Member countries of the World Intellectual Property Organization (WIPO) ended meeting the meeting about a new treaty regarding Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore.
About the Treaty:
- It is a treaty that seeks could ensure benefits to indigenous communities that have protected genetic resources and are knowledge holders of how these can be used.
- It addresses issues pertaining to genetic resources and associated traditional knowledge.
- It mandates patent applicants to disclose their utilization of genetic resources and associated traditional knowledge.
Aims:
- To enhance the efficacy, transparency and quality of the patent system with regard to genetic resources and associated traditional knowledge, and
- Prevention of patents being granted for inventions that are not novel or inventive.
Criticism:
- The treaty fails to address the problem of the biopiracy of genetic resources and associated traditional knowledge using patents.
- The base text categorically excludes any provision that is already addressed by other international instruments.
- This means that access and benefit-sharing and misappropriation, which are already dealt with in the CBD and other agreements, are not part of the new treaty.
Amendments submitted by India:
- The amendments provide a definition for traditional knowledge associated with genetic resources.
- Traditional Knowledge associated with Genetic Resources” refers to evolving, collectively preserved, and generation-transmitted from generation-to-generation knowledge related to GRs.
- India wants is for researchers to disclose the exact source of the GR, instead of merely mentioning the country of origin as the draft treaty stipulates.
International Opinions
- Generally, countries such as the US, Japan, and South Korea oppose any mandatory disclosure requirement.
- These groups also oppose strong sanctions on patent owners for non-compliance.
- On the other hand, the EU, Australia, and New Zealand are broadly in favour of such requirements.
Scope of the Treaty
- The scope of the proposed international instrument is very narrow as it leaves out Digital Sequence Information.
- This omission means that disclosure requirements for patents are based on Digital Sequence.
History of the Intergovernmental Committee:
- The Intergovernmental Committee was established in 2000 but struggled to finalize a draft text for this treaty for decades.
- Text-based negotiations began in 2010 but did not make significant progress.
- Discussions in 2019 led to the preparation of a draft text by the then-IGC Chair.
India’s Candidacy
- India withdrew its candidacy to host the Diplomatic Conference where the text will be negotiated.
Ref: Source
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