Lawson, Charles --- "WIPO, Genetic Resources and TK: The Evolution of a Formal Intellectual Property Agreement Protecting TK Associated with Genetic Resources" [2012] ELECD 325; in Bubela, Tania; Gold, Richard E. (eds), "Genetic Resources and Traditional Knowledge" (Edward Elgar Publishing, 2012)

Book Title: Genetic Resources and Traditional Knowledge

Editor(s): Bubela, Tania; Gold, Richard E.

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848442238

Section: Chapter 2

Section Title: WIPO, Genetic Resources and TK: The Evolution of a Formal Intellectual Property Agreement Protecting TK Associated with Genetic Resources

Author(s): Lawson, Charles

Number of pages: 32

Extract:

2. WIPO, genetic resources and TK: The
evolution of a formal intellectual
property agreement protecting TK
associated with genetic resources
Charles Lawson

INTRODUCTION

Traditional knowledge (TK), genetic resources (GRs) and traditional cultural
expressions/expressions of folklore (TCEs) have been the subject of text-
based negotiations to develop an international legal instrument by the World
Intellectual Property Organization (WIPO) since October 2000.1 The evolving
concern about these matters is recognition that GRs (and their associated TK)
and TCEs (including TK) have developed increased economic, scientific,
cultural and commercial values, and that intellectual property is increasingly
relevant and important to their protection and exploitation.2 WIPO's first
tentative step in this area3 was to convene the Intergovernmental Committee


1 World Intellectual Property Organization General Assembly, Twenty-Sixth
WIPO General Assembly: Report, WO/GA/26/10 (Geneva: WIPO, 2000) 71 [WIPO,
`26 GA report']; World Intellectual Property Organization General Assembly, Matters
Concerning Intellectual Property and Genetic Resources, Traditional Knowledge and
Folklore, WO/GA/26/6 (Geneva: WIPO, 2000) 4­19 [WIPO, `TK and Folklore'].
2 See Ibid at 1­2; WIPO `26 GA report', supra note 1 at 28­70; World
Intellectual Property Organization General Assembly, Traditional Knowledge and the
need to give it Adequate Intellectual Property Protection, WO/GA/26/9 (Geneva:
WIPO, 2000) 3­4 and Annex I [WIPO, `IP Protection of TK'].
3 There are a number of international bodies considering these intellectual prop-
erty related issues under conventions that directly or indirectly affect GRs and TK: see
...