. /.RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/166
5 November 1999
(99-4791)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF IMPLEMENTATION OF THE AGREEMENT
UNDER ARTICLE 71.1
Proposal on Protection of the Intellectual Property Rights of the Traditional
Knowledge of Local and Indigenous Communities1
Communication from Cuba, Honduras, Paraguay and Venezuela
The following communication, dated 20 September 1999, has been received from the
Permanent Mission of Cuba.
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Introduction
1. In the process of applying the TRIPS Agreement the above signatory countries have observed
that the traditional knowledge of local and indigenous communities should be protected through one
of the existing intellectual property systems or through a new ad hoc system so as to put an end to the
defencelessness of our communities with regard to the enjoyment and protection of their knowledge.
2. Although some international conventions have sought in some way to redefine the rights of
these peoples by indirectly recognizing their intellectual property rights, we cannot ignore the fact that
the debates concerning these disputes have inte nsified since the entry into force of the TRIPS
Agreement.  Various activities have also been unde rtaken on this complex issue at WIPO, such as the
round table on indigenous intellectual property held on 23 and 24 July 1998.
3. At present, intellectual property is defined as a form of property, generally private, which is a
temporary exception to free competition to allow exploitation of specific creations of humaningenuity.
4. This exception does not offer protection for the traditional knowledge of local and indigenous
communities, which have a wealth of medicinal practices, art, music, literature, handicrafts and so
forth, simply because this knowledge represents collective rights of a community and does not have aknown author or creator.
5. We consider it fair to recognize the specific contribution of indigenous and tribal peoples and
local communities to the cultural diversity and social and ecological harmony of mankind.
6. We therefore propose that the aspirations of these peoples to participate in global economic
development should be recognized, without discrimination and under conditions of trade permitting
                                                     
1 This communication was distributed as WT/GC/W/329 dated 20 September 1999.  At the meeting of
the Council for TRIPS of 20-21 October 1999, the representative of Venezuela requested that this
communication be circulated as a formal submission to the Council for TRIPS as well.IP/C/W/166
Page 2
access of their products and knowledge to other countries with due protection.  We also propose that
the need to facilitate exports of value-added pr oducts resulting from their ancestral knowledge be
acknowledged, to allow their economic value thus to be  better quantified and enable them to earn the
means to promote development and welfare in their communities.
7. We consider it unjust that countries with such communities are compelled automatically to
accept the accelerated pace of technological development and to give protection to emerging
technologies without obtaining recognition or protection for the rights of the holders-custodians of
this traditional knowledge.
Proposal
8. We therefore request that at the Seattle Ministerial Conference a mandate be established to:
1. Carry out a detailed study of how to protect the moral and economic intellectual
property rights relating to the traditional knowledge, medicinal practices and
expressions of folklore of local and indigenous communities.
This study should be carried out under the TRIPS Council within two years and a
final report should be presented to the fourth Ministerial Conference.
2. On the basis of this study and the final report, negotiations should be initiated to
establish multilateral rules to accord effective moral and economic intellectual
property rights to traditional knowledge, medicinal practices and expressions of
folklore and take into account the social and collective nature of these rights.
The agreed multilateral rules should become provisions of the TRIPS Agreement and
enter into force on 1 January 2004.
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