WIPO Meeting 2024: New treaty on genetic resources and associated traditional knowledge in place

The Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge was adopted at the Diplomatic Conference held under the aegis of the World Intellectual Property Organization (WIPO) at its headquarters in Geneva, between May 13 and May 24, 2024. This is the 27th treaty under WIPO and the first in the last 10 years.

The diplomatic conference marked the final stage of the negotiations that began in 2021. The treaty is borne of a proposal by Colombia in 1999.

“Today, we made history in many ways. This is not just the first new WIPO Treaty in over a decade but also the first one that deals with genetic resources and traditional knowledge held by Indigenous Peoples as well as local communities. Through this, we are showing that the IP system can continue to incentivise innovation while evolving in a more inclusive way, responding to the needs of all countries and their communities,” said Daren Tang, director general, WIPO after the adoption of the treaty.

The treaty would ensure that whenever there is a claimed invention on genetic resources, the applicants will have to disclose the country of origin or source of the genetic resources. Similarly, the applicant would also have to disclose the Indigenous Peoples or local community who provided the traditional knowledge, in case the patent is based on traditional knowledge.

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. In a tweet, the Department for Promotion of Industry and Internal Trade, Ministry of Commerce & Industry, Government of India highlighted the nuances that still need careful consideration and that the progress made at the Diplomatic Conference underscores the collective commitment to addressing these issues. India had submitted modifications to the text of the treaty but these were not included in the final text due to lack of consensus.

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.

The final text still does not address the problem of the biopiracy of genetic resources and associated traditional knowledge using patents, even though concern has been raised through the years.

In a tweet, the Honey Bee Network grassroots innovation network in India pointed out that non-disclosure of traditional knowledge sources in a patent application is still not grounds for revocation.

The Nagoya Protocol under the Convention on Biological Diversity does ensure that benefits earned through the use of traditional knowledge are shared with the communities that have protected the resource and the associated knowledge for centuries. But there are very few examples of this happening on the ground.

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, however, a strong indication of intent by the signatory.

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