WIPO Treaty 2024 on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge aims to enhance the patent system’s efficacy and prevent erroneous grants regarding genetic resources and traditional knowledge. It’s a milestone for the global South, acknowledging the link between local communities and their resources. The treaty will require patent applicants to disclose the origin of genetic resources, offering additional protection to Indian resources and knowledge. It compels countries to enforce disclosure obligations, fostering sustainable growth and a promising future.
WIPO (treaty on) Intellectual property (IP), genetic resources, and associated traditional knowledge.
Geneva, May 24, 2024
PR/2024/919
The objectives of this WIPO Treaty 2024 are to:
(a) enhance the efficacy, transparency and quality of the patent system with regard to genetic resources and traditional knowledge associated with genetic resources, and
(b) prevent patents from being granted erroneously for inventions that are not novel or inventive with regard to genetic resources and traditional knowledge associated with genetic resources.
The Impact of the WIPO Treaty 2024 on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge
The World Intellectual Property Organization (WIPO) treaty (PDF) on intellectual property, genetic resources, and associated traditional knowledge represents a significant achievement for countries of the global South, particularly for India, renowned for its abundant traditional knowledge and biodiversity.
WIPO Treaty 2024: link between local communities and their genetic resources
This monumental development marks the first instance where the knowledge and wisdom that have historically underpinned economies, societies, and cultures are formally integrated into the global intellectual property (IP) system. The treaty’s recognition of the link between local communities and their genetic resources (GRs) and associated traditional knowledge (ATK) is a historic milestone, long advocated by India as a custodian of traditional knowledge and biodiversity.
Foremost, the treaty is poised to not only safeguard and protect biodiversity but also enhance transparency in the patent system and bolster innovation. Consequently, the IP system is primed to incentivize innovation while evolving in a more inclusive manner to address the diverse needs of all countries and their communities.
WIPO Treaty, a major victory for India and the global South
Notably, this treaty represents a major victory for India and the global South, which have long championed this instrument. Following two decades of negotiations and garnering collective support, the treaty has been embraced at the multilateral level, securing consensus among over 150 countries. With the participation of a majority of developed countries, which generate intellectual property and utilize these resources and knowledge for research and innovation, the treaty lays the groundwork for reconciling conflicting paradigms within the IP system and the conservation of biodiversity, an issue that has persisted for decades.
WIPO treaty, additional protection to Indian genetic resources, and traditional knowledge
Crucially, upon ratification and entry into force, the treaty will necessitate contracting parties to implement mandatory disclosure obligations for patent applicants, requiring them to divulge the country of origin or source of genetic resources when the claimed invention is based on such resources or associated traditional knowledge.
This provision is poised to afford additional protection to Indian genetic resources and traditional knowledge, which, despite being currently safeguarded in India, are susceptible to misappropriation in countries where disclosure obligations are absent. By establishing global standards on disclosure of origin obligations, this treaty introduces an unparalleled framework within the IP system for provider countries of genetic resources and associated traditional knowledge.
WIPO treaty: legal frameworks to enforce disclosure
As of now, only 35 countries have some form of disclosure obligations, most of which are not mandatory and lack adequate sanctions or remedies for effective enforcement. Consequently, this treaty will compel contracting parties, including developed nations, to revise their existing legal frameworks to enforce disclosure of origin obligations on patent applicants.
Ultimately, the treaty signifies the commencement of a collective journey aimed at fostering sustainable growth and delivering on the promise of a sustainable future—a cause that India has long championed.
Technicalities of the WIPO treaty
This Treaty may only be revised by a Diplomatic Conference, in accordance with the Vienna Convention on the Law of Treaties. The convocation of any such Diplomatic Conference shall be decided by the Assembly.
This Treaty shall be open for signature at the Diplomatic Conference in Geneva and thereafter at the headquarters of WIPO by any eligible party for one year after its adoption.
This Treaty shall enter into force three months after 15 eligible parties referred to in Article 12 have deposited their instruments of ratification or accession.
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