Panel on TK Documentation, Valorisation and Compliance

On 27 February 2013, Gino Cocchiaro (Natural Justice) and Rodney Sibuyi (Kukula Traditional Health Practitioners Association) participated in a panel discussion together with Tom Suchanandan (South African Department of Science and Technology - DST) and Lazarus Kairabeb (Nama Traditional Leaders Association, Namibia). The panel was moderated by Barbara Lassen (ABS Initiative) and dialogue and questions followed brief presentations by panelists. The panel was held as part of the seventh Pan-African Access and Benefit Sharing (ABS) Workshop hosted by South Africa’s Department of Environmental Affairs from 25 February to 1 March 2013 in Phalaborwa, South Africa.

Gino presented on “A Traditional Knowledge Commons.” He began by identifying challenges, how knowledge sharing happened before ‘modernisation’, and suggested potential new models for sharing traditional knowledge. He discussed how knowledge can be seen as a relationship between the ancestors, the group of traditional healers, and individual experiences. He further explained how the use of a biocultural community protocol (BCP) by Kukula helped to create and preserve a pool of knowledge. Mr Sibuyi also emphasised the challenges faced by traditional healers and the positive experience with the BCP.

Mr Suchanandan described the South African National Recordal System, an initiative of the DST which will document, record and store Indigenous Knowledge (IK) for the benefit of the communities of South Africa. It takes into consideration the recording of IK in various multimedia formats and aims to promote and conserve community IK. It proposes both positive and defensive protection of IK. The system also aims to collect grassroots community experiences in local languages. 

Mr Kairabeb shared on his experiences during the recent capacity building workshop on the Nagoya Protocol on ABS, Traditional Knowledge and Nagoya – Kuala Lumpur Supplementary Protocol on Liability and Redress of Bio-safety in India.

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Seventh Pan-African ABS Workshop

Natural Justice’s Lassana Kone and Gino Cocchiaro are attending the seventh Pan-African Access and Benefit Sharing (ABS) Workshop hosted by South Africa’s Department of Environmental Affairs from 25 February to 1 March 2013 in Phalaborwa, South Africa. 

The main objectives of the workshop are to collect reflections and comments on the draft AU Guidelines regarding its use and usefulness, consider the “Traditional Knowledge and Plant Genetic Resources Guidelines” developed by SANBio/NEPAD, reflect on the outcomes of the workshop on traditional knowledge in Bangalore, India, and discuss questions regarding the documentation, valorization and compliance of traditional knowledge. 

The workshop was officially opened on 25 February by the Minister of Water and Environmental Affairs Edna Molewa. She also made a symbolic handover of the second royalty payment to the National Traditional Healer’s Committee. The donors to the ABS Capacity Development Initiative, including the German Embassy, the Danish Ministry of the Environment, the Norwegian Ministry of Foreign Affairs, the Institut de la Francophonie pour le Developpement Durable and the African Union Commission also addressed the assembly. 

In the opening address, Dr Andreas Drews of the ABS Capacity Development Initiative stressed that the expected outcomes of the workshop are to share experiences, reflect and comment on the draft AU Guidelines, and identify the challenges and recommendations for the future work under the ABS Initiative on the linkages between ABS, traditional knowledge and intellectual property rights for effective national implementation of the Nagoya Protocol. There will also be an opportunity to discuss the draft EU regulation for implementing the Nagoya Protocol.

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DRAFT WIPO Toolkit on TK for Comment

While a wide range of tools have been developed to protect Traditional Knowledge (TK) and Traditional Cultural Expressions (TCEs), the focus has primarily been on documentation. With emerging concerns that documentation has potential effects on the rights, cultures and livelihoods of indigenous peoples and local communities, partly through placing TK and TCEs in the ‘public domain’, the World Intellectual Property Organisation (WIPO) has produced a draft Traditional Knowledge Documentation Toolkit to address some of these concerns. WIPO is seeking input on the draft towards a final publication. 

The Toolkit seeks to offer practical guidance on how to undertake a TK documentation exercise as a process and how to address critical intellectual property-related issues and questions as they surface during this effort. The Toolkit primarily focuses on TK but much may also apply to TCEs. The Toolkit does not promote documentation or suggest any one approach to intellectual property management, but rather offers a menu of alternatives to be taken into account in documentation projects and efforts. 

A summary of the consultation draft of the Toolkit can found here, and the Toolkit can be downloaded in English here (drafts in Spanish and French are being prepared). Comments and suggestions should be sent to grtkf@wipo.int.

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