Member States of the World Intellectual Property Organization (WIPO) adopted “The Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge” at the Diplomatic Conference held under the aegis of the WIPO in Geneva, between May 13 and May 24, 2024.
Key highlights
- This is the 27th treaty under WIPO and the first in the last 10 years.
- The Treaty mandates that, where a patent application involves genetic resources, the applicant must disclose the country of origin or source.
- If traditional knowledge associated with genetic resources is involved, the applicant must disclose the Indigenous Peoples or local community that provided it.
- The treaty is important to India as the country holds 7-8 per cent of global biodiversity and a rich repertoire of knowledge based on these genetic resources.
- The treaty will enter force after 15 parties ratify it. After adoption, the treaty was opened for signature.
- However, signing the treaty at the end of a diplomatic conference does not commit a country to being bound by its provisions.
- It is the first WIPO treaty to include provisions specifically for Indigenous Peoples and Local Communities. This is important because under current laws, while genetic resources themselves cannot be patented, inventions developed using them can be protected. Most often, these inventions are based on traditional knowledge of Indigenous Peoples and local communities.
