The recent conclusion of a new treaty by U.N. member countries aims to ensure that genetic resources used in inventions, such as new medicines derived from exotic plants, are properly traced. This marks the first time that the 193 member states of the U.N.’s World Intellectual Property Organization have agreed that patent applicants must disclose the origin of genetic resources used and traditional knowledge linked to them. The treaty will require companies in various industries to specify the origin of plant-based chemicals in their products, but it does not address the issue of compensation to Indigenous communities for their expertise.
This treaty is a significant international step towards recognizing and protecting the knowledge and wisdom of Indigenous peoples and local communities. WIPO’s director-general, Daren Tang, celebrated the achievement as historic and emphasized the recognition of the connection between Indigenous peoples, local communities, genetic resources, and traditional knowledge by the global IP community. The WIPO Intellectual Property, Genetic Resources, and Associated Traditional Knowledge Treaty, reached by consensus after more than two decades, will become international law when 15 countries adopt it.
The focus of this agreement is on genetic resources like medicinal plants, crops, and certain animal breeds. It will not apply retroactively to past discoveries but will be applicable to future inventions. WIPO’s rules do not allow for the intellectual property protection of natural or genetic resources themselves but aim to safeguard inventions that utilize these resources for the benefit of humankind. The treaty requires patent applicants, including foreign entrepreneurs and international companies, to specify the sources of their product ideas.
The treaty is expected to have implications for industries like fashion, luxury goods, and pharmaceuticals, where the origin of plant-based chemicals is significant for product innovation. About 30 countries already have similar rules in place at the national level, but this treaty marks a unified effort among U.N. member countries. While it does not address the issue of compensation to Indigenous communities for their historic knowledge, it is viewed as an important first step towards recognizing and protecting the contributions of Indigenous cultures.
The WIPO treaty represents a milestone in global intellectual property laws, with its emphasis on recognizing the contributions of Indigenous peoples and local communities to the development of genetic resources and traditional knowledge. By requiring patent applicants to disclose the origin of genetic resources used in their inventions, the treaty aims to ensure greater transparency and accountability in industries that rely on these resources. While it does not provide for retroactive protection, it sets a precedent for future innovations and the ethical use of genetic resources. The treaty will take effect as international law once the required number of countries adopt it, signaling a new era of global cooperation in protecting the rights of Indigenous communities.
