KEY PROVISIONS EXPLAINED-WIPO TREATY ON INTELLECTUAL PROPERTY, GENETIC RESOURCES AND ASSOCIATED TRADITIONAL KNOWLEDGE

The World Intellectual Property Organisation (WIPO) Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge, adopted in May 2024, marks a significant milestone in addressing the interface between intellectual property, genetic resources, and traditional knowledge. This treaty is the first under WIPO to include provisions specifically for indigenous people and local communities.

Objective of the Treaty

The treaty aims to enhance the efficacy, transparency, and quality of the patent system concerning genetic resources and traditional knowledge, thereby, establishing a global standard on mandatory disclosure of origin of genetic resources and associated traditional knowledge in patent applications.

Key Provisions

Article 3: Disclosure requirements

According to article 3, if a patent application is based on genetic resources, applicants are required to disclose the country of origin or source of genetic resources. However, if the country of origin is unknown or such information does not apply, the applicants need to disclose source of genetic resources.

Additionally, if a patent application is based on traditional knowledge associated with genetic resources, the applicant is required to disclose either the indigenous people or local community who provided the traditional knowledge associated with genetic resources, or, if such information is unknown or not applicable, the applicants must disclose source from which the traditional knowledge was obtained.

Article 4: Non-Retroactivity

As per article 4, the treaty does not apply to patent applications filed before the treaty entered into force for the contracting party. Existing national laws regarding earlier applications remain effective.

Article 5: Sanctions and RemediesAccording to article 5, the contracting parties are required to have effective legal, administrative, and/or policy measures to address failures to disclose the information required in Article 3, before implementing sanctions or remedies, including opportunities to rectify omissions unless fraudulent conduct or intent is involved.

Article 6: Information Systems

As per article 6, the contracting parties may establish information systems such as databases of genetic resources and related traditional knowledge, in consultation with indigenous peoples, local communities, and other stakeholders. These databases can then be made accessible to patent offices, with safeguards and possible authorisation requirements, to help in searching and examining patent applications. Additionally, the Assembly of Contracting Parties may set up technical working groups to address issues related to managing and providing safe access to such databases.

Conclusion

The WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge represents a significant step towards protecting genetic resources and traditional knowledge. As India is a provider of traditional knowledge and repository of biodiversity, this treaty helps to prevent misappropriation of India’s genetic resources and traditional knowledge, increase transparency in the patent system, and create a global standard for disclosure obligations.