Informe Sesión 38
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WIPO/GRTKF/IC/38/16
ORIGINAL: ENGLISH
DATE: MARCH 22, 2019
Intergovernmental Committee on Intellectual Property and Genetic
Resources, Traditional Knowledge and Folklore
Thirty-Eighth Session
Geneva, December 10 to 14, 2018
REPORT
Adopted by the Committee
WIPO/GRTKF/IC/38/16
page 2
1. Convened by the Director General of the World Intellectual Property Organization
(“WIPO”), the Intergovernmental Committee on Intellectual Property and Genetic Resources,
Traditional Knowledge and Folklore (“the Committee” or “the IGC”) held its Thirty-Eighth
Session (“IGC 38”) in Geneva, from December 10 to 14, 2018.
2. The following States were represented: Albania, Algeria, Argentina, Armenia, Australia,
Austria, Azerbaijan, Belarus, Bolivia (Plurinational State of), Brazil, Burkina Faso, Burundi,
Cameroon, Canada, Chile, China, Colombia, Côte D’Ivoire, Czech Republic, Democratic
People’s Republic of Korea, Denmark, Egypt, El Salvador, Ecuador, Finland, Former Yugoslav
Republic of Macedonia, France, Germany, Ghana, Guatemala, Honduras, Holy See, Hungary,
India, Indonesia, Iran (Islamic Republic of), Israel, Italy, Jamaica, Japan, Kazakhstan, Kenya,
Lebanon, Lithuania, Malaysia, Malawi, Mexico, Morocco, Myanmar, Nepal, Netherlands,
Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Peru, Philippines, Portugal, Republic of
Korea, Romania, Russian Federation, Saudi Arabia, Senegal, Seychelles, Slovakia, South
Africa, Spain, Sudan, Sri Lanka, Sweden, Switzerland, Thailand, Trinidad and Tobago, Turkey,
Uganda, Ukraine, United Kingdom, United States of America, Uruguay, Venezuela (Bolivarian
Republic of) and Zimbabwe (84). The European Union (“the EU”) and its Member States were
also represented as a member of the Committee.
3. The Permanent Observer Mission of Palestine participated in the meeting in an observer
capacity.
4. The following intergovernmental organizations (“IGOs”) took part as observers: Patent
Office of the Cooperation Council for the Arab States of the Gulf (GCC Patent Office); and
South Centre (SC) (2).
5. Representatives of the following non-governmental organizations (“NGOs”) took part as
observers: Asia Indigenous Peoples Pact (AIPP); Centre for International Governance
Innovation (CIGI); Centro de Estudios Multidisplinarios – Aymara (CEM-Aymara); Civil Society
Coalition (CSC); Comisión Jurídica para el Autodesarrollo de los Pueblos Originarios Andinos
(CAPAJ); CropLife International (CROPLIFE); France Freedoms - Danielle Mitterrand
Foundation; Health and Environment Program (HEP); Indian Movement - Tupaj Amaru;
Indigenous Peoples’ Center for Documentation, Research and Information (DoCip); Indigenous
World Association (IWA); International Committee for the Indians of the Americas (Incomindios);
International Indian Treaty Council; International Trademark Association (INTA); Korea
Invention Promotion Association (KIPA); MALOCA Internationale; Métis National Council
(MNC); Motion Picture Association (MPA); Native American Rights Fund (NARF); Tebtebba
Foundation - Indigenous Peoples’ International Centre for Policy Research and Education;
Tulalip Tribes of Washington Governmental Affairs Department; and World Trade Institute (WTI)
(22).
6. The list of participants is annexed to this report.
7. Document WIPO/GRTKF/IC/38/INF/2 Rev. provided an overview of the documents
distributed for IGC 38.
8. The Secretariat noted the interventions made, and the proceedings of the session were
communicated and recorded on webcast. This report summarizes the discussions and provides
the essence of interventions, without reflecting all the observations made in detail or necessarily
following the chronological order of interventions.
9. Mr. Wend Wendland of WIPO was Secretary to IGC 38.
WIPO/GRTKF/IC/38/16
page 3
AGENDA ITEM 1: OPENING OF THE SESSION
10. The IGC Chair, Mr. Ian Goss, opened the session. He thanked the Vice-Chairs, Mr. Jukka
Liedes and Mr. Faizal Chery Sidharta, for their advice and their assistance. They were a team
and discussed regularly. He thanked the Secretariat who worked tirelessly behind the scenes
to ensure the meetings operated efficiently and effectively. He had consulted with Regional
Coordinators (“RCs”) in advance of the session, and he thanked them for their continuing
support and constructive guidance. Over the past 18 months, he had been very appreciative of
their efforts to avoid process debates. He hoped that the IGC could continue in that
constructive atmosphere throughout IGC 38. IGC 38, as previous sessions, was on live
webcast on the WIPO website, which further improved openness and inclusiveness. All
participants were required to comply with the WIPO General Rules of Procedure. The meeting
was to be conducted in a spirit of constructive debate, in which all participants were to take part
with due respect for the order, fairness and decorum that governed the meeting. As the Chair,
he had the right to call any person to order based on the WIPO General Rules of Procedure and
the usual rules of good conduct or whose statements were not specifically relevant to the issues.
Under Agenda Item 2, opening statements of up to three minutes would be allowed by regional
groups, the EU, the Like-Minded Countries (“the LMCs”) and the Indigenous Caucus. Any other
statements could be handed to the Secretariat in writing or sent by email to grtkf@wipo.int.
Those would be reflected in the report as in past sessions. Observer statements and proposals
would be interspersed with Member States’ statements as in the past. Member States and
observers were strongly encouraged to interact with each other informally, as that increased the
chances that Member States would be aware of and perhaps support observers’ proposals. He
acknowledged the importance and value of the indigenous representatives as well as other key
stakeholders, such as representatives of industry and civil society, with whom he intended to
meet during the week. The IGC should reach an agreed decision on each agenda item as it
went along. Each decision would be gaveled at the end of each agenda item. On Friday,
December 14, the decisions as already agreed would be circulated or read out again for formal
confirmation by the IGC. The report of IGC 38 would be prepared after the session and
circulated to all delegations for comments. It would be presented in all six languages for
adoption at IGC 39 in March 2019.
AGENDA ITEM 2: ADOPTION OF THE AGENDA
Decision on Agenda Item 2:
11. The Chair submitted the draft
agenda circulated as
WIPO/GRTKF/IC/38/1 Prov. 3 for
adoption and it was adopted.
12. The Chair opened the floor for opening statements. [Note from the Secretariat: Many
delegations which took the floor for the first time congratulated and thanked the Chair, the Vice-
Chairs and the Secretariat and expressed their gratitude for the preparation of the session and
of the documents.]
13. The Delegation of Indonesia, speaking on behalf of the Asia and the Pacific Group
(“APG”), supported the working methodology and the work program proposed by the Chair. It
conveyed its appreciation for the Information Note prepared by the Chair. It had studied the
Chair’s Information Note, which summarized the work undertaken by the IGC on traditional
knowledge (“TK”) and traditional cultural expressions (“TCEs”) since the text-based negotiations
had begun in 2010. With regards to the draft articles on TK and TCEs, it favored the discussion
on the core issues in order to arrive at common landing zones, namely on the issues of
objectives, beneficiaries, subject matter, scope of protection, and exceptions and limitations.
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