THE ROLE OF INTELLECTUAL PROPERTY RIGHTS IN PROTECTING TRADITIONAL KNOWLEDGE The Philippine Experience Presented by: Marga C. Domingo-Morales Senior Policy and Planning Officer, Philippine Department of Agriculture

II. THE PHILIPPINE LEGAL AND POLICY FRAMEWORK III. ISSUES AND RECOMMENDATIONS IV. RECOMMENDED INTERNATIONAL ACTION OUTLINE OF PRESENTATION I. INTRODUCTION

TK consists of the original rights of indigenous peoples and local communities over various elements: –Plants and genetic resources –Traditional medicines –Agricultural methods and local technologies –Cultural products, etc. Since indigenous communities do not have a written tradition or culture, recognition of TK through a system of IPRs has always been difficult and complex Department of Agriculture

In the Philippines, there are no existing IPRs on TK. There are only measures on how to protect TK from use. Objective of the Paper –Provide an overview of the Philippine legal and policy framework for the protection of TK; and –Identify key issues and recommendations on the role of IPRs on TK based on Philippine experience. I. INTRODUCTION Department of Agriculture

II. PHILIPPINE LEGAL & POLICY FRAMEWORK A.Access to Genetic Resources and Sharing of Benefits B.Community Rights over Indigenous Knowledge, Traditional Medicines, Oral Traditions, etc. C.Documentation and Registration of TK D.Farmers’ Rights as Breeders Department of Agriculture

A. Access to Genetic Resources and Sharing of Benefits Allow bio-prospecting within ancestral lands and domains of the indigenous cultural communities only with a prior informed consent of such communities (EO 247, Indigenous People’s Rights Act, Wildlife Resources Conservation and Protection Act) Entitle the indigenous community to royalties or other forms of compensations which may be negotiated in the event that traditional varieties are exploited for commercial or academic use Department of Agriculture

EO 247 is implemented through the Inter-Agency Committee on Biological and Genetic Resources (ICBGR) Collection of biological resources require: (1)commercial research agreement (2)academic research agreement Department of Agriculture A. Access to Genetic Resources and Sharing of Benefits

IPRA - promotes the rights of indigenous communities to control, develop, and protect their sciences, technologies, and cultural manifestations, including human, and other genetic resources, traditional medicines, vital medicinal plants, oral traditions, literature, designs, etc., B. Community Rights Department of Agriculture

Traditional and Alternatives Medicine Act -institutionalizes the ownership by indigenous societies of their knowledge of traditional medicines. When knowledge is used by outsiders, the indigenous societies require the permitted users to acknowledge its source and demand a financial return that may come from its authorized commercial use. B. Community Rights Department of Agriculture

C. Documentation and Registration of TK A continuing process of documenting and making an inventory of plant genetic resources and TK For PGR - DA launched the National Network on the Conservation and Sustainable Use of Plant Genetic Resources; and designated the National Plant Genetic Resources Laboratory (UPLB) as the national repository Department of Agriculture

For specific crops such as rice, sugar, coconut, abaca - other local R&D institutions (e.g. PhilRice, SRA, PCA, FIDA) For cultural products and heritage - National Museum For inventions, industrial designs, and utility models - Intellectual Property Office For traditional medicines - Philippine Institute of Traditional and Alternative Health Care C. Documentation and Registration of TK Department of Agriculture

No specific law in the Philippines that offers IPR protection for innovations concerning plant varieties Philippine Intellectual Property Code provides that new plant varieties and animal breeds can not be covered by patents –However, IP Code provides for the enactment of a sui generis protection of plant varieties and animal breeds and/or system of community intellectual rights protection for this purpose D. Farmers’ Rights as Breeders Department of Agriculture

Pending Plant Variety Protection (PVP) Bill -Acknowledges the role of farmers in improving seeds through selection in the grant of farmer’s privilege to save, use, exchange, and sell seeds; -Encourages farming communities to establish their respective local registry system to register or build an inventory of locally-bred varieties; -Directs the PVP Registrar to institutionalize, maintain, and continuously update a database of existing or commonly/publicly known plant varieties in the Philippines Department of Agriculture D. Farmers’ Rights as Breeders

1.Regulate access to biological & genetic resources for our people’s benefits. 2.Complement regulations with an up to date inventory or registration system of TK. III. ISSUES AND RECOMMENDATIONS Department of Agriculture

3.Acknowledge the role of farmers in improving breeds and the rights of indigenous communities over TK. 4.Strengthen IPR systems to recognize the more informal, communal system of innovation. III. ISSUES AND RECOMMENDATIONS Department of Agriculture

1.Continue regional discussion to establish a common framework that will regulate access to local biodiversity and genetic resources. 2.Develop a model law to provide for the protection of community intellectual rights. 3.Provide technical assistance for the institution building mechanisms in the protection of TK, the setting up of a documentation and registration system for informal innovations, among others. IV. RECOMMENDED INTERNATIONAL ACTION Department of Agriculture

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