In May 2024, the World Intellectual Property Organisation (WIPO) member states achieved a historic milestone with the adoption of the Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge. The first treaty of its kind under WIPO in over a decade, it aims to enhance transparency and equity within the patent system, prevent misappropriation, and uphold the rights of Indigenous Peoples and local communities. Below we explore the treaty’s objectives and its significance for global intellectual property frameworks and biodiversity-rich nations.

Breeds of animals, agricultural crops, and medicinal plants are a few examples of plants that contain genetic resources. Genetic resources cannot be directly protected as intellectual property; nevertheless, inventions made with them can, usually through the use of patents.
Certain genetic resources are also linked to traditional knowledge since local communities and Indigenous Peoples have used and conserved them for many generations. As a result of its occasional usage in scientific study, this knowledge could aid in the creation of a protected invention.  The new treaty therefore sets out to provide protections for countries and peoples who are the source of such genetic resources and traditional knowledge.

Objectives of the Treaty

• • As stated in Article 1, the main goals of the treaty are to:
    – Strengthen the effectiveness, openness, and calibre of the patent system concerning genetic resources and traditional knowledge related to them.
    – Prevent the mistaken granting of patent protection to inventions lacking originality or creative steps concerning genetic resources and traditional knowledge related to them.
    – Oblige disclosure for inventions based on traditional knowledge and genetic resources.
    
    
  • According to Article 3.1 of the treaty, each contracting party shall require applicants to disclose any innovation that is claimed in a patent application and is based on genetic resources and include information on the nation from where the genetic resources originated. If the applicant is lacking the information mandated by Article 3.1(a) or Article 3.1(b), they must reveal the source of the genetic resources.
       
  • The treaty’s Article 3.2 states that each contracting party shall require applicants to disclose if the invention is based on traditional knowledge related to genetic resources and provide details of local groups or Indigenous People who contributed this traditional knowledge related to genetic resources. The source of traditional knowledge related to genetic resources must be disclosed if the applicant lacks the information required by Article 3.2(a) or Article 3.2(b)
    
    
  • Additionally, Article 3.3 stipulates that if the applicant is not aware of any of the information required by Articles 3.1 and 3.2, the contracting parties may require the applicant to make a declaration to that effect, certifying that the information is true and correct to the best of the applicant’s knowledge.
    
    
  • Sanctions and Remedies
    – Article 5.1 of the treaty mandates that each contracting party implement reasonable legal and administrative policy actions in response to the applicant’s refusal to furnish information as required by Article 3.
    
    
  • Information Systems
    – In accordance with Article 6.1 of the treaty, Contracting Parties may create databases and other information systems pertaining to genetic resources and traditional knowledge associated with them, after consulting with local communities of Indigenous Peoples and other relevant parties, where appropriate, and taking into account their unique national circumstances.
    – According to Article 6.2 of the treaty, the contracting party shall provide such information systems to Offices for Patent search and examination (with due diligence and after consulting with stakeholders, local communities, and indigenous people).
    
    
  • General Principles on Implementation
    – In accordance with Article 9.1, Contracting Parties agree to take the required actions to guarantee the application of this treaty.
    – Nothing shall preclude Contracting Parties from applying the provisions of this treaty within their respective legal systems and practices, according to Article 9.2.
    
    
  • Entry in Force
  – As per Article 17, the recently ratified treaty will come into effect three months following the submission of ratification or accession documents by fifteen eligible countries.

What does the treaty mean for India and the Global South?

According to a Ministry of Commerce & Industry PIB Press Release, the WIPO treaty is a big success for biodiversity and traditional knowledge hotspots like India and the Global South.

The Indian Ministry of Commerce & Industry said in the release that the treaty will require “contracting parties to put in place mandatory disclosure obligations for patent applicants to disclose the country of origin or source of the genetic resources when the claimed invention is based on genetic resources or associated traditional knowledge. This will offer added protection to Indian genetic resources and traditional knowledge, which while protected in India but vulnerable to exploitation in nations lacking disclosure obligations, would be further protected. This treaty creates an unprecedented framework within the IP system for provider countries of genetic resources and traditional knowledge.”

The recently ratified treaty is a significant advancement that was eagerly anticipated by all. The treaty has become the “first of its kind” by requiring patent applications related to inventions involving traditional knowledge and genetic resources to include mandatory disclosures that recognize the rights of indigenous communities.