E/2004/43
E/C.19/2004/23
36. The Forum encourages the World Intellectual Property Organization (WIPO)
and its member States to take practical steps to ensure that the inappropriate and
unauthorized documentation and publication of traditional knowledge and
traditional cultural expressions/folklore does not occur, and to reinforce the capacity
of indigenous peoples and local communities to make informed decisions in their
own interests concerning whether and how documentation should be issued,
including through the development of practical toolkits and guides which should
have this as their aim.
37. Recognizing the important partnership of WIPO and the Forum, the Forum
makes the following recommendations to further this working relationship:
(a) The Forum strongly encourages representatives of indigenous peoples
and local communities to participate actively in the work of WIPO in relation to
genetic resources, traditional knowledge and traditional cultural expressions/
folklore, in particular through the submission of comments, case studies and
position papers, including on the new WIPO web page established for this purpose;
(b) The Forum calls upon WIPO and member States, funds, foundations and
other donors to provide funding to facilitate the participation of indigenous peoples,
local communities and the Forum in sessions of the WIPO Intergovernmental
Committee on Intellectual Property and Genetic Resources, Traditional Knowledge
and Folklore and in related consultations, caucuses, briefings and workshops;
(c) The Forum recommends that, under the auspices of the Forum and in
partnership with the Convention on Biological Diversity and the Office of the
United Nations High Commissioner for Human Rights, WIPO develop, in close
consultation with indigenous peoples and local communities, the Forum and other
organizations and stakeholders, as appropriate, guidelines, ethical codes of conduct,
best practices and practical guides relating to intellectual property issues and the
access to and use of traditional cultural expressions and knowledge by, among
others, commercial users, ethnologists, folklorists and anthropologists, and museums
and archives;
(d) The Forum confirms its readiness and willingness to provide expert input
to the work of WIPO on intellectual property, traditional knowledge and folklore,
such as its work on studying how customary and indigenous laws and protocols
could be recognized and applied within national, regional and international systems
for the protection of traditional knowledge and cultural expressions.
38. The Forum recommends that the secretariat of the Convention on Biological
Diversity, the Office of the United Nations High Commissioner for Human Rights,
UNESCO, WIPO, the World Trade Organization and other relevant United Nations
system organizations, under the auspices of the Forum, establish guidelines, ethical
codes of conduct, best practices and practical guidelines relating to indigenous
peoples, cultural heritage and the access to and use of traditional cultural
expressions and knowledge, in close cooperation with indigenous peoples.
39. The Forum supports the participation of indigenous athletes, including
indigenous women athletes, in the Olympic Games, and joins the General Assembly
in underlining the significance of the Olympic Truce in the interests of peace and
human rights.
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