WIPO New Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge: Top points
On May 24, 2024, after 25 years of negotiations, the World Intellectual Property Organization (WIPO) member states approved the Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. It is the first treaty to link intellectual property, genetic heritage, and the knowledge of indigenous peoples.
Below, we take a closer look at the treaty and its key implications.
Background
Genetic resources are any plant, animal, or microbial material, or organic material from another origin, containing functional units of heredity. In practice, genetic resources mainly include medicinal plants, agricultural crops, and animal breeds, among others. Their definition excludes human genetic resources.
In many cases, genetic resources are linked to the ancestral or traditional knowledge of indigenous peoples or local communities through techniques, skills, and practices developed and passed down through generations.
Such knowledge is often used in scientific research and innovation. Even when these resources cannot be protected per se, they are frequently used to develop new technologies that can be patented.
What is the issue at hand?
It is common for the ancestral or traditional knowledge associated with these resources to rest in verbal or moderately written traditions, scarcely disseminated beyond the community and communicated only from generation to generation.
As a consequence, this knowledge may not be evident to Patent Office experts in their searches of the state of the art. This can contribute to third-party appropriation of genetic resources and traditional knowledge through the granting of patents.
What does the treaty propose?
The treaty proposes the establishment of a duty for patent applicants to disclose inventions that are based to some extent on genetic resources and/or associated ancestral or traditional knowledge.
The applicant will be required to disclose (i) the country of origin of the genetic resources or their source and (ii) the indigenous peoples or the local community that provided the referred knowledge. This practice aims to avoid the erroneous granting of patents with respect to inventions that are not novel or do not involve sufficient inventive steps in relation to such resources and knowledge.
In the event that such information is not disclosed, the contracting countries may interpose appropriate and effective legal, administrative, and/or political measures. It should be noted that such measures cannot include the invalidation or dispossession of the patent rights unless there has been a fraudulent breach of the disclosure obligation.
Going forward
By recognizing genetic heritage and the knowledge of local peoples and indigenous communities, the treaty aims to improve the transparency, fairness, and quality of the global patent system.
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