• Members of the World Intellectual Property Organisation (WIPO) approved a new treaty related to intellectual property (IP), genetic resources and associated traditional knowledge, marking a historic breakthrough that capped decades of negotiations.

• The ‘Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge’ was adopted on May 24 at the WIPO headquarters in Geneva after 192 countries and 86 observers participated in the two-week negotiations from May 13-24 at a Diplomatic Conference.

• This is the first WIPO Treaty to address the interface between intellectual property, genetic resources and traditional knowledge and the first WIPO Treaty to include provisions specifically for Indigenous Peoples as well as local communities.

• The Treaty, once it enters into force with 15 contracting parties, 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 was initiated in 1999 with a proposal by Colombia and negotiations for this Treaty began at WIPO in 2001, where discussions were notable for their inclusion of Indigenous Peoples as well as local communities.

What are genetic resources and associated traditional knowledge?

• Genetic resources are contained in, for example, medicinal plants, agricultural crops, and animal breeds. 

• While genetic resources themselves cannot be directly protected as intellectual property, inventions developed using them can, most often through a patent.

• Some genetic resources are also associated with traditional knowledge through their use and conservation by Indigenous Peoples as well as local communities, often over generations. 

• The traditional knowledge associated with these resources, conserved and used by Indigenous Peoples and local communities over generations, plays a crucial role in scientific research and the development of new inventions.

What does the Treaty do?

• 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.

• At present, only 35 countries have some form of disclosure obligations, most of which are not mandatory and do not have appropriate sanctions or remedies in place for effective implementation.

• By creating global standards on disclosure of origin obligations, this treaty creates an unprecedented framework within the intellectual property (IP) system for provider countries of Genetic resources and associated traditional knowledge. 

• The treaty will provide additional protection for Indian genetic resources and traditional knowledge. Although these are currently protected within India, they are prone to misappropriation in countries, which do not have disclosure obligations.

• The treaty marks the start of the journey to achieve collective growth and deliver the promise of a sustainable future, a cause which India has championed for centuries.

What is WIPO?

• The World Intellectual Property Organization (WIPO) is the global forum for intellectual property policy, services, information and cooperation. 

• A specialised agency of the United Nations, WIPO assists its 193 member states in developing a balanced international IP legal framework to meet society’s evolving needs. 

• Its headquarters is situated in Geneva. 

• It provides business services for obtaining IP rights in multiple countries and resolving disputes. 

• WIPO delivers capacity-building programs to help developing countries benefit from using intellectual property.

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