Reflections on the host country for the WIPO 2024 Diplomatic Conference on Intellectual Property, Genetic Resources and Traditional Knowledge Associated with Genetic Resources.
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Professor Chidi Oguamanam’s reflections in advance of WIPO’s IGC 47.
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Prior to European contact, Indigenous Peoples of what later became Canada lived in communities with a diversity of political systems, legal traditions, and laws. These Indigenous legal orders guided how First Nations conducted commerce, maintained peace, and negotiated treaties. Recognized by the Supreme Court of Canada, these traditions have become a part of the Canadian legal landscape.
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Between February 27 and March 3, 2023, delegates and experts are reconvening in Geneva for the 46th session of the World Intellectual Property Organization’s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC 46). The IGC 46 is the penultimate of four sessions exclusively dedicated to “undertake[ing] negotiations on TK and/or TCEs with a focus on addressing unresolved and cross-cutting issues and considering options for a draft legal instrument(s)”. Earlier negotiations on the TK/TCEs text were undertaken pursuant to IGC 44 and 45, and will be further explored finally in the 2022-2023 biennium at the IGC 47 slated for June/July 2023. IGC 47 will also include stocktaking and making recommendations on the subject of TK/TCEs for the 64th WIPO General Assembly in October 2023.
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Buoyed by the July 2022 WIPO 62nd General Assembly decision that endorsed a Diplomatic Conference on Genetic Resources (GR) and Associated Traditional Knowledge, delegates to the 45th Intergovernmental Committee (IGC) continued negotiations on the TK and TCEs texts. On December 5-9, 2022, negotiations on the two subject matters continued from the September 12-16, 2022 44th IGC. It is second of the series of negotiations to focus on TK/TCEs. At the 44th IGC, delegates took unofficial notice of the new Chair’s, Ms. Lillyclair Bellamy (Jamaica), determination to take a cue from the immediate past Chair, Ian Goss (Australia) to generate a Chair’s TK/TCE text to advance progress on TK/TCE negotiations. This decision, which did not come as surprise to delegates, has potential to replicate Goss’ experience of the Chair’s GR text based on which the 2024 Diplomatic Conference is being convened.
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Professor Chidi Oguamanam has been named to the University of Ottawa's University Research Chair in Sustainable Bio-Innovation, Indigenous Knowledge Systems and Global Knowledge Governance. Research Chairs represent the University's top researchers and recognize their outstanding and important accomplishments.
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May 30-June 3, 2022: Delegates met in-person and virtually at the World Intellectual Property Organization (WIPO) in Geneva to resume the second round of negotiations for the 2022-23 biennium of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (WIPO-IGC). The meeting being the second in the ‘post-pandemic’ era was dedicated to negotiations on genetic resources. It was the last meeting on the subject under the 2022-2023 biennium. The remaining meetings of the Committee for the biennium are dedicated to Traditional Knowledge and Traditional Cultural Expressions (aka folklore).
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Indigenous peoples all over the world have adverse relationships with research and researchers. Historically, research involving Indigenous peoples is conducted at the intersection of colonialism and asymmetrical power relations amongst researchers, industries, colonial states, and other stakeholders. The importance of research in shaping the policy agenda for development, access to health, basic infrastructure and for the empowerment of communities for self-determination is not lost on Indigenous peoples. Indigenous peoples and many other local and marginalized communities have been proverbial guinea pigs for researchers, being ‘used’ as research subjects whose rights were abused without consequences. Regarded as docile subjects, their voices were hardly heard, making them one of the most researched and yet underrepresented demographics in research.
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On February 14th 2022, Newfoundland and Labrador Premier Andrew Furey announced the signing of term sheets for a $1-billion federal investment and a $1-billion federal loan guarantee for the Muskrat Falls Project. This is the third such guarantee the federal government has backed in respect of the project. It marks the completion of the negotiation process for the deal. Premier Furey labelled the deal “the next step for all of us to emerge from under the dark shadow of Muskrat Falls.”
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February 28-March 4, 2020: Delegates met virtually and in-person at the World Intellectual Property Organization in Geneva to resume the first round of negotiations for the 2022-23 biennium of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC). The meeting was in continuation of more than two-decades of work, most of which has been dedicated to negotiations of legal instrument(s) for the protection of traditional knowledge (TK) traditional cultural expressions (TCEs) and genetic resources (GR).
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The impacts of climate change are wide-ranging and global, with examples ranging from increased wildfires, food insecurity due to poor crop yield, and forced migration following rising sea levels, droughts, and other abnormal precipitation. In the face of these changes, Indigenous peoples and communities are heavily impacted through changes in lifestyle and knowledge. However, Indigenous peoples and Indigenous traditional knowledge (ITK) may hold part of the important keys to fighting climate change for the benefit of the planet.
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As the vaccination rate rises in Canada and other developed nations, developing countries globally continue to record an upsurge in daily infection and death rates due to COVID-19. Prime Minister Justin Trudeau recently confirmed that Canada is involved in the World Trade Organization’s (WTO) exploration of the Indian and South African proposal to waive intellectual property (IP) rights for COVID-19 vaccines. In a break from tradition, United States President Joe Biden has lent his country’s support to the initiative, amidst reluctance to do the same from the EU. However, Canada remains ambivalent.
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Canada lacks a comprehensive federal Access and Benefit-Sharing (ABS) system for governing genetic resources and the associated traditional knowledge of Indigenous peoples, despite years of advocacy. While there is currently an interdepartmental committee on ABS at the federal level that collaborates with provincial and territorial jurisdictions and a lot more diverse initiatives related to ABS, little progress has been made.
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“Dealing with health and economic challenges of Covid-19 has made one point abundantly clear for African countries – that we need broadband, faster, cheaper and expanded to the last mile of the populations”. This observation credited to UN Under Secretary-General and Executive Secretary of the Economic Commission for Africa, Ms. Vera Songwe has never rung truer than in these unprecedented times. Leveraging technology to assist African countries in the fight against Covid-19 is imperative to finding effective solutions for containing the virus in an economically feasible manner for Africa, taking into consideration the continent’s technological infrastructure.
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Medical racism against Indigenous peoples is a fact in the Canadian healthcare system. As a direct result of this experience, many Indigenous peoples lack trust in the healthcare system, and they limit their engagement with the system as much as possible. This has caused many detrimental impacts on Indigenous peoples, and the ongoing COVID-19 pandemic has highlighted an area of key concern – vaccine hesitancy within Indigenous peoples.
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With the world on edge as the COVID-19 crisis progresses, the scientific community has sprung into gear in search of an effective treatment. R&D is progressing at unprecedented speeds, abridging the projected length for the completion of a vaccine from over a decade to just over a year. Amidst this rapid development, traditional knowledge plays a significant role in scientific endeavours. Through traditional knowledge, medical researchers can gain guidance and inspiration and bypass prolonged and expensive scatter-gun approaches to R&D.
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In the midst of the COVID-19 pandemic, the world continues to overlook the epidemic raging on in some of the poorest regions of Africa since 2013: the Ebola outbreak. The Ebola virus is a severe disease with a death rate of up to 90% in humans. The virus was first identified in 1976 with two simultaneous outbreaks; one in the Yambuku village in the Democratic Republic of the Congo (DRC) and the other in a remote area of Sudan.
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The COVID-19 pandemic is undoubtedly having an effect on the human population around the world, but its impact on the environment, especially in terms of conservation, is less publicized. The Amazon rainforest is the world’s largest rainforest. According to scientists, its preservation is vital to combat global warming. However, illegal logging practices continue to jeopardize the integrity of the rainforest at this time.
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