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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: 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
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
Paragraph Number: 84
Session: 18 (2019)
Full Text:
The Permanent Forum welcomes progress made by the funds, programmes and specialized agencies of the United Nations system in continuing to implement the system-wide action plan on the rights of indigenous peoples and recommends the continuation and expansion of this work by conducting an analysis, led by the Inter-Agency Support Group on Indigenous Peoples’ Issues, of the Forum’s recommendations, with the aim of identifying best practices, gaps and challenges, and by exploring ways to implement outstanding recommendations by 2021.
Area of Work: SWAP
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
Addressee: IASG on Indigenous Peoples' Issues
Paragraph Number: 73
Session: 15 (2016)
Full Text:
The Permanent Forum requests the members of the Inter-Agency Support Group to include in their annual reports to the Forum information on progress made in the implementation of the system-wide action plan.
Area of Work: SWAP
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: 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
