PROTECTING TRADITIONAL KNOWLEDGE: MISAPPROPRIATION, INTELLECTUAL PROPERTY, AND THE FUTURE OF THE IGC

This briefing by the Center for International Environmental Law (CIEL) analyzes draft provisions for the protection of traditional knowledge (TK) and traditional cultural expressions/folklore against misappropriation, specifically within the context of the World Intellectual Property Organization's (WIPO) Intergovernmental Committee (IGC). The document argues that current draft provisions lack sufficient focus on the intellectual property (IP) system, which is where misappropriation primarily occurs. It advocates for a legally binding international instrument and specific IP-related measures—such as disclosure requirements and stricter patentability criteria—to prevent the illegitimate granting of IP rights over TK.

• The revised draft provisions in Document WIPO/GRTKF/IC/8/5 fail to sufficiently focus on preventing misappropriation within the intellectual property system, despite the fact that many illegitimate patents have been granted in relation to traditional knowledge.
• To effectively combat misappropriation, the IGC should implement specific intellectual property-related measures, including the use of TRIPS Agreement flexibilities to exclude plants from patentability, the application of stricter patentability criteria (such as a universal novelty requirement), and the introduction of disclosure requirements for the source and country of origin of traditional knowledge in IP applications.
• While Document WIPO/GRTKF/IC/8/5 recognizes principles of prior informed consent and fair and equitable benefit sharing, it does not establish the concrete measures within the IP system necessary to realize these principles, such as requiring evidence of such consent before an IP right is granted or enforced.
• A legally binding international instrument is the only effective way to address the global phenomenon of misappropriation, as non-binding approaches like guidelines or model provisions would only enhance protection in a limited number of countries and fail to address the role of 'user countries'.
• The document argues that the renewal of the IGC mandate should be conditional on an agreement that IP-related issues regarding genetic resources and traditional knowledge advance in parallel across different fora, including the Council for TRIPS and the Standing Committee on the Law of Patents (SCP).
• The briefing criticizes the 'Casablanca Statement' for exceeding the mandate granted to the WIPO Director General and undermining the WIPO Development Agenda by suggesting that disclosure and genetic resource issues be handled within the IGC rather than the SCP.

APA

Center for International Environmental Law (2005). PROTECTING TRADITIONAL KNOWLEDGE: MISAPPROPRIATION, INTELLECTUAL PROPERTY, AND THE FUTURE OF THE IGC. https://www.ciel.org/wp-content/uploads/2015/03/IGC8SC_CIEL_June2005_FINAL.pdf

Chicago

Center for International Environmental Law. PROTECTING TRADITIONAL KNOWLEDGE: MISAPPROPRIATION, INTELLECTUAL PROPERTY, AND THE FUTURE OF THE IGC. 2005. https://www.ciel.org/wp-content/uploads/2015/03/IGC8SC_CIEL_June2005_FINAL.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=PROTECTING TRADITIONAL KNOWLEDGE: MISAPPROPRIATION, INTELLECTUAL PROPERTY, AND THE FUTURE OF THE IGC |date=June 2005 |url=https://www.ciel.org/wp-content/uploads/2015/03/IGC8SC_CIEL_June2005_FINAL.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2005protecting, author = {{Center for International Environmental Law}}, title = {{PROTECTING TRADITIONAL KNOWLEDGE: MISAPPROPRIATION, INTELLECTUAL PROPERTY, AND THE FUTURE OF THE IGC}}, institution = {Center for International Environmental Law}, year = {2005}, month = jun, url = {https://www.ciel.org/wp-content/uploads/2015/03/IGC8SC_CIEL_June2005_FINAL.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }