Historic WIPO Treaty First To Address Intersection Of IP, Genetic Resources, And Traditional Knowledge

On May 24, 2024, member states of the World Intellectual Property Organization (WIPO) approved a new WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (the Treaty), marking the first WIPO Treaty to (a) address the interface between these areas; and (b) include provisions for Indigenous Peoples as well as local communities.

Once entered into force, the Treaty will establish the following new disclosure requirements for patent applicants with inventions based on (i) genetic resources; and/or (ii) associated traditional knowledge:

1. If a claimed invention is based on genetic resources, then the applicant must disclose the country of origin or source of the genetic resources.
2. If a claimed invention is based on traditional knowledge associated with genetic resources, then the applicant must disclose the Indigenous Peoples or local community, as applicable, who provided the traditional knowledge.  If this information does not apply to the matter or is not known to the applicant, then the applicant must disclose the source of the traditional knowledge associated with genetic resources.

Under the Treaty, the term genetic resources is given the broad definition of “genetic material of actual or potential value”.  In its press release, WIPO further elaborated on this term, explaining that genetic resources may be contained in “medicinal plants, agricultural crops, and animal breeds”.  Similarly, the phrase source of traditional knowledge associated with genetic resources is broadly defined as “any source from which the applicant has obtained the traditional knowledge associated with genetic resources, such as scientific literature, publicly accessible databases, patent applications and patent publications.”

Following its approval, the Treaty is now open for signature by eligible parties.  The act of signing the Treaty does not commit a country to being bound by its provisions but serves as a strong indication of intent by the signatory.

Summary By: Imtiaz Karamat