Historic Adoption of WIPO Treaty on Intellectual Property
Successful Negotiations and Historic Outcome Delegates at the final stage negotiations, held from May 13 to 24, 2024, cheered and applauded the successful adoption of the new WIPO Treaty. This treaty marks a significant milestone as it is the first to address the interface between intellectual property, genetic resources, and traditional knowledge, including provisions specifically for Indigenous Peoples and local communities.
Key Provisions and Impact The treaty will establish a new disclosure requirement for patent applicants whose inventions are based on genetic resources and/or associated traditional knowledge. This requirement will come into force once 15 contracting parties have ratified the treaty. A signing ceremony is scheduled for later today.
Historical Background Negotiations for this treaty began at WIPO in 2001, initiated by a proposal from Colombia in 1999. The discussions were notable for their inclusion of Indigenous Peoples and local communities, ensuring their voices and interests were represented.
Statements from WIPO Leadership WIPO Director General Daren Tang welcomed the adoption of the treaty and congratulated negotiators, stating:
“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 and local communities. Through this, we are showing that the IP system can continue to incentivize innovation while evolving in a more inclusive way, responding to the needs of all countries and their communities.”
Mr. Tang also emphasized the significance of the consensus reached:
“This agreement by consensus is not just the culmination of a 25-year negotiating journey but also a strong signal that multilateralism is alive and well at WIPO. I thank all of the negotiators, past and present, who worked tirelessly these last two weeks as well as in the past few decades to make history today.”
Ambassador Patriota, reflecting on the treaty, called it “a very carefully balanced outcome of this Diplomatic Conference. It constitutes the best possible compromise and a carefully calibrated solution, which seeks to bridge and balance a variety of interests, some very passionately held and assiduously expressed and defended over the course of decades.”
“We’ve been waiting for this moment for 25 years,” added Ambassador Patriota.
Treaty Provisions
Disclosure Requirements
- For inventions based on genetic resources, each contracting party shall require applicants to disclose the country of origin or source of the genetic resources.
- For inventions based on traditional knowledge associated with genetic resources, applicants must disclose the Indigenous Peoples or local community that provided the traditional knowledge.
Understanding Genetic Resources and Traditional Knowledge
- Genetic resources are found in medicinal plants, agricultural crops, and animal breeds. While these resources cannot be directly protected as intellectual property, inventions developed using them can be, typically through patents.
- Some genetic resources are associated with traditional knowledge due to their use and conservation by Indigenous Peoples and local communities over generations. This knowledge is often used in scientific research, contributing to the development of protected inventions.
This new treaty represents a major step forward in recognizing and protecting the contributions of Indigenous Peoples and local communities to global innovation and intellectual property.
Source: Techeconomy
Read Also
