A/67/301 for the lands, territories and resources which they have traditionally owned, occupied or used and which have been taken, occupied, used or damaged without their free, prior and informed consent. 47. In the view of the Special Rapporteur, the Guidelines could be improved upon by taking more fully into account the special standards and considerations that apply to indigenous peoples. The Special Rapporteur has consistently argued against restrictive interpretations of texts that bear upon human rights, preferring to adopt broad and progressive understandings of written instruments when possible and also to encourage States and other actors always to implement guidelines and policies concerning indigenous peoples in accordance with the spirit and terms of the Declaration. 48. It is worth noting that, in the past, FAO has made important strides in its recognition of indigenous rights, particularly through the development of its policy on indigenous and tribal peoples of 2010. That policy affirms, among its core objectives for engagement with indigenous peoples, that when there is a direct impact on or relation to indigenous peoples’ issues, FAO will follow the provisions of the Declaration on the Rights of Indigenous Peoples that relate to free, prior and informed consent. 3. World Intellectual Property Organization 49. The World Intellectual Property Organization (WIPO) is a United Nations specialized agency that advances the protection of intellectual property globally. The involvement of indigenous peoples at WIPO has been focused on ensuring that adequate measures are developed to protect their genetic resources, traditional cultural expressions (music, art, design, names, symbols, handicrafts and the like) and traditional knowledge (acquired and accumulated by indigenous peoples over time) against misuse and misappropriation, as well as to share equitably in the benefits from the commercialization of these assets. 50. The WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, established in 2000, provides a forum in which member States can discuss intellectual property issues which arise in relation to traditional knowledge, traditional cultural expressions, genetic resources and benefit-sharing. In 2009, the WIPO General Assembly authorized the Committee to undertake negotiations, with the intention of reaching an agreement on the text of an international instrument (or instruments) that would effectively protect traditional knowledge, traditional cultural expressions and genetic resources within existing intellectual property regimes. 51. Key issues for indigenous peoples, which have been discussed in the context of the negotiations, relate to whether the text of the instruments will incorporate the recognition that indigenous peoples are the holders of rights to traditional knowledge and traditional cultural expressions and whether the instrument(s) will affirm the obligation of States to obtain the free, prior and informed consent of indigenous peoples in relation to the appropriation of traditional knowledge and cultural expressions. Representatives of indigenous peoples suggest that some progress has been made on these questions. However, there are outstanding issues regarding the forms of traditional knowledge or cultural expressions which might be protected by the instruments to be developed. 12-46087 13

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