. /.WORLD TRADE
ORGANIZATIONWT/CTE/W/214
IP/C/W/350
26 June 2002
(02-3550)
Committee on Trade and Environment
Council for Trade-Related Aspectsof Intellectual Property RightsOriginal:  English
SEMINAR ON SYSTEMS FOR THE PROTECTION AND COMMERCIALIZATION
OF TRADITIONAL KNOWLEDGE
Communiqué - New Delhi, 3 – 5 April 2002
Communication from UNCTAD
Paragraph 32(ii)
1. An International Seminar was convened with the participation of representatives from Brazil,
Cambodia, Chile, China, Colombia, Cuba, Egypt, Kenya, Peru, Philippines, Sri Lanka, Thailand,
Venezuela and India at New Delhi from 3 – 5 April 2002.  The Seminar was sponsored by India and
UNCTAD, where, apart from national delegations, a number of international experts and
intergovernmental organizations expressed their views.  The range of issues covered included the
commercialization of traditional knowledge (TK), ex change of national experiences of systems for
protection of TK, including sui generis  systems, and the international dimension of protection of TK.
2. Recognizing the  serious and irreversible loss to bio-diversity at the global level, participants
expressed a need for creating and strengthening systems for protecting biodiversity and its associated
traditional knowledge, innovations and practices.  In  this context, participants expressed the need for
understanding the viability of various instruments including national sui generis systems of protection
and their recognition at the international level.  Th is issue has been the subject of debate in various
inter-governmental forums including WTO, WIPO, CBD, UNCTAD and FAO.  A number ofcountries expressed strong views on the need for identifying new means for protecting TK in the light
of increasing globalization and its impact on local and indigenous communities.  Participants
expressed a strong view that apart from existing IPRs, suitable systems based on national experiences
through customary laws and other means need to be fully explored.
3. Participants noted that traditional and local communities historically developed customary
and other forms of protection over TK, which enabled its preservation and growth.  Loss of
biodiversity and its associated TK is in part due to increasing globalization.  It is in part also due to
misappropriation of TK inter alia  through improper granting of patents and lack of rewards to
TK holders in the patent system.  These were discussed as some of the issues, which need urgent
redressal.  To offset such impacts of globalization, sui generis  systems have been developed at the
national level to protect TK and reward TK holders.  While these do provide the means for protection
and growth of TK within national jurisdictions, the participants felt that national systems by
themselves would not be adequate to fully protect and preserve TK.  For example, the ability of patent
offices in a national jurisdiction to prevent bio-piracy as well as to install informed consent
mechanisms to ensure reward to TK holders, does not ipso facto  lead to similar action on the patent
application in other countries.  A need was therefore expressed for an international framework for
protecting TK.  In this connection it was felt that the existing forms of IPR protection regimes may
not sufficiently recognize the rights of TK holders.   Similarly, benefit-sharing mechanisms installed
through national legislation would need to be recognized in user countries.WT/CTE/W/214
IP/C/W/350
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4. Commercialization of TK based products and services, where appropriate, should be
promoted with an emphasis on equitable benefit- sharing with local and indigenous communities and
with their prior informed consent.  Particular at tention should be paid to the sustainable use and
management of biological resources in the process.  The participants expressed a view that thetransfer, utilization and commercialization of TK should take place through fair and equitable terms
and conditions, for which a set of guidelines should be developed with the help of relevant
international intergovernmental organizations.  Where commercialization of TK derived products
takes place outside the country of origin, there is a need to establish mechanisms for ensuring
equitable benefit sharing.
5. Discussions then focused on the process of identifying essential components of a framework
for international recognition of various sui generis systems, customary law and others for protection
of TK.  Some of the possible components identified include:  (i) local protection to the rights of
TK holders through national level sui generis  regimes including customary laws as well as others and
its effective enforcement inter alia through systems such as positive comity of protection systems for
TK (ii) protection of traditional knowledge through registers of TK databases in order to avoid
misappropriation (iii) a procedure whereby the use of TK from one country is allowed, particularly forseeking IPR protection or commercialization, only after the competent national authority of the
country of origin gives a certificate that source of origin is disclosed and prior informed consent,
including acceptance of benefit sharing conditions, obtained (iv) an internationally agreed instrument
that recognizes such national level protection.  This would not only prevent misappropriation but also
ensure that national level benefit sharing mechanisms and laws are respected worldwide.
6. The participants recommended that their countries would work together in various
intergovernmental forums particularly CBD, FAO, WIPO, WTO, and UNCTAD to develop an
international framework for the recognition of national systems of protection of traditional
knowledge, including diverse sui generis systems.  This was found to be particularly relevant and
urgent in the context of the ongoing work programme pursuant to the Doha Ministerial Declaration.Further work should also be undertaken by inter-governmental organizations including UNCTAD on
protection and commercialization of TK with a view to promoting its sustainable use.
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