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Addressee: Member States
Paragraph Number: 62
Session: 21 (2022)
Full Text:
The Permanent Forum expresses concern over the misappropriation and misuse of indigenous peoples’ cultural heritage, traditional knowledge and traditional cultural expressions, and urges States and companies, in cooperation with indigenous peoples, to take effective measures to recognize and protect their rights, in accordance with article 31 of the United Nations Declaration on the Rights of Indigenous Peoples. In this regard, the Permanent Forum calls upon Member States to take measures to safeguard indigenous peoples’ rights to intellectual property by adopting laws and public policies, in which it is recognized that indigenous peoples have the right over their creations, knowledge, discoveries, works, traditional cultural expressions and other elements.
Area of Work: Economic and Social Development, Intellectual property
Addressee: Indigenous elders
Paragraph Number: 139
Session: 18 (2019)
Full Text:
The Permanent Forum recognizes the role of indigenous elders in advancing the rights of indigenous peoples at all levels. The Forum invites indigenous elders from all regions to establish an advisory council of elders to assist the Forum and participating delegations, as requested.
Area of Work: Institutional Participatory Mechanisms
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
Paragraph Number: 131
Session: 18 (2019)
Full Text:
The Permanent Forum expresses concern that indigenous peoples’ participation is insufficient and traditional knowledge not respected in the intergovernmental conference on an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. The Forum invites the conference organizers to ensure the participation of indigenous peoples through the establishment of an indigenous peoples’ advisory committee, in its third session, in August 2019, and fourth session, in the first half of 2020.
Area of Work: Institutional Participatory Mechanisms
Paragraph Number: 9
Session: 18 (2019)
Full Text:
Regarding the negotiations taking place at the sessions of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization (WIPO), the Permanent Forum reiterates the urgent need to develop an instrument that responds to the current lack of adequate protection of traditional knowledge and recognizes indigenous peoples as equal stakeholders and the legitimate holders of their knowledge. The Forum calls upon the Intergovernmental Committee to fast-track the negotiations and to use its core budget to fund indigenous peoples’ participation in the deliberations.
Area of Work: Intellectual Property, Traditional Knowledge
Addressee: WB
Paragraph Number: 63
Session: 18 (2019)
Full Text:
The Permanent Forum acknowledges the establishment by the World Bank of an inclusive forum for indigenous peoples to strengthen the Bank’s engagement with indigenous peoples, which should assist the Bank in implementing a human rights-based approach to development. The Forum also calls upon the Bank, in collaboration with indigenous peoples, to develop detailed guidance on the proper implementation, review and monitoring of processes on free, prior and informed consent and to ensure that its projects protect and enhance customary land tenure systems in the implementation of Environmental and Social Standard 7 and the Environmental and Social Framework approved by the World Bank in 2016.
Area of Work: Institutional Participatory Mechanisms
Addressee: WIPO, UNESCO, CBD Secretariat, UN entities
Paragraph Number: 66
Session: 21 (2022)
Full Text:
The Permanent Forum urges the World Intellectual Property Organization, UNESCO, the secretariat of the Convention on Biological Diversity and other relevant United Nations entities to align their internal policies, within their respective mandates, so as to recognize and protect the collective intellectual property rights of indigenous peoples in respect of their creations, discoveries, traditional knowledge and knowledge of biodiversity. The Permanent Forum invites the above-mentioned United Nations entities to report back to future sessions on the progress made in that regard.
Area of Work: Intellectual Property
Paragraph Number: 11
Session: 18 (2019)
Full Text:
The Permanent Forum also recommends that WIPO organize a second indigenous expert workshop on intellectual property and genetic resources, traditional knowledge and traditional cultural expressions before 2021
Area of Work: Capacity Building, Intellectual property
Addressee: UN resident coordinators and country teams
Paragraph Number: 28
Session: 18 (2019)
Full Text:
Building on the recommendation contained in paragraph 16 of its report on its sixteenth session (E/2017/43-E/C.19/2017/11), the Permanent Forum strongly encourages United Nations resident coordinators and country teams to ensure the full and effective participation of indigenous peoples, including indigenous women and young people, in the preparation of the United Nations Development Assistance Framework and country programme action plans.
Area of Work: Institutional Participatory Mechanisms
Addressee: Guatemala
Paragraph Number: 63
Session: 21 (2022)
Full Text:
The Permanent Forum notes that the Constitutional Court of Guatemala issued ruling No. 2112-2016 of 24 October 2017 on indigenous peoples’ intellectual collective property. The Permanent Forum urges Guatemala to comply with the ruling and to adopt laws and policies, respecting the free, prior and informed consent of indigenous peoples.
Area of Work: Economic and Social Development, Intellectual property
Addressee: WIPO
Paragraph Number: 11
Full Text:
The Permanent Forum also recommends that WIPO organize a second indigenous expert workshop on intellectual property and genetic resources, traditional knowledge and traditional cultural expressions before 2021
Area of Work: Capacity Building, Intellectual property
