News Excerpt:
The Treaty on Intellectual Property(IP), Genetic Resources and Associated Traditional Knowledge was adopted at the Diplomatic Conference held under the aegis of the World Intellectual Property Organization (WIPO) at its headquarters in Geneva.
More About the News: The diplomatic conference marked the final stage of the negotiations that began in 2021, originating from a proposal by Colombia in 1999. It is the 27th treaty under WIPO and the first in the last 10 years.
Key highlights of Treaty:
- Treaty on Genetic Resources and Traditional Knowledge: It is the first WIPO treaty dealing with genetic resources and traditional knowledge held by Indigenous Peoples and local communities.
- The IP system can continue to incentivise innovation while evolving in a more inclusive way, responding to the needs of all countries and their communities,”
- Disclosure Requirements for Patent Applicants: The treaty ensures that patent applicants must disclose the country of origin or source of genetic resources used in claimed inventions.
- Applicants must also disclose the Indigenous Peoples or local community who provided traditional knowledge if the patent is based on such knowledge.
- Importance to India and Modifications Proposed: The treaty is important to India, which holds 7-8% of global biodiversity and a rich repertoire of knowledge based on these genetic resources.
- India had submitted modifications to the text of the treaty but these were not included in the final text due to lack of consensus.
- Inclusion of Provisions for Indigenous Peoples and Local Communities: It is the first WIPO treaty to include provisions specifically for Indigenous Peoples and Local Communities.
- Genetic resources cannot be patented, but inventions using them, often based on Indigenous and local traditional knowledge, can be protected.
- Protection Against Biopiracy and Non-Disclosure Issues: The final text does not address the problem of biopiracy of genetic resources and associated traditional knowledge using patents. Non-disclosure of traditional knowledge sources in a patent application is still not grounds for revocation.
- Role of the Nagoya Protocol: The Nagoya Protocol under the Convention on Biological Diversity does ensure that benefits earned through the use of traditional knowledge are shared with the communities that have protected the resource and the associated knowledge for centuries
- Ratification Process: The treaty will enter into force after 15 parties ratify it.
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World Intellectual Property Organization (WIPO),
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