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WIPO Treaty
Context
The World Intellectual Property Organization (WIPO) adopted a groundbreaking treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge. This marks the 27th treaty under WIPO and the first in a decade.
Background:
- Negotiations began in 2021, originating from a proposal by Colombia in 1999.
- The diplomatic conference in Geneva finalized the treaty, showcasing a historic moment.
Key Provisions:
- This is the first WIPO Treaty to address the interface between intellectual property, genetic resources and traditional knowledgeand the first WIPO Treaty to include provisions specifically for Indigenous Peoples as well as local communities.
- Once it enters into force, the treaty will establish in international law a new disclosure requirement for patent applicants whose inventions are based on genetic resources and/or associated traditional knowledge.
- It addresses concerns about patents derived from traditional knowledge, a prevalent issue.
- 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.
- Significance for India:
- India, with its vast biodiversity and traditional knowledge, finds the treaty crucial. India holds 7-8 per cent of global biodiversity and a rich repertoire of knowledge based on these genetic resources.
- The treaty underscores collective efforts to address pertinent issues, despite some unresolved nuances.
- Challenges: Despite progress, the treaty doesn't fully tackle biopiracy concerns. Non-disclosure of traditional knowledge sources in patents remains unaddressed.
Fact Box: About WIPO
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