WIPO Treaty on Genetic Resources and Traditional Knowledge

WIPO (World Intellectual Property Organization) member states have approved a landmark new WIPO Treaty addressing intellectual property (IP), genetic resources (GRs), and associated traditional knowledge (ATK). This unprecedented development marks a historic milestone in the global IP regime, bringing decades of negotiations to fruition.

Key Highlights of the WIPO Treaty

• The newly adopted WIPO Treaty is a significant victory for the Global South, particularly for India, a megadiverse country rich in biodiversity and traditional knowledge.
• For the first time, systems of ancient knowledge—sustaining societies and cultures for centuries—have been formally integrated into the global intellectual property framework.
• The treaty establishes formal recognition of the connection between local communities and their genetic resources and traditional knowledge, aligning with long-standing demands by nations like India.
• The adoption involved over 150 WIPO member states, culminating in a rare consensus on a complex and sensitive issue.

Significance of the New WIPO Treaty

• The treaty will help protect biodiversity, prevent misappropriation, and increase transparency within the patent system.
• It aligns the IP system with the principles of inclusivity and equity, encouraging innovation while respecting the rights of Indigenous and local communities.
• The new WIPO treaty bridges decades-long conflicts between biodiversity protection and IP enforcement, particularly in developed countries.
• It empowers developing countries, which often serve as sources of genetic material and knowledge, by establishing clear obligations for patent disclosures.

What the WIPO Treaty Mandates

• Mandatory Disclosure: Patent applicants must disclose the country of origin or source of genetic resources and associated traditional knowledge used in their inventions.
• If traditional knowledge is involved, applicants must also specify the Indigenous Peoples or local community that provided it.
• Genetic resources, including medicinal plants, crops, and animal breeds, although not patentable themselves, are often utilized in inventions.
• The treaty ensures international legal protection against the unauthorized use of GRs and ATK by requiring mandatory disclosures, even in countries that lack domestic disclosure laws.
• Once ratified by 15 contracting parties, the treaty becomes a binding international legal framework under WIPO.

Understanding Genetic Resources and Traditional Knowledge

• Genetic Resources (GRs): Found in nature—such as medicinal plants, agricultural crops, and animal breeds—these resources are vital for research and innovation.
• Associated Traditional Knowledge (ATK): Indigenous and local communities have preserved and applied this knowledge for generations, often contributing to scientific breakthroughs.
• GRs cannot be patented directly, but inventions derived from them can be protected—making clear disclosure essential for IPR fairness and accountability.

India’s Role and National Initiatives

India has long championed the cause of protecting genetic resources and traditional knowledge. The following initiatives highlight its leadership in this area:

1. Traditional Knowledge Digital Library (TKDL)

• Launched in 2001 by CSIR and the AYUSH Ministry, TKDL is a multilingual database of traditional medicinal knowledge.
• It aims to prevent bio-piracy and wrongful patent grants, addressing around 2,000 misappropriation cases annually.

2. Patents (Amendment) Act, 2005

• Mandates the disclosure of origin for biological materials used in inventions.
• Non-disclosure of traditional knowledge can lead to patent rejection.

3. Trademark Act, 1999

• Facilitates protection for biological and agricultural products, especially those originating from indigenous communities.

4. National Gene Bank

• Established in 1996, it conserves plant genetic resources (PGRs), capable of storing one million germplasm units.

5. National Bureau of Plant Genetic Resources (NBPGR)

• Under ICAR, it plays a critical role in conserving plant biodiversity.

6. National Bureau of Animal Genetic Resources (NBAGR)

• Also under ICAR, NBAGR is responsible for cataloguing and conserving animal genetic resources in India.

About WIPO: The World Intellectual Property Organization

• WIPO is a UN specialized agency headquartered in Geneva, created by the WIPO Convention of 1967.
• It aims to develop a balanced and accessible international IP system to foster innovation and creativity.
• WIPO comprises 193 member states, with India joining in 1975.
• It hosts multilateral negotiations, develops IP standards, and produces global reports such as the Global Innovation Index.
• WIPO serves as a global platform for governments, industries, and civil society to address emerging IP challenges.

WIPO-Administered Treaties

WIPO administers multiple international treaties that shape the global IP landscape:

1. Budapest Treaty

• Ensures the recognition of microorganisms deposited for patent purposes across all member states.

2. WIPO Performances and Phonograms Treaty (WPPT)

• Protects the rights of performers and producers in the digital environment.

3. Madrid Protocol

• Enables international trademark registration through a single application valid in multiple countries.

4. WIPO Copyright Treaty

• A special agreement under the Berne Convention focusing on digital copyright protections.

Conclusion

The WIPO Treaty on Genetic Resources and Associated Traditional Knowledge is a landmark achievement in international law. It reflects the global community’s commitment to biodiversity protection, transparency in IP, and the inclusion of traditional knowledge holders in innovation systems. India’s proactive role and national initiatives underscore its leadership in advocating for equitable and inclusive IP reforms under the WIPO framework.

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