The definitions of Use/Utilization included in that section in the other texts share some elements. However, the definition in the Use of Terms section of the TCEs text was imported from the TK text and it seems unclear whether that definition would really be applicable to TCEs. The definition of in footnote 5 of the TCEs text is quite distinct from the others. “Use” The IGC might wish to consider the different definitions that the TCEs text includes and decide on which one would be more applicable to TCEs. As pointed out by a delegation during IGC 27, the definition of to “Use/Utilization” refers uses outside the traditional context. However, the in Article 2.1 of the TCEs word “use” text refers to use by the beneficiaries. Moreover, Article 2.1 of the TK text also refers to use by the beneficiaries. Indeed, the same word is not used in the same sense in separate instances. The IGC might wish to consider this comment and find a way to avoid confusion. 3 Criteria for TK/TCEs Articles 1 and 3 The TK text includes the criteria for eligibility in Article 1. The second paragraph eligibility TK (Criteria for eligibility) of Article 1 in the TK text repeats most of the elements already Articles 1 and 3 included in the first paragraph. TCEs Alternative 3.3 in the TK text refers to TK that would not be protected and could also be relevant when considering criteria for eligibility. The TCEs text includes most of the elements included in the TK text, with some differences, in one single paragraph. Paragraph 3.2 of Option 2 in the TCEs text refers to TCEs that would not be protected and could also be relevant when considering criteria for eligibility. It seems that it would be more orderly to include all the criteria for eligibility in the same place, instead of having some in Article 1 and others in Article 3. The IGC may wish to consider the appropriate place to deal with the criteria for eligibility in the TK text and in the TCEs text, and whether to consolidate all the criteria for eligibility. There is also the debate whether criteria for eligibility are necessary at all, since in the view of some
The definitions of Use/Utilization included in that section in the other texts share some elements. However, the definition in the Use of Terms section of the TCEs text was imported from the TK text and it seems unclear whether that definition would really be applicable to TCEs. The definition of “Use” in footnote 5 of the TCEs text is quite distinct from the others. The IGC might wish to consider the different definitions that the TCEs text includes and decide on which one would be more applicable to TCEs. As pointed out by a delegation during IGC 27, the definition of “Use/Utilization” refers to uses outside the traditional context. However, the word “use” in Article 2.1 of the TCEs text refers to use by the beneficiaries. Moreover, Article 2.1 of the TK text also refers to use by the beneficiaries. Indeed, the same word is not used in the same sense in separate instances. The IGC might wish to consider this comment and find a way to avoid confusion. 3 Criteria for eligibility TK/TCEs Articles 1 and 3 TK Articles 1 and 3 TCEs The TK text includes the criteria for eligibility in Article 1. The second paragraph (Criteria for eligibility) of Article 1 in the TK text repeats most of the elements already included in the first paragraph. Alternative 3.3 in the TK text refers to TK that would not be protected and could also be relevant when considering criteria for eligibility. The TCEs text includes most of the elements included in the TK text, with some differences, in one single paragraph. Paragraph 3.2 of Option 2 in the TCEs text refers to TCEs that would not be protected and could also be relevant when considering criteria for eligibility. It seems that it would be more orderly to include all the criteria for eligibility in the same place, instead of having some in Article 1 and others in Article 3. The IGC may wish to consider the appropriate place to deal with the criteria for eligibility in the TK text and in the TCEs text, and whether to consolidate all the criteria for eligibility. There is also the debate whether criteria for eligibility are necessary at all, since in the view of some