GAP ANALYSIS MATRIX This matrix corresponds to the items mentioned in sub-paragraphs (a) to (d) of the decision of the Twelfth Session of the WIPO Intergovernmental Committee, as required by that decision, and as updated if and as needed. Following a summary table, the full matrix includes the material covered in the gap analysis above. CONTENTS OF ANNEX SUMMARY OF MATRIX A. EXISTING MEASURES B. GAPS EXISTING AT THE INTERNATIONAL LEVEL C. CONSIDERATIONS RELEVANT TO DETERMINING WHETHER THOSE GAPS NEED TO BE ADDRESSED D. OPTIONS THAT EXIST OR MIGHT BE DEVELOPED TO ADDRESS ANY IDENTIFIED GAPS: I. SUMMARY OF MATRIX Aspects of protecting (a) existing measures (b) gaps identified (c) and (d) considerations and options TK Objectives and Existing public Authoritative statement International treaty or declaration establishing principles of IP international law (nonIP) on the role of IP law and framework for TK protection in IP system that: protection applied to TK instruments on policy in addressing - expresses objectives of protection indigenous public policy issues - articulates general principles of protection peoples’ rights, the environment relating to TK. (including biodiversity Objectives may include: Considerations: and genetic resources), Recognizing value and - role of hard law and soft law instruments agriculture promoting respect for - political as against legal aspects of issues TK systems; - coordinated international approach as against Responding to the autonomous national initiatives actual needs of TK - benefit of firmer policy basis and general settled
GAP ANALYSIS MATRIX This matrix corresponds to the items mentioned in sub-paragraphs (a) to (d) of the decision of the Twelfth Session of the WIPO Intergovernmental Committee, as required by that decision, and as updated if and as needed. Following a summary table, the full matrix includes the material covered in the gap analysis above. CONTENTS OF ANNEX SUMMARY OF MATRIX A. EXISTING MEASURES B. GAPS EXISTING AT THE INTERNATIONAL LEVEL C. CONSIDERATIONS RELEVANT TO DETERMINING WHETHER THOSE GAPS NEED TO BE ADDRESSED D. OPTIONS THAT EXIST OR MIGHT BE DEVELOPED TO ADDRESS ANY IDENTIFIED GAPS: I. SUMMARY OF MATRIX Aspects of protecting TK (a) existing measures (b) gaps identified (c) and (d) considerations and options Objectives and principles of IP protection applied to TK Existing public international law (nonIP) instruments on indigenous peoples’ rights, the environment (including biodiversity and genetic resources), agriculture Authoritative statement on the role of IP law and policy in addressing public policy issues relating to TK. Objectives may include: Recognizing value and promoting respect for TK systems; Responding to the actual needs of TK International treaty or declaration establishing framework for TK protection in IP system that: - expresses objectives of protection - articulates general principles of protection Considerations: - role of hard law and soft law instruments - political as against legal aspects of issues - coordinated international approach as against autonomous national initiatives - benefit of firmer policy basis and general settled
wipo_grtkf_ic_37_6.docx