E wo/pbc/23/3 original: english date: june 4, 2015 Program and Budget Committee Twenty-Third Session Geneva, July 13 to 17, 2015


PROGRAM 4: TRADITIONAL KNOWLEDGE, TRADITIONAL CULTURAL EXPRESSIONS AND GENETIC RESOURCES



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PROGRAM 4: TRADITIONAL KNOWLEDGE, TRADITIONAL CULTURAL EXPRESSIONS AND GENETIC RESOURCES

PLANNING CONTEXT





  1. This Program aims at enabling the more effective use of existing and emerging IP principles, systems and tools for the protection of traditional knowledge (TK) and traditional cultural expressions (TCEs) against misappropriation and misuse, and for addressing the IP issues related to genetic resources (GRs), including those that arise in the course of access to and equitable benefit-sharing in GRs.




  1. Against this backdrop, Program 4 facilitates meetings of Member States on normative activities on IP, TK, TCEs and GRs. The international negotiations on the text(s) of an international legal instrument(s) that will ensure the effective protection of TK, TCEs and GRs have been taking place within the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (the IGC). The General Assembly will be invited to decide upon the renewal of the IGC’s mandate and its terms.




  1. Practical assistance in the form of specialized awareness raising, capacity building, training, and legal, technical assistance will continue to be provided to Member States, regional organizations, indigenous peoples and local communities and other stakeholders. The Program makes available a wide range of practical tools, training courses, publications and other information resources.




  1. The normative and practical pillars of the Program are inter-related and complementary.

IMPLEMENTATION STRATEGIES




  1. As a Member State-driven process, progress towards international outcomes is largely dependent on decisions by Member States. The results of the Program should, therefore, include, first, an environment conducive to focused normative activities, as may be decided upon by the General Assembly, which could lead to shared understandings, a convergence of views and, ultimately, decisions by Member States.




  1. A second result relates to greater awareness among States, indigenous peoples and local communities (including women), and other stakeholders of how the relationship between IP and TK, TCEs and GRs is integral to national development strategies and innovation, cultural and other policies, and more specifically, to greater capacity in line with the DA, to use IP principles, systems and tools for the effective protection of TK and TCEs and for managing the interface between IP and GRs, for economic, social and cultural development.




  1. In order to achieve its expected results, the Program will seek to implement the following three inter-related and complementary strategies:




    • providing professional and neutral logistical, technical and substantive support for meetings and conferences on normative activities as decided upon by the General Assembly; administrative support for initiatives aimed at enhancing the effective participation of representatives of indigenous peoples and local communities in WIPO’s work, including logistical management of the WIPO Voluntary Fund for Accredited Indigenous and Local Communities; and, close coordination and cooperation with other intergovernmental organizations and fora, as appropriate;




    • developing and making available a streamlined and integrated suite of relevant and practical resources, programs, courses and tools for effective and useful capacity building and legal technical assistance, in line with national development strategies and policies, and, where possible, in cooperation with relevant intergovernmental and other organizations; and




    • advising on the IP aspects and implications of databases, inventories, registers and other such platforms, as well as institutions, authorities and agencies, which could complement and support implementation of legal and policy frameworks that States, regional organizations and communities may decide to establish.




  1. DA Recommendation 18 refers explicitly to the IGC. The norm-setting activities in the IGC are Member State-led, participatory and based upon open and balanced consultations (Recommendations 15, 21 and 42), take into account the public domain (Recommendations 16 and 20) and flexibilities in international IP agreements (Recommendations 12, 14 and 17), and are supportive of the UN’s development goals (Recommendation 22). This Program therefore contributes directly and explicitly to development and to the attainment of other DA Recommendations, notably ensuring development-oriented and demand-driven technical assistance (Recommendations 1 and 12), assisting regional groupings to develop and/or implement regional policies and frameworks (Recommendations 10, 11, 13 and 14), providing legislative and policy information on national legislation to Member States (Recommendations 11, 13 and 14), raising awareness on TK, TCE and GR-related IP issues (Recommendation 3), and cooperating on IP-related issues with UN agencies (Recommendation 40).




  1. The Expected Results of Program 4 will also be achieved through cooperation and coordination, where relevant, with other WIPO Programs as illustrated below

MAJOR RISKS AND MITIGATION STATEGIES





Risk

Mitigation

Member States unable to implement the mandate for normative activities as decided upon by the General Assembly.

The Secretariat is committed to facilitate and create a conducive environment for the normative activities, for example, through providing clear and objective information about the issues being discussed and providing an efficient and neutral Secretariat service.

Loss of relevance of normative activities on these issues at WIPO if Member States de-prioritize TK, TCEs and GRs as IP issues and/or believe other fora are more likely to deliver desirable outcomes.

The Secretariat raises awareness of the importance for IP policy of TK, TCEs and GRs issues.  The Secretariat follows the negotiations in other fora closely, in order to be able to provide neutral information about the issues to Member States in those other fora, and coordinates with other Secretariats to try to avoid duplication of efforts among Secretariats which can cause confusion among the Member States.

RESULTS FRAMEWORK




Expected Results

Performance Indicators

Baselines

Targets

I.1 Enhanced cooperation among Member States on development of balanced international normative frameworks for IP


Progress towards implementation of normative activities on IP and GRs, TK and TCEs as agreed by Member States


Current stage of negotiations among Member States on IP and GRs, TK and TCEs, as reflected in documents WIPO/GRTKF/IC/28/4, WIPO/GRTKF/IC/28/5 and WIPO/GRTKF/IC/28/6, respectively



Agreed outcomes of normative activities.



III.2 Enhanced human resource capacities able to deal with the broad range of requirements for the effective use of IP for development in developing countries, LDCs and countries with economies in transition

% of participants in WIPO activities who report enhanced capacity to understand and use IP principles, systems and tools for the protection of TK and TCEs and for addressing the interface between IP and GRs.

91% (163 out of 179) participants reported positively (feedback questionnaire used in nine activities organized by the TK Division in 2014)

80%

RESOURCES FOR PROGRAM 4




  1. The overall resources for Program 4 in 2016/17 show a slight decrease compared to the 2014/15 Budget after Transfers. This is due to the change in the costing methodology for personnel resources in 2016/17 based on actuals.




  1. The decrease in non-personnel resources in 2016/17 compared to the 2014/15 Budget after Transfers is due to budgetary provision for a possible diplomatic conference in 2016/17 now reflected under “Unallocated”.



Program 4: Resources by Result

(In thousands of Swiss francs)

Program 4: Resources by Object of Expenditure

(In thousands of Swiss francs)





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