TAG: GS 2: INTERNATIONAL RELATIONS
THE CONTEXT: The World Intellectual Property Organization (WIPO) has adopted a new treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge.
EXPLANATION:
- The Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge was finalized during a diplomatic conference held at WIPO’s headquarters in Geneva from May 13 to May 24, 2024.
- This marks WIPO’s 27th treaty and the first new one in over a decade.
Background of the Treaty
- The proposal for the treaty originated in 1999 from Colombia.
- Negotiations officially began in 2021 and culminated in the diplomatic conference in 2024.
- This treaty aims to address the intellectual property (IP) rights concerning genetic resources and the traditional knowledge held by Indigenous Peoples and local communities.
- It represents not only a new direction for WIPO but also an evolution of the IP system to be more inclusive and responsive to the needs of all countries and their communities.
Key Provisions of the Treaty
- The treaty mandates that applicants for patents involving genetic resources must disclose the country of origin or source of these resources.
- Additionally, if the invention is based on traditional knowledge, the applicant must disclose the Indigenous Peoples or local community that provided this knowledge.
- This requirement is particularly beneficial for countries rich in biodiversity, like India, which holds 7-8% of global biodiversity.
- The treaty aims to ensure that these countries and their communities benefit from the use of their genetic resources and traditional knowledge.
India’s Position
- India actively participated in the negotiations and submitted modifications to the treaty text.
- However, these modifications were not included in the final text due to a lack of consensus.
- Despite this, the Indian government, through the Department for Promotion of Industry and Internal Trade, expressed that the progress made at the Diplomatic Conference underscores a collective commitment to addressing these issues.
- India has a vast repository of traditional knowledge and genetic resources.
- The treaty’s provisions are expected to help protect and benefit from this heritage.
- However, India also pointed out that the treaty does not fully address the problem of biopiracy and the non-disclosure of traditional knowledge sources, which remains a concern.
Challenges and Criticisms
- Biopiracy and Traditional Knowledge
- The treaty, while groundbreaking, does not entirely resolve the issue of biopiracy—where genetic resources and associated traditional knowledge are used without proper authorization or compensation.
- The Honey Bee Network, a grassroots innovation network in India, highlighted that non-disclosure of traditional knowledge in patent applications is still not grounds for revocation, which is a significant gap.
- Comparison with the Nagoya Protocol
- The Nagoya Protocol under the Convention on Biological Diversity ensures that benefits from traditional knowledge are shared with the communities that protect these resources.
- However, there are few examples of effective implementation.
- The new WIPO treaty aims to build on such frameworks but will require robust enforcement to make a tangible impact.
Ratification and Implementation
- The treaty will enter into force once 15 parties ratify it.
- Although it was opened for signature following its adoption, signing the treaty indicates a country’s intent but does not legally bind it to the treaty’s provisions.
World intellectual property organization:
- The World Intellectual Property Organization (WIPO) is one of the 15 specialized agencies of the United Nations (UN).
- Formation: 14th July 1967.
- It began operations on 26 April 1970 when the convention entered into force
- Headquarter: Geneva, Switzerland
- WIPO also works with governments, nongovernmental organizations (NGOs), and individuals to utilize IP for socioeconomic development.
- WIPO currently has 193 member states, including 190 UN member states and the Cook Islands, Holy See and Niue; Palestine has permanent observer status.
- The only non-members are the Federated States of Micronesia, Palau and South Sudan.
- India joined WIPO in 1975.
