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E wipo/grtkf/IC/15/7 Original: English date: May 14, 2010 Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore Fifteenth Session Geneva, December 7 to 11, 2009 report


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ITEM 11: ANY OTHER BUSINESS

  1. The Delegation of Australia recorded its disappointment that the Committee had not reached a position on item 10, and agreed with the Delegation of the USA that progress had been made, in view of the discussions on text, suggesting increased trust. In the interest of building on trust and showing good faith, maintaining the tempo of the work of the Committee and increasing a shared understanding of the issues and policy approaches of Member States, the Government of Australia was considering a regional workshop in the first half of 2010, to provide a formal opportunity to meet and share knowledge and build genuine momentum in relation to the work of the Committee. The Delegation stated that it would keep Member States and the Secretariat informed regarding its proposal.



  1. The Delegation of South Africa confirmed that the Committee had failed to reach an agreement on item 10.



  1. The representative of the Tulalip Tribes of Washington stated that his organization and the Saami Council believed that the Indigenous Panel had been a useful way for parties to be exposed to the experiences, concerns and recommendations of the indigenous organizations. However, he noted that the panel had been increasingly less attended by Member States over the years and proposed that the members of the Committee support the Secretariat to work with the accredited indigenous observers to improve the format of the indigenous panel in order to address the new phase of text based negotiations. He suggested that the form of the panel needed to be changed and reorganized to focus directly on the issues being dealt with by the Committee rather than regional presentations of experiences.



  1. The representative of the Indigenous Peoples Council on Biocolonialism (IPCB), speaking on behalf of her organization, of the Brazilian Indigenous Institute of Intellectual Property (InBraPi) and of the Indian Council of South America (CISA), thanked the Chair for the inclusive manner in which he had led the discussions of the Committee. Commenting on the future intersessional working groups, she stated that indigenous peoples should be strongly represented, with the right to speak for themselves, to select their own representatives and to have regionally balanced representation. The rules of procedure in the Committee and the intersessional working groups should be applied in a flexible manner so as to give them the freedom to comment on, submit text, and engage in any negotiations that affect them. She also urged the Secretariat to explore modifications to the Voluntary Fund or the creation of alternative funding mechanisms to support indigenous participation in the intersessional working groups for consideration at the next IGC. She further stated that the Indigenous Panel could play a vital role in illuminating the views of indigenous peoples in relation to the topics addressed in the Committee. The panelists should be free to represent the wide range of views and experience topics related to Indigenous peoples.



  1. The Delegation of Switzerland invited the Secretariat to reflect on the necessary changes that would have to be introduced into the rules of the Voluntary Fund to ensure that the Advisory Board would be able to adopt its recommendations, in an efficient and transparent manner, with regard also to the funding of the participation of representatives of accredited observers representing indigenous and local communities in intersessional working group sessions.



  1. The representative of CISA stated that it was critical that the intersessional working group recognized the status and mode of participation of indigenous peoples. He proposed to keep the broadest level of participation of indigenous experts and representatives so that their interests were not only reflected in an international treaty, but that their rights be fully applied and respected in the deliberations in creating the treaty.



  1. The Delegation of Brazil, to echo the statement made by the Delegation of Switzerland, stressed the need to look at the Voluntary Fund regulations to ensure the funding of the participation of indigenous and local communities during the intersessional working groups.



AGENDA ITEM 12: CLOSING OF THE SESSION



Decision on Agenda Item 12:

  1. The Committee adopted its decisions on agenda items 2, 3, 4, 6, 7, 8, 9 and 10 on December 11, 2009. It agreed that a draft written report, containing the agreed text of these decisions and all interventions made to the Committee, would be prepared and circulated. Committee participants would be invited to submit written corrections to their interventions as included in the draft report before a final version of the draft report would then be circulated to Committee participants for adoption at the next session of the Committee.

295. The Chair thanked all those present for their active participation and commitment. He stated that all had made considerable efforts and certainly no time had been lost. He particularly thanked the Secretariat for its constant support and enormous dedication. He thanked the interpreters for their efforts and work. He stressed that the debate had been productive, the delegations had had the opportunity to express themselves and progress had largely been made towards what would surely one day become a reality. The Chair noted that such projects were lengthy and took time to mature in a multilateral environment, which could be felt in all organizations and also at WIPO. He recalled the words of Victor Hugo, a well-known opponent of injustices and against bad things in his society, who said that “no one is able to oppose an idea whose time has come”. The Chair stated that the time would come when all the ideas and proposals would come together and decisions, surely different from those today, would be taken.

296. The Chair closed the meeting.

[Annex follows]

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