In May 2024, member states of the World Intellectual Property Organisation (WIPO) approved a new Treaty on IP, genetic resources and associated traditional knowledge (TK) – the culmination of negotiations that began in 2001. This ground-breaking treaty includes provisions for indigenous peoples and local communities. Its objectives are to enhance the transparency and quality of the patent system regarding genetic resources and TK and to prevent erroneous patents on non-novel or non-inventive inventions.
TK, as defined by WIPO, embraces the know-how, skills and practices developed and passed down by indigenous communities. These are core to the cultural and spiritual identity of the community. Essentially, while conventional intellectual property (IP) rights do not protect TK itself, inventions derived from TK can qualify for IP protection.
The treaty aims to combat the misappropriation of TK and biopiracy. After ratification by the contracting parties, the treaty will establish an international legal framework, requiring patent applicants to disclose the origin of genetic resources and associated TK used in their inventions. Key provisions include disclosure requirements in Article 3.1 and 3.2, where applicants must reveal the origin of genetic resources or the source of associated TK. If it is unknown, applicants must make a declaration arming the accuracy of their knowledge.
Contracting parties may establish databases of genetic resources and TK, accessible for patent search and examination, with safeguards developed in consultation with indigenous people and local communities.
India has proactively protected TK through initiatives like the Traditional Knowledge Digital Library and legal safeguards in the Indian Patents Act and the Biological Diversity Act. The new WIPO Treaty will strengthen the existing protections, potentially leading to changes in domestic legislation to incorporate mandatory disclosure requirements regarding genetic resources and TK.