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Paragraph Number: 145
Session: 6 (2007)
Full Text:

The Permanent Forum expresses appreciation to Mr. Michael Dodson for his concept paper on traditional knowledge, and recommends that the paper be widely circulated. The Permanent Forum invites States, United Nations agencies, non-governmental organizations and indigenous peoples and their organizations and academic institutions to submit written comments to the secretariat for consideration at the seventh session of the Permanent Forum. The Permanent Forum welcomes the support and notes that the recommendation in paragraph 24 of the report of the Special Rapporteur states that: “the Permanent Forum should commission a study ... to determine whether there ought to be a shift in the focus on the protection of indigenous traditional knowledge away from intellectual property law to protection via customary law ... The study should consider how indigenous traditional knowledge could be protected at an international level by utilizing customary law, including the extent to which customary law should be reflected, thereby providing guidance to States and, subsequently, protection at national and regional levels”. The Permanent Forum would particularly welcome written submissions addressing the above recommendation. The Permanent Forum re-appoints Mr. Dodson as Special Rapporteur to present a follow-up study on indigenous traditional knowledge, taking into account the written submissions, and to present the report to the seventh session of the Permanent Forum in 2008.

Area of Work: Traditional Knowledge

Addressee: WIPO

Paragraph Number: 10
Session: 18 (2019)
Full Text:

The Permanent Forum recommends that WIPO commission the updating of the technical review of key intellectual property-related issues of the WIPO draft instruments on genetic resources, traditional knowledge and traditional cultural expressions, which was undertaken in 2016 by James Anaya (WIPO/GRTKF/IC/29/INF/10), to reflect current issues, with an emphasis on concepts such as “balancing” and “public domain” and how these might conflict with indigenous peoples’ human rights and customary laws, and the obligation to incorporate and respect human rights in the work of WIPO.

Area of Work: Intellectual Property, Traditional Knowledge