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.
The Permanent Forum welcomes the efforts of Member States, United Nations entities and other intergovernmental organizations to implement the Declaration, as reaffirmed in the outcome document of the World Conference on Indigenous Peoples, as well as the recommendations of the Forum, the Special Rapporteur on the rights of indigenous peoples and the Expert Mechanism on the Rights of Indigenous People in various regions, and urges them to take specific measures in this regard.