NEWS – WIPO Member States Adopt Historic New Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

HIGHLIGHTS

• Treaty Objective
  • Enhance efficacy, transparency, and quality of the patent system.
  • Prevent patents from being granted erroneously for non-novel or non-inventive inventions related to genetic resources and traditional knowledge.
• Intellectual Property (IP) Background
  • IP protects creations of the mind like inventions through patents, copyright, and trademarks.
  • WIPO, established in 1967, promotes and protects IP globally as a specialized UN agency.
• Treaty Timeline and Process
  • Negotiations began in 1999 with a proposal by Colombia, formally starting at WIPO in 2001.
  • Notable for including indigenous peoples and local communities in discussions.
  • Approval by consensus of 193 WIPO member states in 2024 marked the end of a 25-year negotiation process.
• Historic Breakthrough
  • First WIPO Treaty addressing IP, genetic resources, and traditional knowledge.
  • Includes provisions for protecting rights of indigenous peoples and local communities.
• Statements by Officials
  • Daren Tang, WIPO Director-General, emphasized the strength of multilateralism in WIPO.
  • Guilherme de Aguiar Patriota, President of the Diplomatic Conference, highlighted the balanced outcome of the Treaty.
• Key Provisions of the Treaty
  • Requires disclosure of the country of origin or source of genetic resources in patent applications.
  • Requires disclosure of indigenous peoples or local communities providing traditional knowledge.
• Nature of Genetic and Biological Resources
  • Utilized in patented inventions but cannot be patented themselves.
  • Important subject matter for IP protection, especially in life sciences since the mid-1970s.
• Traditional Knowledge
  • Refers to knowledge, skills, and practices passed down within a community.
  • Associated with genetic resources and crucial for scientific research and innovation.
• Impact of the Treaty
  • Establishes new disclosure requirements for patent applicants.
  • Marks a historic moment in WIPO’s history, addressing genetic resources and traditional knowledge held by indigenous peoples and local communities

WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO)

• Establishment and Location:
  • WIPO is a specialized agency of the United Nations.
  • It is located in Geneva, Switzerland.
  • Established in 1967 by the WIPO Convention.
• Mission:
  • WIPO’s mission is to develop a balanced and effective international intellectual property (IP) system.
  • Aims to foster innovation and creativity globally for the benefit of all.
• Membership:
  • Currently has 193 member states, indicating widespread international participation.
  • Members include governments, intergovernmental organizations, industry groups, and civil society.
• Global Policy Forum:
  • Provides a platform for addressing evolving IP issues on a global scale.
  • Facilitates discussions among member states, intergovernmental organizations, and other stakeholders.
• Standing Committees and Working Groups:
  • Hosts regular meetings for member states and observers.
  • Platforms for negotiating changes and new rules to adapt the international IP system to current needs.
  • Aims to ensure the system encourages innovation and creativity effectively in a changing world.