73000 Federal Register / Vol. 88, No. 204 / Tuesday, October 24, 2023 / Notices 

1www.federalregister.gov/documents/2000/11/ 

09/00-29003/consultation-and-coordination-withIndian-tribal-governments/. 

2www.whitehouse.gov/briefing-room/ 

presidential-actions/2021/01/26/memorandum-ontribal-consultation-and-strengthening-nation-tonation-relationships/. 

3www.whitehouse.gov/briefing-room/ 

presidential-actions/2022/11/30/memorandum-onuniform-standards-for-tribal-consultation/. 

4www.commerce.gov/sites/default/files/media/ 

files/2013/tribal-consultation-final.pdf. 

5WIPO currently has 193 Member States: 

www.wipo.int/members/en/. 

6The current ‘‘IGC Mandate’’ may be found at: 

www.wipo.int/tk/en/igc. As of this writing, the IGC 

Mandate covers the biennium 2024/2025. 

amount of take authorized under the 

LOA is of no more than small numbers. 

Accordingly, we have issued an LOA to 

Murphy authorizing the take of marine 

mammals incidental to its geophysical 

survey activity, as described above. 

Dated: October 19, 2023. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2023–23455 Filed 10–23–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

[Docket No.: PTO–C–2023–0020] 

Formal Tribal Consultation on WIPO 

IGC Negotiations 

AGENCY: United States Patent and 

Trademark Office, Department of 

Commerce. 

ACTION: Notice of Tribal Consultation 

meetings and request for comments. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO), Department 

of Commerce, announces a formal Tribal 

Consultation, and requests written 

comments on issues involving genetic 

resources (GR), traditional knowledge 

(TK), and traditional cultural 

expressions (TCEs). These topics are 

being discussed at the World 

Intellectual Property Organization 

(WIPO). Specifically, the WIPO 

Intergovernmental Committee on 

Intellectual Property and Genetic 

Resources, Traditional Knowledge, and 

Folklore (traditional cultural 

expressions) (WIPO IGC) is undertaking 

negotiations regarding how best to 

protect GR, TK, and TCEs of Indigenous 

Peoples. 

DATES: Webinar Dates: The webinar for 

federally recognized Tribal Nations and 

their proxies will be held on Tuesday, 

January 16, 2024, from 3 to 5 p.m. ET 

and Wednesday, January 17, 2024 from 

3 to 5 p.m. ET. The webinar for state 

recognized Tribes and other Tribal 

members, Native Hawaiians and their 

representatives, and inter-tribal 

organizations, will be held on Friday, 

January 19, 2024, from 3 to 5 p.m. ET 

and Tuesday, January 23, 2024, from 3 

to 5 p.m. ET. Please register in advance 

to participate in one of these webinars 

at: https://cvent.me/bZRP3L. After 

registering, you will receive a 

confirmation email containing 

information about joining the meeting. If 

you are unable to join via the platform, 

a call-in number also will be provided. 

The webinar for federally recognized 

Tribes is open only to federally 

recognized Tribal Nations and their 

proxies and is closed to the press. The 

webinar for state recognized Tribes and 

other Tribal members, Native Hawaiians 

and their representatives, and intertribal organizations is open only to these 

entities and communities and is also 

closed to the press. 

Comment Deadline: Written 

comments pursuant to the questions in 

this Notice must be received by Friday, 

February 23, 2024. 

ADDRESSES: Written comments may be 

submitted by email to: 

TribalConsultWIPOIGC2023@uspto.gov. 

Please use the heading ‘‘WIPO IGC 

FORMAL TRIBAL CONSULTATION 

2023’’ in the subject line. 

If electronic submission of comments 

is not feasible due to a lack of access to 

a computer and/or the internet, please 

submit comments by First-Class Mail or 

Priority Mail to: Susan Anthony, Tribal 

Affairs Liaison, Mail Stop OPIA, U.S. 

Patent and Trademark Office, P.O. Box 

1450, Alexandria, VA 22314–1450. 

FOR FURTHER INFORMATION CONTACT: 

Susan Anthony, Tribal Affairs Liaison, 

Office of Policy and International 

Affairs (OPIA), USPTO, at 

Susan.Anthony@uspto.gov or at 571– 

272–8459. Please direct media inquiries 

to the USPTO’s Office of the Chief 

Communications Officer at 571–272– 

8400. These webinars are closed to the 

media. 

SUPPLEMENTARY INFORMATION: The 

USPTO has been actively engaged in 

discussions in the WIPO IGC, along 

with other Federal agencies, and has 

been responsible for leading the 

development of U.S. positions on WIPO 

IGC issues. The USPTO’s announcement 

for formal Tribal Consultation on WIPO 

IGC issues aligns with the Federal 

Government’s policies and relationship 

with Tribal Governments, including: 

Executive Order 13175; 1 President 

Biden’s Memorandum on Tribal 

Consultation and Strengthening Nationto-Nation Relationships; 2 President 

Biden’s Memorandum on Uniform 

Standards for Tribal Consultation; 3 and 

the Tribal Consultation and 

Coordination Policy for the U.S. 

Department of Commerce (‘‘Policy’’).4

The Policy requires that the Department 

and operating units engage in 

meaningful dialogue with Tribes 

regarding policies that have Tribal 

implications. This Tribal Consultation 

will consist of a webinar for federally 

recognized Tribal Nations and their 

proxies and a separate webinar for state 

recognized Tribes and other Tribal 

members, Native Hawaiians, and intertribal associations. 

In addition to these webinars, the 

USPTO seeks written comments 

regarding the questions in this Notice. 

Written comments may include 

comments responsive to the questions 

in this Notice, comments responsive to 

issues discussed during the webinars, 

and any other related concerns. 

WIPO is a specialized United Nations 

agency based in Geneva, Switzerland, 

that focuses on intellectual property 

(IP). Established in September 2000, the 

WIPO IGC serves as a forum where 

WIPO Member States 5 and accredited 

observers can discuss the intellectual 

property issues that arise in the context 

of access to GR and benefit-sharing, as 

well as the protection of TK and 

folklore/TCEs. 

Since 2009, the WIPO IGC has been 

engaged in text-based negotiations on an 

international legal instrument for GR, 

TK, and TCEs. The U.S. understands the 

term ‘‘international legal instrument(s)’’ 

in the WIPO IGC mandate 6 to include 

declarations, recommendations, best 

practices, toolkits, and other forms of 

‘‘soft law’’ and actively seeks practical 

recommendations in addressing the 

matters under discussion within the 

WIPO IGC. WIPO also has the authority 

to initiate norm-setting discussions and 

to propose international rules for 

adoption by a diplomatic conference or 

adoption by another WIPO body. 

‘‘International legal instrument(s)’’ 

could also include a treaty or 

international agreement, although there 

is no requirement that prescribes this 

particular outcome. This request for 

comments seeks Tribal input on, among 

other topics, whether a treaty or forms 

of soft law are necessary to address 

issues regarding TK and TCEs. 

The WIPO General Assembly, held in 

Geneva, Switzerland, on July 14–22, 

2022, decided to convene a diplomatic 

conference to conclude an International 

Legal Instrument Relating to Intellectual 

Property, Genetic Resources and 

Traditional Knowledge Associated with 

Genetic Resources, based on document 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 204 / Tuesday, October 24, 2023 / Notices 73001 

7The WIPO Press Release can be found at: 

www.wipo.int/diplomatic-conferences/en/geneticresources/index.html. 

8 Id. 

9The IGC resumed its negotiations in a hybrid 

format after a pause of two years caused by the 

COVID–19 pandemic, at the 42nd session, February 

28 to March 4, 2022. 

10See Member States at: www.wipo.int/members/ 

en/. 

11See Participating in the IGC at: www.wipo.int/ 

tk/en/igc/participation.html. The Observers include 

Indigenous Peoples and local communities 

throughout the world. Among the Tribal Nations, 

the Tulalip Tribes of Washington, through its 

Governmental Affairs Department, is an accredited 

organization able to participate in person or 

virtually both orally and, through the Secretariat, in 

writing. Funding for Indigenous Peoples and local 

communities to participate in person may be 

available through the WIPO Voluntary Fund, upon 

timely application. 

12These Federal agencies typically include the 

American Folklife Center at the Library of Congress, 

the International Trade Administration, the U.S. 

Department of Commerce, the U.S. Copyright 

Office, the U.S. Department of the Interior, and the 

U.S. Department of State. 

13See Article 2 in Home | Convention on 

Biological Diversity at: www.cbd.int. The U.S. is not 

a member of the CBD, but accepts these definitions 

for purposes of the work in the WIPO IGC. 

WIPO/GRTKF/IC/43/5 (the Chair’s text) 

and any other contributions by Member 

States. The diplomatic conference is to 

be held no later than 2024.7 In 

September 2023, a special session of the 

IGC was held to close certain existing 

gaps in the text to the extent possible. 

The special session of the IGC was able 

to agree on only minor changes to the 

original Chair’s text. Also in September 

2023, a Preparatory Committee of the 

Diplomatic Conference convened and 

adopted rules of procedure for the 

diplomatic conference.8 Tribes also may 

wish to review the USPTO Federal 

Register Notice on WIPO IGC 

Negotiations on Genetic Resources and 

associated Traditional Knowledge. 

In July 2023, the WIPO General 

Assembly also decided to continue the 

WIPO IGC text-based negotiations on IP 

and the protection of TK and TCEs in 

the 2024–2025 biennium. Under its 

current mandate, the WIPO IGC meets 

three times per year, with each meeting 

typically lasting for one week, at the 

WIPO headquarters in Geneva, 

Switzerland.9 Participants are WIPO 

Member States 10 and various accredited 

Observers.11 The USPTO, in 

consultation with other Federal 

agencies,12 has been leading the 

development of United States positions 

on issues before the WIPO IGC. This 

request for comments seeks Tribal input 

to inform the U.S. Government as it 

participates in the ongoing WIPO IGC 

meetings on TK/TCEs and in meetings 

related to the anticipated diplomatic 

conference in 2024 on GR and 

associated TK. 

On June 28, 2022, the USPTO hosted 

a webinar providing background 

information on the WIPO IGC text-based 

negotiations to assist American Indians, 

Alaska Natives, and Native Hawaiians 

and their representatives in preparing 

for this Tribal Consultation. The 

webinar outlined the Federal 

Government’s positions on issues 

involving IP and GR, TK, and TCEs, and 

opportunities for Tribal input with 

respect to the WIPO IGC and with the 

Federal Government. Links to this 

webinar and to WIPO IGC resources 

mentioned in the webinar can be found 

under ‘‘Resources’’ below. 

Definitions. While ‘‘Genetic 

Resources’’ is defined in the Convention 

on Biological Diversity (CBD) as 

‘‘genetic material of actual or potential 

value’’ and ‘‘genetic material’’ is defined 

as ‘‘any material of plant, animal, 

microbial or other origin containing 

functional units of heredity,’’ 13 the term 

GR has not been given an agreed upon 

definition in the WIPO IGC. Definitions 

of TK and TCEs are not the subject of 

international agreement and remain 

under discussion in the WIPO IGC. For 

purposes of providing supplementary 

information only, possible attributes of 

TK might include, but are not limited to, 

knowledge that is passed from 

generation to generation, in fixed or 

unfixed form, and linked with the 

national or social identity of Indigenous 

Peoples and local communities. TK 

might include know-how, skills, 

innovations, practices, teachings, and 

learning. Attributes of TCEs might 

include, but are not limited to, subject 

matter that is passed from generation to 

generation, usually in unfixed form but 

not necessarily, based on communityoriented creativity and generally not 

attributable to individual authors, and 

continuously used and developed 

within the community. TCEs might take 

the forms of literature, music, dance, 

games, mythology, rituals, and 

handicrafts. TCEs may also encompass 

religious and sacred texts, arts and 

customs, other expressions of faith, and 

ancient beliefs. Some forms of TCEs 

may be considered secret or sacred, 

while others may be routinely used 

commercially. 

The issue of ‘‘public domain’’ is a 

fundamental concept in the WIPO IGC 

TCEs and TK discussions, defining the 

boundary between the interests of 

holders of exclusive rights and the 

ability of others, including the public, to 

access and use the subject matter to be 

protected. Each type of intellectual 

property—patent, trade secret, 

trademark, and copyright—recognizes a 

form of public domain. Various 

approaches to defining the public 

domain have been considered in the 

WIPO IGC, including in WIPO IGC 40: 

‘‘Public domain refers for the purposes 

of this instrument to tangible and 

intangible materials that by their nature 

are not or may not be protected by 

established intellectual property rights 

or related forms of protection by the 

legislation in the country where the use 

of such material is carried out.’’ 

Indigenous Peoples within the WIPO 

IGC have expressed concern that 

defining the public domain is not 

susceptible to a uniform dividing line 

between protected and unprotected 

elements and must be more elastic. 

While WIPO IGC Member States 

generally have familiarity with the 

concept of public domain in intellectual 

property, they may not have experience 

in creating exclusive rights around TK 

or TCEs. Thus, taking TK or TCEs out 

of the public domain remains a 

principal issue of discussion within the 

WIPO IGC. 

Request for information: While the 

USPTO welcomes any relevant 

comments on the topics described in 

this Request for Comments, the USPTO 

is particularly interested in comments 

responsive to the questions below. A 

non-exclusive list of WIPO IGC 

resources on the WIPO website— 

WIPO.int—and the USPTO website— 

USPTO.gov—follows the questions 

below and may provide useful 

background information in considering 

these questions. When responding to the 

questions, please identify yourself and 

either your Tribal Government or that 

you are a Native Hawaiian. If you are a 

Tribal or Native Hawaiian 

representative, please identify yourself, 

whom you represent, and your 

involvement to date, if any, in the WIPO 

IGC in person or virtually. Commenters 

need not respond to every question and 

may provide relevant information, even 

if not responsive to a particular 

question. For purposes of the Questions 

for Comment below, please note that 

‘‘Tribe’’ is intended to refer to Tribal 

Nations, state recognized Tribes, other 

Tribes, and Native Hawaiians. 

Questions for Comment 

1. Please describe how Tribes protect 

genetic resources, traditional 

knowledge, and/or traditional cultural 

expressions. 

2. Please describe your views on using 

the framework of intellectual property 

concepts and laws, such as patents, 

trademarks, copyrights, or trade secrets, 

to protect genetic resources, traditional 

knowledge, and/or traditional cultural 

expressions. 


ddrumheller on DSK120RN23PROD with NOTICES1
73002 Federal Register / Vol. 88, No. 204 / Tuesday, October 24, 2023 / Notices 

3. Please describe your views 

regarding using any other means to 

protect genetic resources, traditional 

knowledge, and/or traditional cultural 

expressions. Please also include your 

views regarding: 

a. whether eligibility criteria should 

be used to determine which types of 

traditional knowledge, traditional 

cultural expressions, and/or genetic 

resources would be protected and, if so, 

what criteria should be used, and 

b. what parameters, if any, should be 

placed on the scope or term of 

protection for traditional knowledge, 

traditional cultural expressions, and/or 

genetic resources. 

4. Please describe your views 

regarding whether an international 

treaty should be pursued to protect 

genetic resources, traditional knowledge 

and/or traditional cultural expressions. 

If so, please describe your views on 

what essential elements or conditions 

would be necessary to include in an 

international treaty to ensure protection 

of genetic resources, traditional 

knowledge and/or traditional cultural 

expressions. 

5. The WIPO IGC has not come to any 

conclusions about how to define 

‘‘traditional knowledge.’’ Please 

describe how you would recommend 

defining ‘‘traditional knowledge’’ or, 

alternatively, please provide your views 

regarding the attributes of traditional 

knowledge. 

6. The WIPO IGC has not come to any 

conclusions about how to define 

‘‘traditional cultural expressions.’’ 

Please describe how you would 

recommend defining ‘‘traditional 

cultural expressions’’ or, alternatively, 

please provide your views regarding the 

attributes of traditional cultural 

expressions. 

7. The WIPO IGC has not come to any 

conclusions about how to define 

‘‘public domain.’’ 

a. Please describe how you would 

recommend defining ‘‘public domain.’’ 

b. Please share your views regarding 

how the concept of ‘‘public domain’’ 

relates to genetic resources, traditional 

knowledge, and/or traditional cultural 

expressions. 

8. Please share your views regarding 

whether genetic resources, traditional 

knowledge, and/or traditional cultural 

expressions that have been widely 

diffused to the public are capable of 

protection, whether they should be 

protected, and, if so, how they should 

be protected, including any specific 

examples you may have. Please also 

share your views on whether there 

should be any exceptions to such 

protection. 

9. Please share your views regarding 

whether genetic resources, traditional 

knowledge, and/or traditional cultural 

expressions that have been widely 

diffused to the public can continue to 

impact holders and, if so, please share 

any specific examples you may have. 

10. Please describe your 

recommendations, if any, on how to 

identify traditional knowledge that has 

entered the public domain and, 

therefore, may be freely used by others. 

11. Please describe your 

recommendations, if any, on how to 

identify traditional cultural expressions 

that have entered the public domain 

and, therefore, may be freely used by 

others. 

12. Please describe your 

recommendations, if any, on how to 

identify genetic resources that have 

entered the public domain and, 

therefore may be freely used by others. 

13. Please describe the circumstances, 

if any, in which a holder of a traditional 

cultural expression, genetic resource, 

and/or traditional knowledge might be 

interested in permitting third party use. 

Please include your views regarding: 

a. what conditions or requirements a 

holder might place on third parties in 

exchange for granting permission for 

such use; 

b. how a third party, interested in 

potential use, could determine whether 

something is a traditional cultural 

expression, genetic resource, or 

traditional knowledge, and who holds 

it; and 

c. who, with respect to the holder of 

a traditional cultural expression, genetic 

resource, or traditional knowledge, 

would be the appropriate authority to 

control, or grant permission for, such 

third-party use. 

14. Please describe real-world 

examples, if any, in which a Tribe has 

authorized others to commercially use 

its traditional cultural expressions, 

genetic resources, or traditional 

knowledge. 

15. Please describe your views and 

any recommendations, including any 

real-world examples, regarding the use 

by third parties of genetic resources, 

traditional knowledge, and/or 

traditional cultural expressions for 

research. 

16. Please describe your views and 

any recommendations, including any 

real-world examples, regarding the use 

of genetic resources, traditional 

knowledge, and/or traditional cultural 

expressions by archives, libraries, 

museums, or cultural institutions. 

17. Please describe your views 

regarding how the unauthorized use of 

traditional knowledge, traditional 

cultural expressions, and/or genetic 

resources impacts Tribes, including any 

real-world examples. 

18. Please provide your 

recommendations, including any realworld examples, regarding how best to 

address unauthorized uses of genetic 

resources, traditional knowledge, and/or 

traditional cultural expressions. 

Resources 

Below is a non-exclusive list of WIPO 

IGC resources on the World Intellectual 

Property Organization website, 

WIPO.int, that may be useful in 

answering the above questions. In 

addition, the USPTO hosted a webinar 

on June 28, 2022, providing information 

about the WIPO IGC text-based 

negotiations to assist American Indians, 

Alaska Natives, and Native Hawaiians 

in preparing for this Tribal 

Consultation. A recording of the 

webinar can be found here: https://

www.uspto.gov/ip-policy/patent-policy/ 

uspto-formal-tribal-consultationpreview. The USPTO.gov website also 

contains information about intellectual 

property, including ‘‘IP eLearning 

modules’’ on intellectual property 

protection and enforcement. 

Report of Indigenous Expert 

Workshop on Intellectual Property and 

Genetic Resources, Traditional 

Knowledge and Traditional Cultural 

Expressions, dated February 26, 2023, 

can be found here: https://

www.wipo.int/meetings/en/doc_

details.jsp?doc_id=601231. 

Documents for the WIPO IGC meeting 

on June 5–9, 2023, including the latest 

traditional knowledge (TK) and 

traditional cultural expressions (TCEs) 

texts, can be found here: www.wipo.int/ 

meetings/en/details.jsp?meeting_

id=75419. 

IGC 47 Summary can be found here: 

www.wipo.int/tk/en/news/igc/2023/ 

news_0005.html. 

The Non-paper Chair’s Text of a Draft 

International Legal Instrument relating 

to Intellectual Property and Traditional 

Knowledge/Traditional Cultural 

Expressions: 

The First Draft, dated February 21, 

2023, can be found here: www.wipo.int/ 

meetings/en/doc_details.jsp?doc_

id=600911. 

The Second Draft, dated May 26, 

2023, can be found here: www.wipo.int/ 

meetings/en/details.jsp?meeting_

id=75419. 

WIPO IGC Press Release: WIPO 

Member States Approve Diplomatic 

Conferences for Two Proposed Accords, 

dated July 21, 2022, can be found here: 

www.wipo.int/pressroom/en/articles/ 

2022/article_0009.html. 

Text associated with the 

announcement of the Diplomatic 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 204 / Tuesday, October 24, 2023 / Notices 73003 

1WIPO currently has 193 Member States 

(www.wipo.int/members/en/). 

Conference on Intellectual Property and 

Genetic Resources: ‘‘Substantive 

articles’’ (Articles 1 through 9) from 

WIPO/GRTKF/IC/43/5 Chair’s Text of a 

Draft International Legal Instrument 

relating to Intellectual Property, Genetic 

Resources and Traditional Knowledge 

associated with Genetic Resources: 

Intergovernmental Committee on 

Intellectual Property and Genetic 

Resources, Traditional Knowledge and 

Folklore: Forty-Third Session (wipo.int), 

as revised in the Special Session of the 

Intergovernmental Committee on 

Intellectual Property and Genetic 

Resources, Traditional Knowledge and 

Folklore, September 4–8, 2023, is 

included as the Annex to document 

WIPO/GRTKF/IC/SS/GE/23/4 on the 

Decisions adopted by the Committee on 

genetic resources and associated 

traditional knowledge, and can be found 

here: www.wipo.int/meetings/en/doc_

details.jsp?doc_id=620066. 

General Information on the 

Diplomatic Conference on Intellectual 

Property and Genetic Resources can be 

found here: www.wipo.int/diplomaticconferences/en/genetic-resources/ 

index.html. 

Note that documents for all WIPO IGC 

meetings can be found here: 

www.wipo.int/meetings/en/ 

topic.jsp?group_id=110&items=10. 

WIPO Publication: Intellectual 

Property and Genetic Resources, 

Traditional Knowledge and Traditional 

Cultural Expressions can be found here: 

www.wipo.int/edocs/pubdocs/en/wipo_

pub_933_2020.pdf. 

WIPO Publication: Protect and 

Promote Your Culture A Practical Guide 

to Intellectual Property for Indigenous 

Peoples and Local Communities can be 

found here: www.wipo.int/publications/ 

en/details.jsp?id=4195. 

WIPO Webinar Series: How to Protect 

and Promote Your Culture can be found 

here: www.wipo.int/tk/en/protect_and_

promote.html. These webinars focus on 

intellectual property (IP) tools that can 

be used to protect and promote 

traditional knowledge (TK) and 

traditional cultural expressions (TCEs). 

Documents describing key issues 

related to protecting traditional cultural 

expressions (TCE)/folklore and 

traditional knowledge (TK) can be found 

here: www.wipo.int/tk/en/igc/ 

issues.html. 

Presentations on Indigenous and 

Local Community Experiences can be 

found here: www.wipo.int/tk/en/igc/ 

panels.html. See also Indigenous 

Peoples and Local Communities’ 

Engagement: www.wipo.int/tk/en/ 

engagement.html. 

IGC Related Seminars, on intellectual 

property and genetic resources, on IP 

and traditional knowledge, and on IP 

and traditional cultural expressions can 

be found here: www.wipo.int/tk/en/igc/ 

related_seminars.html. 

Views from Speakers at the Seminar 

on Intellectual Property and Traditional 

Cultural Expressions, on June 8 and 9, 

2017, can be found here: www.wipo.int/ 

tk/en/news/tk/2017/news_0009.html. 

P. Jaszi, ‘‘Protecting traditional 

cultural expressions—some questions 

for lawmakers,’’ WIPO Magazine, dated 

August 2017, can be found here: 

www.wipo.int/export/sites/www/wipo_

magazine/en/pdf/2017/wipo_pub_121_

2017_04.pdf. 

Information on how to participate in 

the IGC, including virtually, can be 

found here: www.wipo.int/tk/en/igc/ 

participation.html. Note that 

organizations requesting to be 

accredited as an observer at the IGC 

must complete an accreditation form 

and submit it to WIPO at least 60 days 

prior to the first session that it wishes 

to attend. 

Katherine K. Vidal, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2023–23386 Filed 10–23–23; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

[Docket No.: PTO–C–2023–0019] 

WIPO IGC Negotiations on Genetic 

Resources and Associated Traditional 

Knowledge 

AGENCY: United States Patent and 

Trademark Office, Department of 

Commerce. 

ACTION: Notice and request for 

comments. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO), Department 

of Commerce, requests public comments 

on certain text-based negotiations before 

the World Intellectual Property 

Organization (WIPO) Intergovernmental 

Committee (IGC) on Intellectual 

Property and Genetic Resources, 

Traditional Knowledge, and Folklore 

(Traditional Cultural Expressions). 

WIPO will organize a diplomatic 

conference to negotiate a treaty focusing 

on intellectual property (IP), genetic 

resources (GRs), and traditional 

knowledge (TK) associated with GRs no 

later than 2024. Public comments are 

requested regarding the negotiations on 

genetic resources and associated 

traditional knowledge. 

DATES: The written comment period will 

begin on October 24, 2023, and end on 

January 22, 2024. 

ADDRESSES: For reasons of Government 

efficiency, comments should be 

submitted through the Federal 

eRulemaking Portal at https://

www.regulations.gov. To submit 

comments via the portal, enter docket 

number PTO–C–2023–0019 on the 

homepage and click ‘‘Search.’’ The site 

will provide a search results page listing 

all documents associated with this 

docket. Find a reference to this request 

for information and click on the 

‘‘Comment’’ icon, complete the required 

fields, and enter or attach your 

comments. Attachments to electronic 

comments will be accepted in Adobe®

portable document format or Microsoft 

Word® format. Because comments will 

be made available for public inspection, 

information that the submitter does not 

desire to make public, such as an 

address or phone number, should not be 

included. 

Visit the Federal eRulemaking Portal 

(www.regulations.gov) for additional 

instructions on providing comments via 

the portal. If electronic submission of 

comments is not feasible due to a lack 

of access to a computer and/or the 

internet, please submit comments by 

First-Class Mail or Priority Mail to: 

Paolo M. Trevisan, Patent Attorney, 

Mail Stop OPIA, U.S. Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313–1450. 

FOR FURTHER INFORMATION CONTACT: 

Paolo M. Trevisan, Patent Attorney, 

USPTO, Office of Policy and 

International Affairs (OPIA), at 571– 

272–7110. 

SUPPLEMENTARY INFORMATION: WIPO is a 

specialized United Nations agency 

based in Geneva, Switzerland, that 

focuses on intellectual property. 

Established in September 2000, the 

WIPO IGC serves as a forum where 

WIPO Member States 1 and accredited 

observers can discuss and address the 

intellectual property issues that arise in 

the context of access to GRs and benefitsharing as well as the protection of TK 

and traditional cultural expressions 

(TCEs). 

Since 2009, the WIPO IGC has been 

engaged in separate text-based 

negotiations on (1) an international legal 

instrument for the protection of genetic 

resources and associated traditional 

knowledge and (2) an international legal 

instrument for TK and TCEs. The 

United States understands the term 

‘‘international legal instrument’’ in the 


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