Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore - 32nd Session - Opening Statement

Chair,

The European Union and its Member States are looking forward to the second session on Traditional Knowledge under the IGC 2016/2017 mandate. We would like to thank you for the work he you have undertaken in preparing this meeting and the Secretariat for all the support it has provided.

In relation to the Indicative List of outstanding issues, we would like to stress the importance of the objectives. Without a common understanding on the objectives it is not realistic to achieve progress.

These objectives should be in line with WIPOs mandate, and we should not duplicate matters that have been dealt with in other instruments, such as the CBD and the Nagoya protocol. Further, there are important IP concepts, such as the public domain and the effect on all stakeholders, which should play a key role in the discussions.

We would also like to stress again the usefulness of the different possibilities for the enhanced protection of Traditional Knowledge that have already been placed before this IGC such as awareness raising, encouraging use of existing legal frameworks, including the trademark, design, trade secret, geographical indications, and copyright systems, and improving access to those frameworks.

The EU and its MS attach importance to respecting the 2016/2017 mandate given by the 55tth General Assembly. Therefore we look forward to a substantive debate that furthers mutual understanding of the facts rather than one geared towards reaching any particular type of outcome. First and foremost we need to find agreement in relation to these basic issues.

We continue to advocate solid and evidence based discussion that considers real world implications and feasibility in social, economic and legal terms, including enforcement. To this end the EU and its Member States support a Study on national experiences and how these may inform our discussions.

The EU and its MS have re- submitted a working document which requests the WIPO secretariat to undertake a study of national experiences and domestic legislation and initiatives recently adopted in relation to the protection of Traditional Knowledge. The re-submitted document has been slightly modified, to take into account concerns expressed at IGC 31. To inform discussion at the IGC, the study should:

- Analyse domestic legislation and concrete examples of protectable subject matter and subject matter that is not intended to be protected.

- Take into account the variety of measures that can be taken, some of which could be measures based, whilst others could be rights-based.

Thank you.