The round table "Intellectual Property and genetic resources, traditional knowledge and folklore"


In order to establish priorities and to define some key-positions on the matters of keeping, administering and authorized utilization of the genetic resources, their associated traditional knowledge and folklore, fair distribution of the beneficiaries from using thereof, was held a round table titled "Intellectual Property and the genetic resources, traditional knowledge and folklore", that took place on March 27, 2007 in AGEPI, where took part specialists in the given field from the Institute of The Cultural Patrimony (Center of ethnography and Institute of Philology (Center of the folklore of the Academy of Sciences of Moldova, Academy of Music, Theater and Film, Center of the Popular Creation, specialists of AGEPI.

This is a first meeting where have been discussed matters in the field of protection of the traditional knowledge and folkloric creations from the point of view of the intellectual property. Stefan Novac, Director general of AGEPI, reiterated matters being on the initial stage of resolving, specifying that the identification of the mechanisms of protection is difficult without the dynamic cooperation with the specialists of profile, this meeting being a basis for some major works such as creation of a complex and efficient system of national patrimony protection, - products of the anonymous intellectual genius.

Mr. Ion Daniliuc, vice director general, AGEPI spook about the difficulties of determination of the modalities of traditional knowledge and folkloric creation protection using the intellectual property system. He mentioned that nowadays the rights of developing countries are often infringed by the non-authorized using the national values.

Mrs. Maria Rojnevschi, director Promotion and Publication Department, AGEPI informed the participants of the round table about the activity of the WIPO Intergovernmental Committee on the intellectual Property and genetic Resources, traditional knowledge and folklore, created in 2001, on basis of the mandate granted by the General Meeting of the WIPO member states. The attention was especially attracted to the fact that today doesn't exist general recognized definitions in relation of the terms, “traditional knowledge” and "folkloric creation", the member states request on the active participation of the WIPO in the international discussions in order to contribute to the resolving these problems.

This committee beginning from its first session of April 2001, axed its activity on elaboration of the international instrument of protection of the traditional knowledge, olklore and genetic resources, that shall contribute to the equal distribution of the beneficiaries obtained from the utilization of the mentioned objects.

Taking in consideration the significant contradictions of the participants during the session, it was decided to organize the preventive discussions on the basis of the questions formulated by the Committee in this field in order to elaborate some univocal juridical definitions and notions used in the given field.

Mr. Ion Tiganas, vicedirector of the Department Copyright and Related Rights, also reported about the specific national legislation on the traditional knowledge and folklore. He accentuated the requirement of adjusting the national legislation as well as necessity to assume the positive practice of other countries in this field.

Further on, there were initiated discussions based on the above mentioned problems, Grigore Botezatu, Doctor habilitate in folkloristics mentioned that today there exist 16 volumes of the folkloric creations gathered during the researches in the field, expeditions, used and stored into the archive. He confirmed the fact of unauthorized utilization of our folkloric creations harming the entire people. At the same time the idea was given to convene an European Conference dedicated to the creator genius of the anonym author, Nicolae Baiesu,, Doctor habilitate in folkloristic, posed a problem of conservation of the popular creations republican fond, that requires today a modernized resolution. Silviu Tabac, Vice-director of the Institute of Cultural Patrimony, ASM expressed his opinion on the problems of conservation and utilization of the republican collection of the popular creations, the necessity of creating the national archive of folklore and elaboration of the mechanisms of repatriation of the benefits in cases of unauthorized utilization of the folkloric creations.

The guests express different opinions on the above problem, considered to continue discussions in relation of the protection of the traditional knowledge and folkloric creations with the aim to define the general position of our country, with further transfer of the elaborations to the WIPO Secretariat in order to facilitate the work of the further sessions of the Intergovernmental Committee.