APEC Project Database

Project Title

Raising Awareness and Providing Policy Insights on Promoting Appropriate Access and Protection of Genetic Resources and Traditional Knowledge in APEC Economies

Project Year

2008

Project Number

CTI 23 2008T

Project Session

Not Applicable

Project Type

Standard

Project Status

Completed Project

Project No.

CTI 23 2008T

Project Title

Raising Awareness and Providing Policy Insights on Promoting Appropriate Access and Protection of Genetic Resources and Traditional Knowledge in APEC Economies

Project Status

Completed Project

Fund Account

TILF Special Account

Sub-fund

None

Project Year

2008

Project Session

Not Applicable

APEC Funding

57,916

Co-funding Amount

19,300

Total Project Value

77,216

Sponsoring Forum

Intellectual Property Rights Experts Group (IPEG)

Topics

Intellectual Property

Committee

Committee on Trade and Investment (CTI)

Other Fora Involved

Not Applicable / Other

Other Non-APEC Stakeholders Involved

Not Applicable

Proposing Economy(ies)

Peru

Co-Sponsoring Economies

China; Thailand

Expected Start Date

01/01/2008

Expected Completion Date

31/12/2009

Project Proponent Name 1

Sergio Rodriguez

Job Title 1

Deputy Head

Organization 1

Office of Inventions and New Technologies

Telephone 1

(51 1) 224-7800 ext. 1380

Email 1

srodriguez@indecopi.gob.pe

Project Proponent Name 2

Néstor Escobedo

Job Title 2

Head

Organization 2

Office of Inventions and New Technologies

Telephone 2

Not Applicable

Email 2

nescobedo@indecopi.gob.pe

Declaration

Not Applicable

Project Summary

The purpose of this project is to hold a seminar aiming to raise awareness and to provide policy insights on promoting appropriate access and protection of genetic resources and traditional knowledge in APEC Economies. This proposal also includes a brief and easy to fill survey.

The survey is to be completed by APEC economies so as to collect information regarding the institutional and legal frameworks that support access to genetic resources and protection of traditional knowledge in the region. This information will be one of the sources for the exchange of views during the seminar and will be useful as a basis to shape future in this area within the APEC region.

The seminar will include discussions on existing institutional and legal frameworks designed to regulate appropriate access and protection of genetic resources and traditional knowledge, seeking to share experiences and different points of view among APEC economies,; In addition, discussions dealing with current international debate on these issues will be encouraged. Furthermore, the purpose is to provide policy insights on this topic and to promote further debate, which could result in including issues related to promoting appropriate access and protection of genetic resources and traditional knowledge in the IPEG agenda.

The survey will be conducted during the first semester of 2008, and the seminar will take place in Peru in the margins of SOM3 2008 (September).

Relevance

The Osaka Action Agenda (1995/2002), which intends to implement the Bogor Declaration (1994), states in Part I, Section C: Actions in Specific Areas, numeral 7: Intellectual Property Rights, that “APEC economies will ensure adequate and effective protection, including legislation, administration and enforcement, of intellectual property rights in the Asia Pacific region”, also “APEC economies will promote dialogue on emerging intellectual property policy issues, with a view to further improve intellectual property rights protection and use of the intellectual property rights systems for the social and economic benefit of members”. Furthermore, the same document declares, in its Action Program for Industrial Science and Technology, that “APEC economies will establish guidelines on pre-competitive industrial, science and technology which set out common procedures for project identification, cost allocation, protection of intellectual property rights and other aspects” and that “collaborative activities should ensure that any intellectual property rights are protected and that the results and commercial benefits are allocated fairly”.

In addition, at the Ministers Responsible for Trade - MRT meeting held in Ho Chi Minh City, Viet Nam in June 2006, the Ministers “recognized that trade of counterfeit and pirated goods is a serious threat to business and could hamper investment, innovation and economic development in the region, and that APEC should continue to play a meaningful role to help members put into place appropriate legal regimes and enforcement systems for intellectual property rights protection”.

In the 18^th APEC Ministerial meeting held in Ha Noi, Viet Nam, Ministers affirmed on strengthening Intellectual Property Rights Protection and Enforcement issues “that effective protection and enforcement of Intellectual Property Rights (IPR) are key components to building knowledge-based economies and are important for promoting economic growth by expanding investment opportunities, spurring innovation and facilitating the growth of creative industries, including small businesses”.

In the Hanoi Declaration of the 14^th APEC Economies Leaders’ Meeting 2006, the Leaders of APEC “welcomed and endorsed the Hanoi Action Plan to implement Busan Roadmap towards the Bogor Goals, which is comprised of specific measures, schedules and capacity building activities”, and “emphasized the importance of measures aimed at reducing business transaction costs and building a more secure and favorable business transaction environment”. In this document, leaders also “recognized the need for continued efforts to increase capacity building to assist economies of different levels of development to strengthen IPR protection and enforcement”.

Objectives

There are two key objectives to this project:

· To raise awareness and to provide policy insights on promoting appropriate access and protection of genetic resources and traditional knowledge, by presenting APEC economies` experiences and the status of current international debates in issues associated with promoting appropriate access and protection of genetic resources and traditional knowledge.

· To promote debate and discussions among APEC economies, which could result in including policy insights on appropriate access and protection of genetic resources and traditional knowledge in the IPEG agenda.

Alignment

Beneficiaries and Outputs

Direct beneficiaries are APEC economies’ government and their private sector representatives, if any, who will be more informed and will be in a position to make better contributions to define adequate models and guidelines to promote appropriate access and protection of genetic resources and traditional knowledge.

Subsequent effects of the project will be the following:

· The project would provide information regarding appropriate access and protection of genetic resources and traditional knowledge that may benefit both the private sector and the holders of traditional knowledge, which could be used by the private sector to accelerate research and development processes based on genetic resources and/or traditional knowledge.

APEC economies’ governments will also benefit by sharing insights on policy matters and experiences related to promoting appropriate access and protection of genetic resources and traditional knowledge. For example, economies that do not have an institutional and legal framework that protects traditional knowledge, but are interested on having one, could benefit from sharing with those economies that do. Similarly, economies that are owners of genetic resources and traditional knowledge and those economies that are users of these resources could benefit from this exchange.

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Survey results will be gathered to allow for a compilation of the responses of APEC Member economies on the current status of level of awareness of appropriate access and protection of genetic resources and protection of traditional knowledge. Presentations and papers provided by speakers and lecturers, as well as survey results will be available to public access through relevant governmental internet homepages if final approval is granted for public distribution by IPEG economies. Additionally, a CD including all this material will be provided to participants in the seminar. Relevant information could be disseminated to a broader range of officials and other parties interested in promoting recognition of the topic’s importance, again if approved and deemed appropriate by IPEG.

-----------------------------

The planning of the project will be conducted by Peru’s National Institute for the Defense of Competition and the Protection of Intellectual Property, INDECOPI, which is the institution in charge of promoting and registering traditional knowledge of indigenous people in the member economy, in close consultation with Ministry of Foreign Trade and Tourism, MINCETUR and the Ministry of Foreign Affairs. IPEG Members will be consulted regularly, as well as our Project Co-sponsors, so the project may benefit from their experience and initiatives and to ensure timely approval by the IPEG for each step of the process.

The survey will be prepared by INDECOPI, and circulated among APEC economies for their comments. The survey resulting from this process will be validated by IPEG representatives before it is distributed for completion. It is expected that member economies will participate in the design of the survey before it is submitted for APEC approval to ensure timely validation of the survey. The final survey results will be a compilation of the APEC economy responses.

Implementation of this project involves close consultation with many member economies and government agencies concerned with these topics, which will provide the information required to complete the survey that will be presented in the seminar. When completing the survey, it is expected that in every APEC economy all the government instances involved in the access to genetic resources, protection of traditional knowledge, patents and/or intellectual property rights (including Patent Offices, Ministries, etc.) will participate.

In particular, the following stakeholders will be consulted and invited for participation in the Seminar through relevant presentations:

APEC economies :

To be determined within IPEG. In principle, all APEC economies interested in these topics are invited to participate in the seminar.

International Organizations:

- WIPO: World Intellectual Property Organization

- WTO: World Trade Organization

Indigenous representatives

- To be determined

Evaluation of the project will include a quick questionnaire relating to the quality of the presentations to be completed by Seminar participants. Also, a factual report, drafted in consultation with APEC Member economies, would be presented to the IPEG for its approval, after the implementation of the project to present the results of the Seminar, including any potential recommendations for further initiatives in matters related to promoting appropriate access and protection of Traditional Knowledge and Genetic Resources within APEC.

Dissemination

a. the nature of the target audience;

APEC member officials, relevant government officials

b. the form and content;

Survey results, papers, presentations and multimedia material, as well as the proposed Seminar itself

c. format (e.g. hard copies, floppy discs, internet uploading);

CD-ROM and internet uploading

d. number of copies for the publication;

200 CD-ROM’s

e. a publicity plan for:

i) briefing the general or specialist media about key components of the project;

Press may be informed of discussions taking place by APEC – IPEG economies

ii) the promotion of sales or other dissemination of the final product;

No distribution of material will take place unless IPEG has agreed that distribution is appropriate and beneficial.

f. A budget for publication and dissemination, to form part of the itemized budget.

Publication costs are foreseen in the itemized budget.

Items

No. of Units

Unit Rate

APEC Funding (USD)

Self Financing (USD)

Other items

Publication of report (including distribution)

200 CDs

3

600

Equipment / Materials

80 name tags

2

160

Photocopying

4,000 approximately

0.10

400

Total

760

400

Gender

It is recognized that women have a fundamental role in generating, preserving and transmitting traditional knowledge among indigenous generations. However, the nature of this role can vary from one native community to another and it will depend on the particularities of the community. Since women and men have well differentiated labors in the generation and preservation of customs and knowledge in native communities, this issue will be certainly considered into the development and implementation of the project, in particular, in the survey design and analysis. This will help to address gender implications, recognizing women’s labor and consequently, benefiting them.

In addition, since the main objective of this project is concerned with sharing information and exchanging the views about promoting appropriate access and protection of genetic resources and traditional knowledge, both male and female officials will be equally involved in the planning and implementation of the project. Furthermore, it is guaranteed that female experts will be invited to present speeches, considering that more recognized Peruvian experts in the topic are women. Finally, Peru will make every effort possible to encourage female attendance to the seminar as participants

-----------------------------

The ultimate goal of the project is to promote appropriate access and protection of genetic resources and traditional knowledge, which is intended to provide benefits to the whole indigenous population, as a unique social unit. Benefits for indigenous people can include funds for communal infrastructure, school education, infant nutrition, health or social welfare, which will certainly benefit women.

Also, as mentioned before, gender issues will be considered in the development and implementation of the project in order to address, emphasize and recognize gender differences in the generation and preservation of customs and knowledge in APEC economies’ native communities.

Work Plan

DATE

STEPS

OUTPUT

RISK

RISK MANAGEMENT

October 2007- January 2008

Preparation of the survey

Draft Survey

Delay in preparing the draft survey.

Draft of the survey will be prepared with enough anticipation.

October 2007- January 2008

Circulation of survey for comments from APEC member economies

Final Survey

Delay in receiving and in incorporating comments from APEC economies.

Proposed survey will be submitted to IPEG with enough anticipation. A deadline will be given to economies for submitting their comments.

February 2008

Validation and Distribution of the survey during the 26^th APEC IPEG meeting in Peru.

Approved Survey

Survey is not approved.

Comments on the survey from members will be taken into consideration before it is submitted for approval by IPEG members.

The survey will collect objective data from governmental authorities.

March 2008

Distribution of the survey to all APEC members via e-mail

Not applicable

Electronic addresses not functioning properly

Alternative e-mails and contact points will be requested to send the survey.

May 2008

Collection of the surveys

Surveys filled out by all APEC economies

Some economies may regard the survey as too long or cumbersome

Major delays or failures in delivering the surveys from the economies

The design of the survey will be very simple and will require easily available information.

Close coordination with IPEG representatives and/or to continue with the submitted surveys. Use of IAPM.

June 2008

Compilation of survey results

Draft summary of compilation

Major delays in finishing the compilation by the consultant

INDECOPI staff would support the consultant with the pending workload.

August 2008

Approval of compilation of survey results by APEC member economies

Final Technical Report

Report is not approved

Comments on the report from members will be taken into consideration before it is submitted for approval by APEC member economies.

September 2008

“Seminar on Raising Awareness and Providing Policy Insights on promoting appropriate access and protection of Genetic Resources and Traditional Knowledge in APEC economies” in conjunction with the 27^th APEC IPEG meeting.

Tentative Sessions:

- Introduction

- Presentation of survey results

- APEC Experiences

- Expert round-table and conclusions.

CD-ROM with the seminar material

Expected speakers not available.

Prepare with enough anticipation a pool of speaker options, including national speakers.

October 2008

Evaluation of Project.

Final Evaluation Report.

Delay in presenting the report or report not approved by APEC economies.

Close coordination with IPEG representatives to prepare report.

------------------------

It will be important to encourage participation of representatives from all APEC member economies. It is expected that APEC member economies will participate in the design of the survey, before it is submitted to IPEG for approval, and afterwards, for completion of the survey. Furthermore, participants from economies, which have already demonstrated interest or progress on promoting appropriate access and protection of genetic resources and traditional knowledge systems’ implementation, may provide the project with their experiences on the benefits obtained from these systems and to the manner in which they have overcome problems related to introducing or maintaining the system.

In this respect, it is important to remark that for several years, promoting appropriate access and protection of genetic resources and traditional knowledge has been an important issue to various APEC economies. Within the Intellectual Property Expert Group – IPEG, different aspects related to appropriate access and protection of genetic resources and traditional knowledge have been discussed and presented, recognizing the relevance of these issues for both developing and developed economies.

Through the proposed Seminar different points of view could be presented and discussed in order to enrich understanding of the issues involved.

Participants from economies which do not have any experience in the topic may contribute to the discussion through their own experience of struggling to introduce systems or adjusting the existing ones to current worldwide tendencies. Also, discussions will be fostered regarding insights on how APEC economies may benefit from the use of traditional knowledge, regardless of availability of these resources in their territory, including the potential that the traditional knowledge sector may represent for both developed and developing economies, in their aim to expand investment opportunities and promote economic growth.

Risks

See Work Plan

Monitoring and Evaluation

Regarding the first objective, for the first time, the seminar will allow to gather a systematized information on the current status of APEC economies’ level of awareness and protection of appropriate access and protection of genetic resources and traditional knowledge. This will be reflected in the report of the seminar.

With regards to promoting debate and discussion of these topics within IPEG (second objective), from 2002 to 2006, only 9 presentations have been conducted in IPEG meetings from 7 economies (China, USA, Australia, Korea, Viet Nam, Peru and Indonesia). Thus, the seminar will be another important venue for a wider debate on these issues.

Through the compiled responses resulting from the proposed survey, APEC economies will be able to learn about the status of issues related to promoting appropriate access and protection of genetic resources and traditional knowledge in the region.

It is expected that after implementation of the project, including the survey results compilation, there will be more frequent discussions on these issues in IPEG meetings and better knowledge of the importance of these issues and the status of their debate at the international level for APEC Members.

Linkages

During the IPEG meeting held in January 2007, the proposed Project was presented to APEC member economies.

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This project will provide an opportunity to promote a more focused discussion related to promoting appropriate access and protection of genetic resources and traditional knowledge that take place in IPEG.

Given that the project foresees identification and discussion of current practices and status of promoting appropriate access and protection of traditional knowledge and genetic resources within the APEC region, it seems most appropriate that these actions are financed with APEC funding.

The present Project will complement past activities in APEC related to promoting appropriate access to genetic resources and Traditional Knowledge, given that it will focus discussion and promote progress and understanding of member economies in this field. Also, it will open up a space for discussion and debate for regional initiatives. Among previous activities the following may be found:

In March 2002 in Hong Kong, China hosted the APEC Symposium on Traditional Medicine. Expert speakers from various member economies and international organizations spoke about the role of social and intellectual property aspects of traditional medicine in the 21^st century. The symposium focused on the economic opportunities that could be derived from the commercialization of traditional medicine and the concerns related to governing the trade of traditional medicines. The symposium report stated that despite the existence of the entrenched pharmaceutical systems based on synthetic drugs, it is foreseeable that many traditional medicinal products will enter the international market during this decade. Through a modern marketing approach, the traditional knowledge sector can be developed to become a value added industry for both developed and developing economies as part of their strategies to support economic growth.

In March 2003, in Christchurch, New Zealand, Australia presented to IPEG the recent developments in relation to traditional knowledge and folklore. They outlined some Australian experience in the protection of traditional knowledge, referencing to a series of Australian case studies undertaken by WIPO in the period 2000-2001. These case studies involved specific examples in which a holder of traditional knowledge or an indigenous or local community used the domestic intellectual property system to protect traditional knowledge. In that statement they argued that better use can be made of existing intellectual property rights, but also of heritage, trade secrets and contract law to protect traditional knowledge.

In July 2003 in Vancouver Canada, and in August 2006, in Guadalajara, Mexico, United States presented its views on Traditional Knowledge and Genetic Resources.

In the same way, in April 2004, in Beijing China, Korea presented their progress on the protection of genetic resources and traditional knowledge; in February 2006, in Ha Noi, Vietnam presented its view about IPR Protection for Traditional Knowledge, Peru delivered the presentation “Protection of Traditional Knowledge and Access to Genetic Resources: Peru's Experience”; and Indonesia presented “Protection of Traditional Knowledge: Perspective of Indonesia”.

Finally, in January 2007, in Canberra – Australia, Australia presented their experience in Implementing the Access and Benefit Sharing of Genetic Resources under the Convention on Biological Diversity; and Peru presented our experience in Protecting Genetic Resources and Traditional Knowledge.

Sustainability

Not Applicable

Direct Labour

Not Applicable

Are there any supporting document attached?

Project No.
Project Title
Project Status
Fund Account
Sub-fund
Project Year
Project Session
APEC Funding
Co-funding Amount
Total Project Value
Sponsoring Forum
Topics
Committee
Other Fora Involved
Other Non-APEC Stakeholders Involved
Proposing Economy(ies)
Co-Sponsoring Economies
Expected Start Date
Expected Completion Date
Project Proponent Name 1
Job Title 1
Organization 1
Telephone 1
Email 1
Project Proponent Name 2
Job Title 2
Organization 2
Telephone 2
Email 2
Declaration
Project Summary
Relevance
Objectives
Alignment
Beneficiaries and Outputs
Dissemination
Gender
Work Plan
Risks
Monitoring and Evaluation
Linkages
Sustainability
Direct Labour
Are there any supporting document attached?
hdFldAdmin
Project Number
Previous Fora
Secretariat Comments
Reprogramming Notes
Consolidated QAF
Endorsement By Fora
PD Sign Off
Batch
Forum Priority
Committee Ranking Category
Committee Priority
PDM Priority
Priority Within Funding Category
Monitoring Report Received
Completion Report Received
PMU Field 1
PMU Field 2
PMU Field 3
On Behalf Of
Proposal Status
Originating Sub-Forum
Primary Driver
Primary Objective
Secondary Driver
Secondary Objective
Approval Status
Attachments

Content Type: Standard Proposal

Items	No. of Units	Unit Rate	APEC Funding (USD)	Self Financing (USD)
Other items
Publication of report (including distribution)	200 CDs	3	600
Equipment / Materials	80 name tags	2	160
Photocopying	4,000 approximately	0.10		400
Total			760	400