01-3096)
Committee on Trade and Environment
Council for Trade-Related Aspectsof Intellectual Property Rights
*Original:  English
THE WIPO INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY
AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE
FIRST SESSION, GENEVA, 30 APRIL – 3 MAY 2001
Submission by the World Intellect ual Property Organization (WIPO)
I. INTRODUCTION
1. Since 1998 WIPO has taken an exploratory approach to emerging intellectual property issues
related to trade and the environment.  Specifically, Main Program 11 of the WIPO Program and
Budget, which is entitled ‘Global Intellectual Prope rty Issues,’ addresses the relationship between the
effective protection of intellectual property rights and genetic resources, traditional knowledge andexpressions of folklore.  A summary of the activities undertaken under this Main Program in 1998-
1999 and the 2000-2001 biennia was submitted in a WIPO Statement to the Committee on Trade and
Environment, at its meeting on 13-14 Fe bruary 2001 (WT/CTE/W/182-IP/C/W/242).
2. As an outcome of these activities and extensive discussions about intellectual property and
genetic resources among WIPO Member States since September 1999, the WIPO General Assembly,at its 26
th Session, held in Geneva from 26 September to 3 October 2000, decided that a distinct body
should be established within WIPO to facilitate discussions among Member States on intellectual
property issues related to genetic resources, traditional knowledge and expressions of folklore.  To
this end, the Member States decided to establish an Intergovernmental Committee on Intellectual
Property and Genetic Resources, Traditional Knowledge and Folklore.
3. The Intergovernmental Committee constitutes a forum in which discussions may proceed
among Member States on three primary themes:  intellectual property issues that arise in the contextof:  (i) access to genetic resources and benefit-sharing;  (ii) protection of traditional knowledge,
whether or not associated with those resources;  and (iii) the protection of expressions of folklore.
4. The Intergovernmental Committee is open to all Member States of WIPO.  As is usual in
WIPO bodies, relevant intergovernmental organizati ons and accredited international and regional non-
governmental organizations are invited to participate in an observer capacity.
II. THE INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY
AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE
5. The WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources,
Traditional Knowledge and Folklore held its first session from 30 April to 3 May 2001.  The first
Session was attended by 102 States members of WIPO or the Paris Union for the Protection ofIndustrial Property, 18 intergovernmental organizations and secretariats, and 15 accredited non-
                                                     
* At its meeting of 21-22 September 2000, the Council for TRIPS agreed that future documents to be
circulated in the Committee on Trade and Environment in relation to item 8 of the work programme of thatCommittee concerning "the Relevant Provisions of the TRIPS Agreement" be circulated jointly in the
Committee on Trade and Environment and the Council for TRIPS (document IP/C/M/28, paragraph 138).WT/CTE/W/196
IP/C/W/297
Page 2
governmental organizations.  The working documents of the session can be obtained from the
Secretariat and are also available at:  http://www.wipo.int/ .  The working documents included four
which were submitted to the Committee by Member States and regional integration organizations.
6. At the first session of the Intergovernmental Committee, WIPO Member States expressed
support for a work programme intended to advance discussion on the three themes, which comprises
the following items:
1. Genetic resources
• Considering the development of “guide contractual practices,” guidelines, and model intellectual
property clauses for contractual agreements on access to genetic resources and benefit-sharing,
taking into account the specific nature and needs of different stakeholders, different genetic
resources, and different transfers within different sectors of genetic resource policy.
2. Traditional knowledge
• Delineating the scope of subject matter in respect of which the Member States wish to discuss the
application of intellectual property protection, for the purpose of having a definition of the term“traditional knowledge.”
• Compiling, comparing and assessing information on the availability and scope of intellectual
property protection for traditional knowledge w ithin the scope of subject matter which was
delimited for the term traditional knowledge under the above item and identifying any elements ofthe agreed subject matter which require additional protection.
• Considering the revision of existing criteria and developing new criteria which would allow the
effective integration of traditional knowledge documentation into searchable prior art.
• Considering ways of assisting traditional know ledge holders in relation to the enforcement of
intellectual property rights, in particular by assist ing them to strengthen their capacity to enforce
their rights.
3. Expressions of Folklore
• undertaking a collection and analysis of national  experiences with regard to the protection of
folklore.
The  second Session of the Intergovernmental Committee is expected to take place in Geneva
from 10 to 14 December 2001.
III. CONCLUSION
7. WIPO recognizes that intellectual property rights may be of relevance in the fields of trade as
well as environmental policy.  At the crossroads of discussions on these aspects of intellectual
property rights, WIPO’s work has focused on intellectual property issues related to genetic resources,
traditional knowledge and folklore.  As the sp ecialized UN-agency res ponsible for intellectual
property protection, WIPO is aiming to facilitate discussions among all relevant stakeholders on these
topics.  The creation and first Session of the WIPO Intergovernmental Committee on IntellectualProperty and Genetic Resources, Traditional Knowledge and Folklore have established a forum in
which discussions may proceed on these three themes.
__________