Context
- After 25 years of negotiations, the World Intellectual Property Organization (WIPO) Treaty, associated with genetic resources and traditional knowledge was concluded in Geneva.
What are Genetic Resources and Associated Traditional Knowledge?
- Genetic resources (GRs) are present in things like medicinal plants, 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.
- Associated Traditional Knowledge: 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.
About the treaty
- The treaty will establish in international law a new disclosure requirement for patent applicants whose inventions are based on genetic resources and associated traditional knowledge.
- The treaty after entering 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 Genetic Resources and Traditional Knowledge, which while currently protected in India are prone to misappropriation in countries, which do not have disclosure of obligations.
Significance
- This is the first WIPO treaty to address the interface between intellectual property, genetic resources, and traditional knowledge
- It is also the first WIPO treaty to include provisions specifically for indigenous peoples and local communities.
Way Ahead
- The treaty on intellectual property, genetic resources, and associated traditional knowledge at the World Intellectual Property Organization (WIPO) is a “significant win” for India and the global South, comprising mainly low-income and developing countries.
- It paves the way for bridging conflicting paradigms within the Intellectual Property (IP) system.
| World Intellectual Property Organization (WIPO)
– It is a self-funding agency of the United Nations, that serves the world’s innovators and creators, ensuring that their ideas travel safely to the market and improve lives everywhere. – Members: The organization has 193 member states including both developing and developed nations like India, Italy, Israel, Austria, Bhutan, Brazil, China, Cuba, Egypt, Pakistan, the U.S., and the U.K. – Headquarters: Geneva, Switzerland.
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