The WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge, adopted on May 24, 2024, aims to improve the patent system concerning genetic resources and traditional knowledge. Here are the key points of the treaty explained in simple terms:
Objectives of the Treaty
The objectives of the Treaty are :
- Enhance the efficiency, transparency, and quality of the patent system concerning genetic resources and associated traditional knowledge.
- Prevent patents from being granted for inventions that are not genuinely new or innovative with respect to these resources and knowledge.
Disclosure Requirement under the Treaty
The Treaty provides for the following disclosure requirements:
- Patent applicants must disclose the country of origin or the source of genetic resources and traditional knowledge used in their invention. In case of traditional knowledge, they must also disclose details of the indigenous people or local community holding such knowledge.
- If the applicant does not know the source, they must give a declaration in this regard.
Sanctions and Remedies
- Each country must have measures to address failures in disclosure through a rectification mechanism.
- Applicants must be given a chance to correct errors unless there is evidence of fraud, in which case there may be post-grant sanctions.
- Failure to disclose cannot be a ground to revoke or invalidate a patent.
Information Systems
- Countries can create databases of genetic resources and traditional knowledge to help patent offices verify the information.
- Access to these information systems may be based on authorization and conditions.
Implementation and Review
- The treaty is required to be reviewed every four years to ensure it remains effective and relevant.
- Member states are free to implement the Treaty within their national laws as they deem fit.
Relationship with Other Agreements
- The treaty will work alongside other international agreements related to genetic resources and traditional knowledge.
Participation
- All member states of WIPO can join the treaty.
- The treaty encourages the participation of Indigenous Peoples and local communities.
This treaty represents a significant step towards fairer use of genetic resources and traditional knowledge in the patent system and ensures that these valuable resources are used responsibly and with proper acknowledgement of their origins.
You may access the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge here.
Disclaimer
This post was generated using Artificial Intelligence and has been reviewed for correctness by IP Attorneys at BananaIP Counsels. It may be noted that other IP attorneys and experts in the field may have different takeaways from the Treaty or arrive at different conclusions therefrom. It is advisable to read the document before making any decisions based on this post.
If you have any questions, or if you wish to speak with a Patent Attorney, please reach us at: [email protected] or 91-80-26860414/24/34.
