Common use of Genetic Resources, Traditional Knowledge and Folklore Clause in Contracts

Genetic Resources, Traditional Knowledge and Folklore. 1. Subject to their legislation, the Parties shall respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the involvement and approval of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilisation of such knowledge, innovations and practices. 2. The Parties agree to regularly exchange views and information on relevant multilateral discussions: (a) in WIPO, on the issues dealt with in the framework of the Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore; (b) in the WTO, on the issues related to the relationship between the TRIPS Agreement and the Convention on Biological Diversity (hereinafter referred to as the “CBD”), and the protection of traditional knowledge and folklore; and (c) in the CBD, on the issues related to an international regime on access to genetic resources and benefit sharing. 3. Following the conclusion of the relevant multilateral discussions referred to in paragraph 2, the Parties agree, at the request of either Party, to review this Article in the Trade Committee in the light of the results and conclusion of such multilateral discussions. The Trade Committee may adopt any decision necessary to give effect to the results of the review.

Genetic Resources, Traditional Knowledge and Folklore. 1. Subject to their legislation, the Parties shall respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation xxxxxx- vation and sustainable use of biological diversity and promote their wider application with the involvement and approval of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilisation of such knowledge, innovations and practices. 2. The Parties agree to regularly exchange views and information on relevant multilateral discussions: (a) in WIPO, on the issues dealt with in the framework of the Intergovernmental Inter- governmental Committee on Genetic Resources, Traditional Knowledge and Folklore; (b) in the WTO, on the issues related to the relationship between the TRIPS Agreement and the Convention on Biological Diversity (hereinafter referred to as the “"CBD”"), and the protection of traditional knowledge and folklore; and (c) in the CBD, on the issues related to an international regime on access to genetic resources and benefit sharing. 3. Following the conclusion of the relevant multilateral discussions referred to in paragraph 2, the Parties agree, at the request of either Party, to review this Article in the Trade Committee in the light of the results and conclusion of such multilateral discussions. The Trade Committee may adopt any decision necessary to give effect to the results of the review.

Genetic Resources, Traditional Knowledge and Folklore. 1. Subject to their legislation, the Parties shall respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the involvement and approval of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilisation of such knowledge, innovations and practices. 2. The Parties agree to regularly exchange views and information on relevant multilateral discussions: (a) in WIPO, on the issues dealt with in the framework of the Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore; (b) in the WTO, on the issues related to the relationship between the TRIPS Agreement and the Convention on Biological Diversity (hereinafter referred to as the “CBD”), and the protection of traditional knowledge and folklore; and (c) in the CBD, on the issues related to an international regime on access to genetic resources and benefit sharing. 3. Following the conclusion of the relevant multilateral discussions referred to in paragraph 2, the Parties agree, at the request of either Party, to review this Article in the Trade Committee in the light of the results and conclusion of such multilateral discussions. The Trade Committee may adopt any decision necessary to give effect to the results of the review.. SECTION C ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

Genetic Resources, Traditional Knowledge and Folklore. 1. Subject to their legislation, the Parties shall respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the involvement and approval of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilisation of such knowledge, innovations and practices. 2. The Parties agree to regularly exchange views and information on relevant multilateral discussions: (a) in WIPO, on the issues dealt with in the framework of the Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore; (b) in the WTO, on the issues related to the relationship between the TRIPS Agreement and the Convention on Biological Diversity (hereinafter referred to as the “"CBD”"), and the protection of traditional knowledge and folklore; and (c) in the CBD, on the issues related to an international regime on access to genetic resources and benefit sharing. 3. Following the conclusion of the relevant multilateral discussions referred to in paragraph 2, the Parties agree, at the request of either Party, to review this Article in the Trade Committee in the light of the results and conclusion of such multilateral discussions. The Trade Committee may adopt any decision necessary to give effect to the results of the review.