Member states of the World Intellectual Property Organization (WIPO) approved a new treaty in the scope of intellectual property, genetic resources and associated traditional knowledge at a diplomatic conference held in Geneva. This treaty is anticipated to reinforce the efficacy, transparency, and integrity of the patent system, as well as to prevent unwarranted granting of patents for inventions that are not innovative or inventive concerning genetic resources and traditional knowledge associated with genetic resources.
Intellectual property (IP), encompasses creations of the mind, such as inventions and is secured by law via patents, copyrights, and trademarks. This protection enables inventors to gain recognition and financial rewards from their creations. Under the 1967 Convention, the WIPO was established to supervise the protection and promotion of IP across the globe.
The development of this treaty launched in 1999 was initiated by Colombia, and began at WIPO in 2001. The discussions were complemented by the inclusion of indigenous peoples and local communities throughout the process. The agreement was ultimately approved by unanimous consensus of 193 WIPO member states, following a negotiation process of 25 years. This marks the first WIPO Treaty to confront the interplay of intellectual property, genetic resources, and traditional knowledge, providing measures to protect the rights of indigenous peoples and local communities specifically. It has been hailed as a significant breakthrough.
The treaty stipulates that for any claimed invention in a patent application based on genetic resources, applicants are obliged to disclose the country of origin or source of these genetic resources. Similarly, for claims based on traditional knowledge associated with genetic resources, applicants must disclose the indigenous peoples or local community that provided the traditional knowledge.
Genetic and related biological resources, often embodied in medicinal plants and agricultural crops, are frequently employed in patented inventions, despite themselves being non-patentable. They represent a distinctive subject matter for IP protection that emerged with the commencement of modern life sciences innovation during the mid-1970s.
Traditional knowledge, encompassing wisdom, know-how, skills, and practices passed down through generations within a communal structure, often makes up a large part of a community’s cultural or spiritual identity. It ties closely with conserved genetic resources used by indigenous peoples and local communities and plays a vital role in scientific research and invention development. Consequently, numerous indigenous peoples, local communities and governments seek IP protection for traditional knowledge as invaluable intangible assets.
The treaty, once in effect with 15 contracting parties, will formulate a new disclosure requirement under international law for patent applicants whose inventions are based on genetic resources and/or associated traditional knowledge. As WIPO’s Director-General, Daren Tang, stated, this is not merely the inaugural WIPO Treaty in over ten years, but also the first one addressing the intricate relationship between genetic resources, traditional knowledge, and intellectual property concerning Indigenous Peoples and local communities.