Historic WIPO Treaty On Intellectual Property And Genetic Resources Adopted

World Intellectual Property Organisation (WIPO) member states have approved a new Treaty concerning intellectual property (IP), genetic resources, and associated traditional knowledge. This marks a significant milestone, concluding decades of negotiations. The Treaty is the first of its kind to address the intersection of IP, genetic resources, and traditional knowledge, and includes provisions specifically for Indigenous Peoples and local communities.

The Treaty will come into force once it has 15 contracting parties. It will establish a new international law requirement for patent applicants to disclose the origin of genetic resources and associated traditional knowledge used in their inventions. Negotiations for this Treaty began at WIPO in 2001, following a proposal by Colombia in 1999. These discussions were notable for including Indigenous Peoples and local communities.

Under the new Treaty, if a claimed invention in a patent application is based on genetic resources, each contracting party will require applicants to disclose the country of origin or source of these resources. Similarly, if the invention is based on traditional knowledge associated with genetic resources, applicants must disclose the Indigenous Peoples or local community who provided this knowledge.

Genetic resources are found in medicinal plants, agricultural crops, and animal breeds. While these resources cannot be directly protected as intellectual property, inventions developed using them can be protected through patents. Some genetic resources are linked with traditional knowledge due to their use and conservation by Indigenous Peoples and local communities over generations.

This traditional knowledge is sometimes utilised in scientific research and can contribute to the development of protected inventions. The new Treaty aims to ensure that the contributions of Indigenous Peoples and local communities are recognised and respected in the patent process.

Historical Context

The approval of this Treaty concludes a lengthy negotiation process that began over two decades ago. Initiated by Colombia's proposal in 1999, formal negotiations started at WIPO in 2001. The inclusion of Indigenous Peoples and local communities in these discussions was a significant aspect of the negotiation process.

The Treaty represents a collaborative effort to balance the protection of intellectual property with the rights and contributions of those who have conserved and utilised genetic resources for generations. It aims to promote transparency and fairness in the patent application process by requiring disclosure of the origins of genetic resources and associated traditional knowledge.

Implementation

Once ratified by 15 contracting parties, the Treaty will become part of international law. This will create a standardised requirement for patent applicants globally, ensuring that the origins of genetic resources and traditional knowledge are disclosed. This step is expected to enhance transparency and respect for the contributions of Indigenous Peoples and local communities in scientific research and innovation.

The approval of this Treaty by WIPO member states marks a significant development in international intellectual property law. It acknowledges the importance of genetic resources and traditional knowledge while ensuring that those who have preserved these resources are recognised in the patent process.

With inputs from WAM