Following more than two decades of negotiation, WIPO member states have finally signed the first-of-its-kind international treaty addressing the connection between “Intellectual Property, Genetic Resources, and Associated Traditional Knowledge.” This groundbreaking treaty includes specific provisions aimed at protecting the property rights of native peoples and local communities. The main goal of this new treaty is to make the patent system, especially in the field of life sciences, more transparent in order to prevent the exploitation of genetic resources and traditional knowledge that are essential parts of native cultures.
Genetic resources, which include animal, plant, and microbial species of economic, scientific, social, or environmental value, are often the basis for inventions in various industries. Traditional knowledge, on the other hand, encompasses all forms of cultural habits, beliefs, practices, innovations, and cultural expressions that have been developed, transmitted, and preserved by traditional, indigenous, and local communities over generations. These assets are invaluable to the communities that have nurtured them and should not be subject to improper exploitation by patent holders.
One of the key provisions of the treaty is the introduction of a new disclosure requirement for patent applicants whose inventions are based on genetic resources and/or associated traditional knowledge. Once ratified by at least 15 treaty members, the treaty will come into force, and patent applicants will be required to inform the country of origin of the genetic resources or traditional knowledge upon filing their patent applications. This new requirement aims to ensure that the rights of native peoples and local communities are respected and that they receive proper recognition and compensation for their contributions.
In addition to the disclosure obligations for patent applicants, the treaty also imposes obligations on signatory countries. These countries must implement measures that allow applicants the opportunity to rectify any omissions in their patent applications, except in cases of confirmed fraudulent behavior or intent. Signatory countries are also authorized to create databases containing genetic resources and related traditional knowledge, in consultation with native peoples, local communities, and other stakeholders.
It is important to note that disclosure obligations concerning genetic resources and associated traditional knowledge have already been enacted by over 30 countries, including Brazil, China, India, South Africa, and several European countries. For example, Brazil has been regulating this issue since 2005 through Federal Law No. 13,123/2015, overseen by the Brazilian Patent and Trademark Office (BPTO). Brazil’s proactive stance in protecting the rights of indigenous communities has now been embraced by WIPO through this new treaty.
In conclusion, the new international treaty addressing the connection between Intellectual Property, Genetic Resources, and Associated Traditional Knowledge is a significant step towards ensuring the protection of the rights of native peoples and local communities. By introducing new disclosure requirements for patent applicants and empowering signatory countries to create databases of genetic resources and traditional knowledge, the treaty aims to promote transparency and prevent the exploitation of these valuable assets. For more information on this subject, please contact our Intellectual Property and Innovation team.