WIPO approves treaty on Intellectual Property, Genetic Resources and Traditional Knowledge

WIPO approves treaty on Intellectual Property, Genetic Resources and Traditional Knowledge

On May 24, the World Intellectual Property Organization (WIPO) approved the treaty on Intellectual Property, Genetic Resources and Traditional Knowledge. The text of the treaty is the result of two decades of negotiations and was approved at the Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge, chaired by Brazilian ambassador Guilherme de Aguiar Patriota, who is also Brazil’s Permanent Representative to the World Trade Organization (WTO).

Among its objectives, the treaty aims to increase legal certainty, transparency, and the quality of the patent system with regard to patents related to genetic resources and traditional knowledge associated with genetic resources, so that patent offices have access to adequate information for the correct examination and granting of these patents.

The document requires patent applicants to disclose the source of the genetic resources and traditional knowledge associated with their inventions. Here, ‘source of genetic resources’ refers to “any source from which the applicant has obtained the genetic resources, such as a research center, gene bank, Indigenous Peoples and local communities, the Multilateral System of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), or any other ex situ collection or depository of genetic resources.” The ‘source of traditional knowledge associated with genetic resources’ means “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.

Next, the treaty also stipulates the need for an adversarial hearing before sanctions or corrective measures are applied in the event of a violation of the previous article, i.e. an opportunity must be given to correct the failure to disclose information, except in cases of fraudulent conduct (bad faith) in accordance with each national law. In this sense, the WIPO treaty also states that the new rules of the agreement cannot be applied to patent applications made before the treaty came into force, in respect of the principle of non-retroactivity.

Next, it is noted that Member States will be able to create databases of genetic resources and traditional knowledge, in consultation with indigenous peoples and local communities. These systems must be accessible for the search and examination of patent applications by Patent Offices. It is important to note that since the implementation of the Brazilian Biodiversity Law (Law No. 13,123/2015), the number of patent applications in Brazil based on genetic resources and traditional knowledge has increased significantly, according to the Brazilian Patent and Trademark Office.

Finally, the Treaty on Intellectual Property, Genetic Resources and Traditional Knowledge will enter into force three months after 15 eligible parties deposited their instruments of ratification or accession.

The WIPO Treaty can be accessed here.

Note: For quick release, this English version is provided by automated translation without human review.