As a result of decades of negotiations, Word Intellectual Property Organization (WIPO) member states have approved a groundbreaking treaty relating to
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.
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.
Content created by generative Artificial Intelligence (AI) programs are currently one of the most important global developments. The common question Read more
Digital transformation has reshaped business operations, allowing organizations to gather, process, and analyze massive volumes of data in real-time. As Read more
India's banking system is diverse and growing rapidly. It comprises commercial banks, insurance firms, non-banking financial institutions, unions India's banking Read more
The Advertisement Standards Council of India (ASCI), established in 1985 under Section 25 of the Companies Act, 1956, is a Read more
As per the definition of intellectual property (IP), it pertains to works of art or literature, industrial designs, brand names, Read more
Governments often offer tax incentives in the form of reductions or breaks on income taxes for citizens who engage in Read more
FEMA (Foreign Exchange Management Act), was established in 1999. It is a set of laws that allows the Reserve Bank Read more
Sensitive Data Breach All confidential information stored and managed by an individual or organization, accessed only to authorized users with Read more
On February 19, 2023, an ambitious plan was unveiled by a consortium led by Ajay Singh of SpiceJet and Nishant Read more
Cybersecurity involves safeguarding internet-connected systems, including hardware, software, and data, from cyber threats. It is crucial Cybersecurity involves safeguarding internet-connected Read more
