February, 2002
Thank you Mr. Chairman;
IUCN – the World Conservation Union and CIEL, the Center for International Environmental Law, Europe (CIEL) consider:
- That existing patent systems and the recognition of intellectual property rights are not sufficient to guarantee the conservation of biological diversity nor the protection of the rights of indigenous peoples and local communities
- That the Intergovernmental Committee should consider Tasks B.2 and B.3 of its programme of work which establishes the need to identify new criteria and ways for the protection of traditional knowledge
- New criteria, and additional protection measures should lead to further work on a sui generis system which should consider inter alia, the following issues:
a)Clear and formally established procedures to obtain prior informed
consent from the concerned States as well as from indigenous peoples
and local communities.
b) Formally established means of participation and information of interested
stakeholders, especially indigenous peoples and local communities, in
the processes of research, access and use of genetic resources and traditional
knowledge.
c) Recognition and protection of moral rights of indigenous peoples
over their expressions, innovations, practices and knowledge.
d) Protection of the information already contained in registers and
databases on traditional knowledge, as well as the participation in
the administration and management of these registers and databases by
indigenous peoples and local communities.
e) Use of protection systems, similar or equivalent to trade secrets
for protecting traditional knowledge that is not in the public domain.
f) Compensation mechanisms and equitable benefit sharing arrangements
from information that is considered prior art or in the public domain,
such as public domain payant.
g) Principles and procedures that are part of the customary law of
indigenous peoples and local communities.
h) The requirement of certificates of origin or copies of access contracts
regarding access, use and post-access of genetic resources and licenses
on traditional knowledge.
i) The equitable share of benefits should not only consider royalties
and compensation payments, but also , among others, shared intellectual
property rights, technology transfer, capacity building and costs of
maintaining and revitalising traditional knowledge and biological diversity
j) Protection of traditional knowledge from unauthorised use and unfair
competition acts.
k) With reference to the distinction between commercial and non-commercial
uses of genetic resources and the associated traditional knowledge,
we recommend the establishment of mechanisms for the compliance monitoring
of post-access or final uses these genetic resources and traditional
knowledge.
Thank you Mr. Chairman