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Traditional Knowledge Bulletin

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Meeting prep: WIPO IGC-20

Posted: 08 Feb 2012 02:05 AM PST

Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) of the World Intellectual Property Organization (WIPO): Twentieth Session
14-22 February 2012 (Geneva, Switzerland)

This session will continue negotiations for an international instrument/instruments, with focus on intellectual property and genetic resources. According to a report by IGC Chair Philip Richard Owade, key pending issues include:

§ the "defensive protection" of genetic resources and associated traditional knowledge, referring to avoiding the granting of erroneous patents and the possible disqualification of patent applications that do not comply with obligations related to prior informed consent, mutually agreed terms, fair and equitable benefit-sharing, and disclosure of origin; and

§ how could the IP system support the implementation of access and benefit-sharing (ABS) obligations under the Convention on Biological Diversity (CBD), including a possible disclosure requirement.

The meeting will also discuss a draft study on participation of observers in the IGC work, drafted by the WIPO Secretariat, which addresses several issues of relevance to the participation of indigenous peoples and local communities in the work of the IGC. The theme of the indigenous panel, to be held on 14 February 2012, is "Intellectual Property, Genetic Resources and Associated Traditional Knowledge: Community Perspectives on Access and Benefit-Sharing". Visit the meeting's website, including links to documents …


Resource: ICTSD paper on IP and genetic resources in WIPO IGC

Posted: 08 Feb 2012 02:03 AM PST

Bridging the gap on intellectual property and genetic resources in WIPO's Intergovernmental Committee (IGC)
David Vivas-Eugui
ICTSD Issue Paper 34, January 2012

In the past two years, WIPO's IGC has witnessed an acceleration of its work in particular on traditional knowledge and traditional cultural expressions. However, the gap in positions on genetic resources remains significant. Against this background, this issue paper examines at length the range of measures and options discussed in the IGC especially biodiversity disclosure requirements and databases. It also considers the binding or non-binding nature of the instrument(s) that might emerge from the IGC and their different implications. In connection to all these aspects, the paper makes recommendations regarding processes, substance and existing research gaps that could contribute towards advancing the IGC's deliberations. In this regard, the study emphasizes that a binding instrument is the surest way to see biodiversity-related measures in the IP system implemented by user countries, taking into consideration the need that the solutions it provides have an effect in practice. It further points out that soft law solutions should not be ruled out, provided they address issues in an effective manner. Furthermore, it underlines the important fact that WIPO deliberations on disclosure requirements should be seen as complementary to WTO outcomes which could be enforced more effectively through the WTO's dispute settlement system. Finally, the author highlights that an international instrument comprising disclosure requirements, databases and model clauses for genetic resources protection is not a substitute for an effective ABS mechanism at the national level. Besides proactive attention by competent authorities, direct notification of companies using genetic resources or associated TK, engagement in post-access negotiations, utilisation of certificates, compliance and exploration of litigation options within and outside the national jurisdiction, can also effectively contribute to curb potential biopiracy cases. The publication will be presented at a side-event organized during WIPO IGC-20. Access the resource …


Meeting review: UNU-IAS symposium on ecosystem services from Satoyama, Satochi and Satoumi landscapes

Posted: 08 Feb 2012 02:00 AM PST

Ecosystem Services from Satoyama, Satochi, and Satoumi Landscapes: Strategies for a Nature-Harmonious Society
30 January 2012 (UNU Headquarters, Tokyo, Japan)

The objectives of this symposium were to present the findings of a three-year research project on "Ecosystem Services Assessment of Satoyama, Satochi, and Satoumi to Identify a New Commons for a Nature-Harmonious Society," supported by the Ministry of Environment of Japan, and undertaken since 2009. This research is intended to assess the ecosystem services derived from satoyama, satochi, and satoumi landscapes (socio-ecological production landscapes in Japan) and to propose modalities in managing biodiversity and ecosystem services as a new commons to finally provide policy options for realizing a nature-harmonious society. The symposium further provided the opportunity to discuss modalities in which the ecosystem services from those landscapes can be used and managed on a sustainable basis under today's globalized and changing world. In addition to the key research findings, international perspectives and insights on ecosystem services from the Japanese landscapes were presented. Participants also addressed the implications of the recent disaster in Japan and its impacts on the ecosystem services, to explore policy options for a nature-harmonious society. Further information … View the webcast …


This week in review … Articles on Satoyama

Posted: 08 Feb 2012 01:57 AM PST

From mountain to sea: A vision for the rebuilding of Tohoku
Anne McDonald and Brendan Barrett
OurWorld 2.0, 3 February 2012

KANAZAWA, JAPAN: In this article and related video, UNU's Anne McDonald and Brendan Barrett share the story of Shigeatsu Hatakeyama, an oyster farmer from Kesennuma, a story which shows the importance of our connection to nature, exemplifies the notion of resilience, and shows how the Tohoku region would be best served by tapping into the rich wisdom and traditions in the region about the value of conserving biodiversity and the environment. It is through satoyama (sustainable management of the rural land use) and satoumi (management of the coastal areas) that much of the traditional knowledge about how to maintain biodiversity in an agricultural and marine context has been passed down through generations. Rebuilding the local communities and economy will, of course, be the priorities. However, efforts to reconstruct the region will only truly be successful if they build upon the traditional knowledge of those communities, rather than discard it. Read the article …

Collaborating for Landscapes
Kazuhiko Takemoto
Landscapes for People, Food and Nature blog, 31 January 2012

YOKOHAMA, JAPAN: In this article, UNU-IAS' Kazuhiko Takemoto presents the International Partnership for the Satoyama Initiative (IPSI), including the Initiative's background and future challenges. He notes that the challenges currently facing the world's socio-ecological productive landscapes are considerable, and it is unlikely that a single one-size-fits-all solution can be found. The global collaboration and sharing of lessons learned facilitated by IPSI has the potential to make a substantial contribution to maintaining and revitalizing satoyama around the world and ensuring that the same ecosystem services enjoyed by people today will be available to future generations. Read the article …


This week in review … Online discussion forum for ILCs focuses on impacts of geoengineering

Posted: 08 Feb 2012 01:54 AM PST

Geoengineering the climate? What benefits? What impacts?
Climate Frontlines, 1 February 2012

MONTREAL, CANADA: The Secretariat of the Convention on Biological Diversity (CBD) has launched an online discussion forum on the possible impacts of geo-engineering techniques on biodiversity, and associated social, economic and cultural considerations for indigenous and local communities. The forum will be held from 2 February-2 March 2012, through the Climate Frontlines Online Forum, an electronic participation tool developed by UNESCO in partnership with the CBD Secretariat, the Secretariat of the UN Permanent Forum on Indigenous Issues (UNPFII) and the Office of the High Commissioner for Human Rights (OHCHR). The Climate Frontlines Online Forum seeks to draw attention to community-level observation of climate change, and strengthen the voices of vulnerable communities in global climate change debates. Download the CBD notification [pdf] … Visit the Climate Frontlines node on geoengineering …


Resource: Publication on legal pluralism and the rights of indigenous peoples in Southeast Asia

Posted: 08 Feb 2012 01:51 AM PST

Diverse Paths to Justice: Legal pluralism and the rights of indigenous peoples in Southeast Asia
Marcus Colchester and Sophie Chao (Eds) with Ramy Bulan, Jennifer Corpuz, Amity Doolittle, Devasish Roy, Myrna Safitri, Gam Shimray and Prasert Trakansuphakon
Asia Indigenous Peoples Pact, Forest Peoples Programme, RECOFTC – The Center for People and Forests and Rights and Resources Initiative, November 2011

This book addresses a series of legal and policy issues related to customary laws of indigenous peoples in Southeast Asiaand the degree of their legal recognition at the national level. As the volume reveals, tens of millions of people living in the forests of Southeast Asia regulate their daily affairs and control and manage their lands and forests, in accordance with customary laws which are both ancient in their origins and yet vital and flexible in their present day application. International human rights treaties now affirm the rights of indigenous peoples and recognize their rights to own and control the lands, territories and natural resources that they have traditional owned, occupied or otherwise used. Customary law thus has both local and international validity, raising the question of how it is best accommodated by national law. In fact, the book shows, most Southeast Asian countries already have plural legal systems and to some extent custom is recognized as a source of rights in the constitutions and laws of a number of them. National and international courts have affirmed indigenous peoples' customary rights on land; and all countries have ratified key international laws and treaties. Thus, the basis for securing indigenous peoples' rights through a revalidation of customary law exists. Download the book [pdf] …


This week in review … Article on climate change and traditional weather forecasters

Posted: 08 Feb 2012 01:49 AM PST

Kenyan drought puts traditional weather forecasters on the defensive
Alertnet, 3 February 2012

MARSABIT, KENYA: Nomadic communities living off the dry terrain of northern Kenyahave relied for generations on the powers of village elders to predict the weather. But the divinations of traditional forecasters were confounded by an unexpectedly severe drought in 2011, threatening herders' livelihoods. Now pastoralists and meteorological experts are trying to find better ways to cope with regional weather that is increasingly difficult to anticipate – a situation some believe is linked to climate change. Herders in Marsabit district use traditional weather forecasting systems linked to the seasons and the calendar. These include phenology (the study of plant and animal life cycles), animal behaviours, astrology, studying animal entrails and divining. Read the article …


Announcement: PhD stipend on cross-cultural co-creation of indigenous knowledge management systems

Posted: 08 Feb 2012 01:46 AM PST

PhD Stipend – Cross-cultural Co-creation of Indigenous Knowledge Management Systems
Aalborg University, Faculty of Engineering and Science, Department of Architecture, Design and Media Technology

Aalborg University in Denmark is announcing this position in close collaboration with the Polytechnic of Namibia. The position is available within the general study programme on computer science and engineering, and focuses on investigating graphical visualizations as a communicative tool between designers of knowledge management systems and indigenous knowledge holders. In close collaboration with rural user groups in Namibia, the research will aim to bridge the lack of cultural understanding in order to develop community-centered systems for collecting and organizing indigenous knowledge. Applications can only be submitted online, by 17 February 2012. Further information …


 

 

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