As a result of decades of negotiations, Word Intellectual Property Organization (WIPO) member states have approved a groundbreaking treaty relating to

As a result of decades of negotiations, Word Intellectual Property Organization (WIPO) member states have approved a groundbreaking treaty relating to IP, Genetic Resources and Associated Traditional Knowledge in the diplomatic conference held from 13-24 May, 2024 at Geneva. 

IP rewards and incentivizes innovation. However, at times it has come at the cost of the attempt to monopolize the traditional knowledge associated with the genetic resources created through decades of research by the local communities. Moreover, there have been instances wherein the traditional knowledge associated with a local community in a region has been abused by entities based in another jurisdiction. 

This treaty attempts to balance the rights of the local communities and the innovators by requiring mandatory disclosure in case of inventions associated with or created through genetic resources/ traditional knowledge. 

Disclosure where innovation claimed in the patent application is based upon a genetic resource:
Patent applicants would have to provide information pertaining to details of the country of origin for genetic resources (or where this is not known, the source of the genetic resource utilized).

Disclosure where innovation claimed in the patent application is based upon traditional knowledge associated with a genetic resource:
Patent applicants would have to provide information pertaining to the details of the indigenous people/ local community that provided the traditional knowledge and where the above information is not available, source of the traditional knowledge. 

No-obligation on the IP Offices as to veracity: 
The treaty does not impose an obligation on the contracting parties’ IP Offices to verify the authenticity of such disclosure. 

Guidance/support to patent applicants:
Treaty requires the IP offices of respective contracting parties to provide guidance and support to the patent applicants as regards the disclosure requirements.

Creation of Genetic Resources and Traditional Knowledge database:
The treaty suggests creation of database of such genetic resources and traditional knowledge. 

In this regard, it is noteworthy that India already maintains a traditional knowledge digital library (TKDL) bearing details as to the traditional knowledge of local communities in India in 5 international languages. 

The treaty would bring about the much-required regulations for ensuring that the patent is not granted in the event wherein there is no novelty as such and the patent application seeks to monopolize the traditional knowledge or a genetic resource of a community. India has already had a tough time in the revocation of the patent in US relating to the healing properties of turmeric – which is a renowned traditional knowledge of India. 

Of course, the process for patent grant becomes stringent with such sanctions imposed, however, IP seeks to be inclusive and also seeks to create a balance between rights of communities involved and the innovators.

Views: 63
Related Posts
Is Modifying the Insolvency and Bankruptcy Code a Real Solution for Real-Estate Bankruptcy?
Insolvency and Bankruptcy

The main objective of the Insolvency Bankruptcy Code is to provide effective solutions to bankruptcy and insolvency problems The main Read more

Cinematic Evolution of Film Financing in India

The Indian film industry has witnessed a remarkable journey over the decades, evolving from a nascent, struggling entity Introduction The Read more

Trademarks And Brand Protection In The Business Sector
Trademarks And Brand Protection

Building a strong and recognizable brand is essential for success in today’s globalized and intensely competitive business climate Building a Read more

Navigating Cybersecurity Challenges for startups

Cybersecurity involves safeguarding internet-connected systems, including hardware, software, and data, from cyber threats. It is crucial Cybersecurity involves safeguarding internet-connected Read more

Unlocking Innovation: The Importance of Government Grants for Startups

In the dynamic place of entrepreneurship, startups often find themselves in a never-ending maze of challenges, seed funding challenges, from Read more

Group Insolvency: Is India Ready for the Challenges of Group Insolvency?

The increasing mergers and acquisitions in India's corporate sector have led to a rise in 'group insolvency' cases, where the Read more

How Client-Centricity Prioritises Company’s Growth Needs?
Capital Advisory Lawyer Prioritizes

The essence of client-centricity is considering how your business is structured and how you manage service delivery from the client's Read more

Cyber Hygiene – A Practice to Get Rid of Online Data Malware
Cyber Hygiene - The Digital Life Saver

Cyber hygiene is an essential hygiene routine for your digital life. It helps you stay safe from cyber threats Cyber Read more

Fiscal Policy and International Trade – Navigating WTO Regulations
International Trade

The interaction between a country's budget and fiscal policy and the World Commerce Organization's (WTO) laws plays a critical role Read more

Driving Innovation: AI and Autonomous Driving in Europe and India

The recent advancements in technology and innovation, the European Union's approval of the world's inaugural regulations on artificial intelligence (AI) Read more

Need help with legal issues?
Call Back Request