Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

About the treaty

• The treaty was adopted by consensus among more than 150 countries (including India).
• Negotiations for the Treaty began at WIPO in 2001, initiated in 1999 with a proposal by Colombia.
• This is the first WIPO Treaty to-
  • Address the interface between intellectual property (IP), genetic resources (GRs) and traditional knowledge (TK).
  • Include provisions specifically for Indigenous Peoples as well as local communities.
• Members: Any member states of WIPO may become party to this treaty
• It will come into force 3 months after ratified by 15 parties.
• With regard to Genetic Resources and Associated Traditional Knowledge, the treaty aims to-
• Enhance the efficacy, transparency and quality of the patent system.
  • Prevent patents from being granted erroneously for inventions that are not novel.
• Treaty acknowledged the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and its commitments. 

Key provisions of the Treaty

• Mandatory Patent Disclosure Requirements (PDRs)

• Patent applicants must disclose the country of origin or source of genetic resources when the claimed invention is based on these resources.
• Applicants must also disclose the Indigenous Peoples or local community who provided the traditional knowledge if the patent is based on such knowledge.

• Mandatory legal, administrative, and/or policy Framework at national level: To remedy failure to provide PDRs. 
• Establishment of information systems: Such as databases of GRs and associated TK, in consultation with Indigenous Peoples and local communities, and other stakeholders.
• Assembly: Made up of one delegate for representation of each Contracting Party.
• Other provisions: 
  • Financial assistance for facilitating participation of developing countries or countries in transition to a market economy.
  • Not applicable on patents filed prior to entry into force of this treaty. 
  • Administrative tasks to be performed by International Bureau of WIPO. 

Significance of the Treaty

• Increase transparency in the patent system: The current Intellectual Property (IPR) regimes such as the TRIPS Agreement do not adequately protect TK in the public domain.
• Recognition and Inclusion: Formal recognition of the connection between local communities and their GRs and TK within the global IP system, will make IP framework more inclusive.
• Prevention of Misappropriation: Mandatory disclosure obligations offer added protection to GRs and associated TKin countries without existing disclosure laws.

• At present, only 35 countries have some form of disclosure obligations, most of which are not mandatory and do not have any sanctions in place for effective implementation. 

• Curbing Biopiracy: Prevents companies exploiting the biodiverse South by patenting their TK. 
  • For Instance, the US patent on turmeric for wound healing and Neem oil to prevent fungus were revoked after India proved its long-standing traditional use.
• Encourage ethical innovation: By promoting engagement with source communities of GRs and TK, fostering collaboration, and enhancing international cooperation