Retired sections: paragraphs5, 6, 8 to 11, 14 and 16.
Implementation of Article 8(j) and related provisions
The Conference of the Parties,
Recalling its decision III/14,
Realizing the importance for biological diversity of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity,
Emphasizing the need for dialogue with representatives of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity within the framework of the Convention,
Welcoming the report of the inter-sessional workshop on Article 8(j), held in Madrid from 24 to 28 November 1997,
Expressing its sincere appreciation to the Government of Spain for hosting the inter-sessional workshop,
Reaffirming the dynamic nature of traditional knowledge, innovations and practices,
Recognizing that traditional knowledge should be given the same respect as any other form of knowledge in the implementation of the Convention,
Recognizing also that intellectual property rights may have implications for the implementation of the Convention and achievement of its objectives under Article 8(j),
Further recognizing the importance of making intellectual‑property‑related provisions of Article 8(j) and related provisions of the Convention on Biological Diversity and provisions of international agreements relating to intellectual property mutually supportive, and the desirability of undertaking further cooperation and consultation with the World Intellectual Property Organization,
Welcoming the decision of the World Intellectual Property Organization to incorporate biodiversity-related issues under its 1998-1999 main programme item 11 ("Global intellectual property issues"),
Acknowledging the importance of starting work as soon as possible on priority work programme elements,
Expressing its sincere appreciation for the valuable contribution made by the participating representatives of the indigenous and local communities at the fourth meeting of the Conference of the Parties,
1. Decides that an ad hoc open-ended inter-sessional working group be established to address the implementation of Article 8(j) and related provisions of the Convention. The mandate of this working group shall be:
(a) To provide advice as a priority on the application and development of legal and other appropriate forms of protection for the knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity;
(b) To provide the Conference of the Parties with advice relating to the implementation of Article 8(j) and related provisions, in particular on the development and implementation of a programme of work at national and international levels;
(c) To develop a programme of work, based on the structure of the elements in the Madrid report (UNEP/CBD/COP/4/10/Add.1) as set out in the annex to the present decision;
(d) To identify those objectives and activities falling within the scope of the Convention; to recommend priorities taking into account the programme of work of the Conference of the Parties, such as the equitable sharing of benefits; to identify for which work-plan objectives and activities advice should be directed to the Conference of the Parties and which should be directed to the Subsidiary Body on Scientific, Technical and Technological Advice; to recommend which of the work-plan objectives and activities should be referred to other international bodies or processes; to identify opportunities for collaboration and coordination with other international bodies or processes with the aim of fostering synergy and avoiding duplication of work;
(e) To provide advice to the Conference of the Parties on measures to strengthen cooperation at the international level among indigenous and local communities embodying traditional lifestyles relevant to the conservation and sustainable use of biological diversity and make proposals for the strengthening of mechanisms that support such cooperation;
2. Decides that the working group shall be composed of Parties and observers, including, in particular, representation from indigenous and local communities embodying traditional lifestyles relevant to the conservation and sustainable use of biological diversity with participation to the widest possible extent in its deliberations in accordance with the rules of procedure;
3. Encourages Parties to include representatives of indigenous and local communities embodying traditional lifestyles relevant to the conservation and sustainable use of biological diversity in their delegations;
4. Encourages Parties to promote consultations among indigenous and local communities embodying traditional lifestyles relevant to the conservation and sustainable use of biological diversity concerning the issues to be dealt with in the working group;
5. Encourages indigenous and local communities embodying traditional lifestyles relevant to the conservation and sustainable use of biological diversity to participate and to identify the process to select their participants in the working group, taking into account the funds available, the need for geographical balance and the need for the working group to be effective and efficient;
6. Decides that the working group should meet in conjunction with Subsidiary Body on Scientific, Technical and Technological Advice, unless a Party offers to host the meeting of the working group;
7. Decides that the working group shall report directly to the Conference of the Parties and that the working group may provide advice to the Subsidiary Body on Scientific, Technical and Technological Advice on issues relevant to its agenda;
8. Decides that the costs of servicing the meetings of the working group shall be funded in accordance with the relevant provisions of decision IV/17, as related to the budget;
9. Decides that there shall be both short- and medium-term activities in the programme of work to facilitate the work of the Parties in the implementation of Article 8(j) and related provisions.
10. As part of the short-term activities, invites Governments, international agencies, research institutions, representatives of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and non-governmental organizations to submit case-studies and other relevant information to the Executive Secretary, on the following, as background information for the working group without being a prior condition to or pre-empting the deliberations of the working group in discharging its mandate as set out in paragraph 1 (c) of the present decision:
(a) Interactions between traditional and other forms of knowledge relating to the conservation and sustainable use of biological diversity;
(b) The influence of international instruments, intellectual property rights, current laws and policies on knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity;
(c) The extent to which traditional knowledge of indigenous and local communities has been incorporated into development and resource-management decision-making processes;
(d) Documented examples and related information on ethical guidance for the conduct of research in indigenous and local communities about the knowledge they hold; and
(e) Matters of prior informed consent, fair and equitable sharing of benefits and in situ conservation in lands and territories used by indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity;
11. Requests the Executive Secretary to prepare a suitable format for the presentation of the information requested in paragraph 10 of the present decision, in order to assist in the preparation of its synthesis in support of the programme of work;
12. Requests Parties according to their capabilities to facilitate the representation, and financially and logistically support the active participation in the working group of the indigenous and local communities from their territories;
13. Encourages Parties, when making applications to the interim financial mechanism for funding in respect of activities under Article 8(j) and related provisions, to consider: (a) priorities as set out in paragraph 10 and (b) projects in support of the development of national legislation and corresponding strategies on the implementation of Article 8(j), as well as (c) projects in support of preparations by indigenous and local communities embodying traditional lifestyles relevant to the conservation and sustainable use of biological diversity for their active participation in and contribution to the working group;
14. Requests the Executive Secretary to transmit to the secretariat of the World Intellectual Property Organization, decisions and documents of the fourth meeting of the Conference of the Parties and to apply for observer status in the World Intellectual Property Organization, for the purpose of representing the Convention on Biological Diversity in meetings related to main programme 11.1 and 11.2 of the Organization;
15. Encourages Governments, relevant international and regional organizations and representatives of indigenous and local communities embodying traditional lifestyles relevant to the conservation and sustainable use of biological diversity to conduct and communicate to the Executive Secretary, case studies for dissemination through means such as the clearing-house mechanism and requests the Executive Secretary to compile case-studies submitted under decisions of the Conference of the Parties at its third and fourth meetings relating to Article 8(j) and intellectual property rights, including existing sui generis systems and/or adapted forms of protection to the knowledge, innovations and practices of indigenous and local communities relevant to the conservation and sustainable use of biological diversity for transmittal to the World Intellectual Property Organization and for use in initiatives on legislating on the implementation of Article 8(j) and related provisions;
16. Invites the World Intellectual Property Organization to take into account the lifestyles and the traditional systems of access and use of the knowledge, technologies and practices of indigenous and local communities embodying traditional lifestyles relevant to the conservation and sustainable use of biological diversity in its work and the relevant recommendations of the Conference of the Parties;
17. Requests the Executive Secretary to seek ways, including the possibility of negotiating a memorandum of understanding with the World Intellectual Property Organisation, to enhance cooperation between the Convention on Biological Diversity and the World Intellectual Property Organization on issues arising from Article 8(j) and related provisions and encourages Parties to forward information to the Executive Secretary to support such cooperation.
Annex
STRUCTURE OF WORK PROGRAMME OPTIONS FROM THE MADRID REPORT (UNEP/CBD/COP/4/10/Add.1)
A. Participatory mechanisms for indigenous and local communities
B. Status and trends in relation to Article 8(j) and related provisions
C. Traditional cultural practices for conservation and sustainable use
D. Equitable sharing of benefits
E. Exchange and dissemination of information
F. Monitoring elements
G. Legal elements
