Traditional knowledge and genetic resources that have contributed to such wisdom — abundant in India — will soon be inscribed into the global intellectual property (IP) system as, in a significant move, the World Intellectual Property Organization (WIPO) has signed a treaty on intellectual property, Genetic resources and associated traditional knowledge at Geneva last week.
The treaty on ratification and entry into force will require contracting parties to put in place, mandatory disclosure obligations for patent applicants to disclose the country of origin or source of the genetic resources when the claimed invention is based on genetic resources or associated traditional knowledge. This will offer added protection to Indian GRs and TK, which while currently protected in India are prone to misappropriation in countries, which do not have disclosure of obligations. Therefore, by creating global standards on disclosure of origin obligations, this treaty creates an unprecedented framework within the IP system for provider countries of Genetic resources and associated traditional knowledge.
‘The treaty on ratification and entry into force will require contracting parties to put in place, mandatory disclosure obligations for patent applicants to disclose the country of origin or source of the genetic resources when the claimed invention is based on genetic resources or associated traditional knowledge.’
A significant win for countries of the global South and for India, which is a mega biodiversity hotspot with abundance of traditional knowledge and wisdom, this is the first time the system of knowledge and wisdom which have supported economies, societies and cultures for centuries are getting recognised by the global IP community. With the majority of the developed countries on board, this treaty paves the way for bridging conflicting paradigms within the IP system and the protection of biodiversity which have existed for decades.
According to the government of India, the treaty will not only safeguard and protect biodiversity but will increase transparency in the patent system and strengthen innovation. Through this, the IP system can continue to incentivize innovation while evolving in a more inclusive way, responding to the needs of all countries and their communities. Ater two decades of negotiations and with collective support this treaty has been adopted at the multilateral fora,with a consensus among more than 150 countries.
The President of the Diplomatic Conference, Ambassador Guilherme de Aguiar Patriota, who is also Brazil’s Permanent Representative to the World Trade Organization, brought down the gavel to mark consensus approval of the new WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge PDF, WIPO TREATY ON INTELLECTUAL PROPERTY, GENETIC RESOURCES AND ASSOCIATED TRADITIONAL KNOWLEDGE.
“Today we made history in many ways. This is not just the first new WIPO Treaty in over a decade but also the first one that deals with genetic resources and traditional knowledge held by Indigenous Peoples as well as local communities. Through this, we are showing that the IP system can continue to incentivize innovation while evolving in a more inclusive way, responding to the needs of all countries and their communities,” said WIPO Director General Daren Tang.
“Today we made history in many ways. This is not just the first new WIPO Treaty in over a decade but also the first one that deals with genetic resources and traditional knowledge held by Indigenous Peoples as well as local communities.”
WIPO Director General Daren Tang
At present, only 35 countries have some form of disclosure obligations, most of which are not mandatory and do not have appropriate sanctions or remedies in place for effective implementation. This treaty will require contracting parties, including the developed world, to bring changes in their existing legal framework for enforcing disclosure of origin obligations on patent applicants.
The treaty marks the start of the journey to achieve collective growth and deliver the promise of a sustainable future, a cause which India has championed for centuries.
What Does the Treaty Do?
Broadly, where a claimed invention in a patent application is based on genetic resources, each contracting party shall require applicants to disclose the country of origin or source of the genetic resources. Where the claimed invention in a patent application is based on traditional knowledge associated with genetic resources, each contracting party shall require applicants to disclose the Indigenous Peoples or local community, as applicable, who provided the traditional knowledge.
What are Genetic Resources and associated Traditional Knowledge?
Genetic resources are contained in, for example, medicinal plants, agricultural crops, and animal breeds. While genetic resources themselves cannot be directly protected as intellectual property, inventions developed using them can, most often through a patent. Some genetic resources are also associated with traditional knowledge through their use and conservation by Indigenous Peoples as well as local communities, often over generations. This knowledge is sometimes used in scientific research and, as such, may contribute to the development of a protected invention.
“We’ve been waiting for this moment for 25 years,” said Ambassador Patriota.