The World Intellectual Property Organisation Treaty (WIPO) is a significant win for India and the Global South as it will help in protecting traditional knowledge of these countries, a commerce and industry minister said. On May 26, 2024, after 25 years of discussions and negotiations, a historic relating to genetic resources and traditional knowledge associated with the genetic resources was concluded at the WIPO headquarters in Geneva, a ministry spokesperson said.
“The pact provides additional safeguards to India’s genetic resources and traditional knowledge and protects them from misappropriation by developed countries and multinational firms,” he said. “The agreement could be reached after a two-week long deliberation involving 192 countries and 86 observers who participated from May 13-24 at the diplomatic conference,” he said.
The WIPO Treaty on intellectual property, Genetic Resources (GR) and Associated Traditional knowledge (ATK) is a significant win for countries of the Global South and for India which is a mega biodiversity hotspot with abundance of traditional knowledge and wisdom, the ministry said, in a statement on May 26, 2024. For the first time, the system of knowledge and wisdom which have supported economies, societies and cultures from centuries is now inscribed into the global IP system.
For the first time, the connection between local communities and their Genetic Resources and the Associated traditional Knowledge is recognised in the global IP community, it said. “These are historic achievements long championed by India as the provider of traditional knowledge and wisdom and repository of biodiversity,” it added.
“The treaty will not safeguard and protect biodiversity but will increase transparency in the patent system and strengthen innovation. Through this 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, it added.
The treaty also marks a big win for India and Global South, which has for long has been a proponent of this instrument. After two decades of negotiations and with collective support this treaty has been adopted at the multilateral fora, with a consensus among a more than 150 countries, it said.
With the majority of the developed countries on board, who generate IP and use these resources and knowledge for innovation and research, this treaty paves the way for bridging conflicting paradigms within the IP system and the protection of biodiversity which have existed for decades, it said.
The treaty on the ratification and entry into force will require with contracting parties to put in place, mandatory disclosure obligations for patent applicants to disclose the country of origin or source of genetic resources when the claimed invention is based on genetic resources or associated traditional knowledge and this will provide added protection to the Indian Grand ATK which while currently protected in India are prone to misappropriation in countries which do not have disclosure of obligations.
“Therefore, by creating global standards on the disclosure of origin obligations, this treaty creates an unprecedented framework within the IP system for provider countries of genetic resources and associated traditional knowledge, it added. At present only 35 countries have some form of disclosure obligations most of which are not mandatory and do not have appropriate sanctions or remedies in place of effective implementation.
This treaty will require contracting parties, including developed world to bring changes in their existing legal framework for enforcing disclosure of origin obligations on patent applicants, it said. The treaty marks the start of the journey to achieve collective growth and deliver the promise of sustainable future, a cause which India has championed for centuries.
