WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge

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Content:

• WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge was adopted recently.

About WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge.

• Held under the aegis of WIPO at its headquarters in Geneva.
• Conducted from May 13 to May 24, 2024.
• This is the 27th treaty adopted under the World Intellectual Property Organization (WIPO).
• It is the first new treaty in a decade, highlighting its significance and the long gap since the last treaty.
• The treaty’s proposal was first introduced by Colombia in 1999.
• Negotiations officially began in 2021 and culminated in this diplomatic conference.

Mandatory Disclosure:

• Patent applicants must disclose the country of origin or the source of the genetic resources when the claimed invention is based on these resources.
• Applicants must also disclose the Indigenous Peoples or local community who provided the traditional knowledge if the patent is based on such knowledge.

Entry into Force:

• The treaty will come into force once it is ratified by 15 parties.
• After adoption, the treaty was opened for signature.
• Signing the treaty indicates intent to comply with its provisions but does not legally bind a country to it.

Significance

• It is the first treaty to specifically address genetic resources (GRs) and traditional knowledge (TK) held by Indigenous Peoples and local communities.
• The treaty aims to make the IP system more inclusive, catering to the needs of diverse countries and communities.
• This is the first WIPO treaty to include provisions specifically for Indigenous Peoples and local communities.
• Current laws prevent the patenting of genetic resources themselves but allow protection for inventions developed using them, often based on traditional knowledge.
• India possesses 7-8% of the world's biodiversity.
• The country has a rich repository of knowledge based on these genetic resources.
• The treaty is particularly significant for India due to its vast biodiversity and traditional.

Unaddressed Concerns:

• Issues of Biopiracy-
  • Despite the treaty's advancements, it does not fully resolve the issue of biopiracy—unauthorized use of genetic resources and traditional knowledge.
  • The Honey Bee Network, a grassroots innovation network in India, pointed out that non-disclosure of traditional knowledge sources in patent applications is still not grounds for patent revocation.
  • This remains a significant gap in the treaty.
• Nagoya Protocol issues
  • The Nagoya Protocol under the Convention on Biological Diversity ensures benefits from the use of traditional knowledge are shared with the communities that preserved it.
  • However, there are very few examples of effective benefit-sharing in practice.

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation Adoption: Adopted on October 29, 2010, in Nagoya, Japan, under the Convention on Biological Diversity (CBD). Entry into Force: Came into force on October 12, 2014. Objectives: i. Fair and Equitable Sharing: Ensure the fair and equitable sharing of benefits arising from the utilization of genetic resources, thereby contributing to the conservation and sustainable use of biodiversity. ii.Access to Genetic Resources: Establish a transparent legal framework to facilitate access to genetic resources and associated traditional knowledge. Provisions: i.Prior Informed Consent (PIC): Requires users to obtain prior informed consent from the provider country before accessing genetic resources. ii.Mutually Agreed Terms (MAT): Stipulates that access to genetic resources should be based on mutually agreed terms between the provider and the user. iii.Benefit-Sharing: Mandates the sharing of benefits (monetary or non-monetary) arising from the use of genetic resources with the provider country and indigenous communities. Implementation Mechanisms: i.Compliance Measures: Obligates parties to ensure compliance with domestic regulations on access and benefit-sharing (ABS) and to support compliance with MAT. ii.National Focal Points (NFPs): Each party must establish a national focal point to facilitate access and provide information on ABS procedures. iii.Competent National Authorities (CNAs): Countries designate competent national authorities to grant access and oversee the implementation of PIC and MAT.

Conclusion

• The WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge represents a milestone in the protection of traditional knowledge and genetic resources. It mandates the disclosure of origins for patent applications, aiming to safeguard the interests of provider countries and Indigenous communities. However, it also highlights ongoing challenges, such as the need for effective implementation and addressing biopiracy concerns. For India and other countries of the global South, this treaty is a significant step towards a more inclusive and equitable IP system.

Source:

https://indianexpress.com/article/explained/why-indian-armed-forces-will-shift-to-integrated-theatre-commands-9348371/

PRACTICE QUESTION Q. Which of the following statements is/are correct regarding the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge? The treaty was held under the aegis of WIPO at its headquarters in Geneva from May 13 to May 24, 2024. This treaty is the 27th adopted under WIPO and marks the first new treaty in a decade. The treaty requires patent applicants to disclose the country of origin of genetic resources and the Indigenous Peoples or local community providing traditional knowledge if the patent is based on such knowledge. The treaty will come into force immediately after its adoption at the diplomatic conference. Select the correct answer using the code given below: A. 1 and 2 only B. 1, 2, and 3 only C. 3 and 4 only D. 1, 2, 3, and 4 Answer: B