Statement by the Director General of World Intellectual Property Organization (WIPO)

Dr. Kamal Idris

9 August 2005
On the occasion of the International Day of the World's Indigenous People for 2005, I welcome the progressive steps being taken by the international community towards effective recognition and enjoyment of the rights of indigenous peoples, and greater respect for their distinct cultures, communities and values. The United Nations family is taking encouraging steps internationally to respond to the needs and aspirations of the world’s indigenous peoples, and to enhance their effective participation in policy processes and dialogue on matters that are of concern to them.

In the field of the law and policy of intellectual property (IP), this has translated into greater respect and recognition for the cultural and intellectual framework and knowledge systems in which traditional cultural expressions (TCEs), traditional knowledge (TK) and associated genetic resources are developed, maintained, and transmitted to future generations within the traditional or customary context. To show respect and recognition is a fundamental need, and offers pathways to greater understanding of the needs and aspirations of indigenous people. There are many aspects to this necessary respect and recognition – it has legal, practical, social or cultural, and procedural dimensions, and it must be sustained and holistic.

In 1998, WIPO initiated a range of activities on IP and TK, TCEs or folklore, and genetic resources. This built on WIPO’s past work on folklore, which dates back several decades and is already reflected in the protection of folklore in various international instruments, including WIPO treaties, and in many national laws. In1998 and 1999, however, a conscious choice was made to initiate the new program by consulting directly with the traditional holders and custodians of TK, TCEs/folklore and genetic resources, through a series of fact finding missions, in some 60 locations around the world. This gave an important opportunity to learn directly from the communities concerned about their needs and expectations. The lessons and guidance given during these dialogues have been central to WIPO’s continuing work. This work has in recent years been focussed in the Intergovernmental Committee on Intellectual Property and Traditional Knowledge, Genetic Resources and Folklore (the IGC) as an important policy forum for these issues.

WIPO’s current work is aimed at developing a shared understanding of how best to protect TK and TCEs against misappropriation and misuse, thus assisting the holders and custodians of TK and TCEs to exercise greater authority over how these vital elements of their cultural identity are used and disseminated, and reinforcing the legal aspect of respect and recognition. Community and national experiences in this area are diverse, but provide rich lessons for all. Greater mutual understanding and the lessons of experience are leading to the emergence of some important common themes and principles. A particular theme has been to clarify how intellectual property type principles can apply, such as in establishing the right for traditional holders to determine who uses the TK and TCEs they have custody over, and in what circumstances, and more generally as a contribution towards serving the interests articulated by holders of TK and custodians of TCEs. Current work focuses in particular on suggested objectives and principles, in the form of draft provisions, for the IP type protection of TK and TCEs which are being discussed by WIPO Member States and other stakeholders, including many indigenous groups. These objectives and principles are helping to catalyze dialogue and development of practical and legal measures at the community, national and regional levels, and may also contribute to strengthened international arrangements.

In this work the voice and experience of indigenous groups have been a vital contribution. Their guidance was invaluable during the first phase of fact finding consultations, and since then indigenous and local communities have had an important and growing voice in the work of the IGC. Some 120 observer organizations have been especially accredited to the IGC, many of which represent indigenous communities. This has enriched the debate and brought to the international discussions the indispensable voice of indigenous and local communities.

Important practical and procedural steps have been taken to enhance the participation of these communities in the work of the IGC. Each session of the IGC now commences with a panel session, chaired by a representative of an indigenous or local community, in which representatives of indigenous peoples and other traditional communities can inform the IGC participants of their community experiences and concerns with protection of TK and TCEs. The WIPO website contains a page dedicated to receiving comments, statements and papers by those organizations and communities accredited to the IGC. The draft substantive documents of the IGC reflect consultation with and substantive comments from indigenous communities, and these draft documents are in turn providing ideas and materials for processes in other fora aimed at addressing the needs and concerns of indigenous peoples. The WIPO General Assembly will, in September this year, consider a proposal for a voluntary fund that would directly support the participation of indigenous and local communities in the work of the IGC.

WIPO has participated in the work of the United Nations Permanent Forum on Indigenous Issues, and is an active member of the Inter-Agency Support Group on Indigenous Issues. More generally, WIPO is pleased to participate in the continuing cooperation and dialogue within the United Nations system to promote recognition and respect for the rights and concerns of indigenous peoples.