7
these were noted earlier in the context of the material submitted for the review and
direction of Pacific leaders at the annual gatherings of the Pacific Islands Forum.
There are two aspects of this regional work that merits consideration. First, there are
issues mandated by the political leadership of the region and acknowledged as of
common benefit and value to all countries (to foster, for instance, a sound environment
for investment and trade) and to preserve traditional knowledge. Second, there are
legislative activities being spawned by pressure from international organisations
including the United Nations and the Financial Action Task Force. There are important
policy and legal implications flowing from each that should be examined. I look first at a
sampling of the regional mandated work.
Intellectual property rights
The Forum Secretariat in Suva is presently undertaking work on two broad areas of
Intellectual Property Rights (IPR) and trade related legislation.13 The work on IPR is
aimed at assisting members with legislative reforms through the review and updating of
legislation, or the enactment of new IPR laws; and secondly in the protection of
traditional knowledge. Priority is being given to help countries organise their to
copyright, patent and trademark laws as part of an agreed Regionally Focused Action
Plan, with political mandate from the meeting of Forum Economic Ministers in 2000.
The rationale for this work comes from the recognition that a good IPR system promotes
a confident environment for investment and trade and also to comply with international
obligations under World Intellectual Property Organisation (WIPO) and World Trade
Organisation (WTO). Only five14 of the small island countries have modern copyright
laws, while others either do not have copyright laws, or use laws of their metropolitan
partners. Niue, for instance, adopts the law of New Zealand, and Kiribati that of the
United Kingdom. Most of the small countries are at various stages of drafting and
reviewing of patent and trademarks laws.
Traditional knowledge
There has been concern in recent years over the increasing exploitation of the region's
traditional knowledge and genetic resources for commercial gain mainly by foreign
investors and that, in the absence of agreed international standards or convention, steps
ought to be taken in the Pacific to protect this resource. In 1999 Forum Trade Ministers
mandated the Forum Secretariat to work with other regional organisations on the
development of legal mechanisms for protection of traditional knowledge. Cooperative
work with the Pacific Community (SPC) produced a regional legal framework, including
a model law for the protection of traditional knowledge and cultural expressions (songs,
dances, chants, art, and other forms). The model law has been endorsed by both Culture
Ministers and Trade Ministers of the Forum region. Related work is ongoing, in
cooperation with SPREP, to develop a framework for the protection of traditional
13
I am grateful to the Forum Secretariat for the information relating to the regional activities on IPR,
traditional knowledge and trade related legislation.
14
Fiji, Palau, Papua New Guinea, Tonga and Vanuatu (though legislation in Tonga and Vanuatu are not yet
in force).