Context
The WIPO Treaty on Intellectual Property, Genetic Resources, and Traditional Knowledge was adopted at a World Intellectual Property Organization (WIPO) Diplomatic Conference at its headquarters in Geneva, Switzerland.
Background of the WIPO Treaty on Intellectual Property and Genetic Resources
- History: The diplomatic conference marked the final stage of the negotiations that began in 2021. The treaty is borne of a proposal by Colombia in 1999.
- This is the 27th treaty under WIPO and the first in the last 10 years.
- First WIPO Treaty: It is the first WIPO treaty to include provisions specifically for Indigenous Peoples and Local Communities.
- This is important because under current laws, while genetic resources themselves cannot be patented, inventions developed using them can be protected.
- Role of India in Treaty Negotiations: India played a critical role during these negotiations. India was the only country which prepared a detailed paper on the base text for treaty negotiations.
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Significance of the WIPO Treaty on Intellectual Property and Genetic Resources for India
- Rich Biodiversity and Traditional Knowledge: The new WIPO treaty is important to India as the country holds 7-8 per cent of global biodiversity and a rich repertoire of knowledge based on these genetic resources
- Enhancing Protection: Strengthens Legal Safeguards for India’s Genetic Resources and Traditional Knowledge against Global Misuse.
- For example, the patent rights for turmeric, a tropical herb native to East India and widely used as a medicine and food ingredient, were awarded to the University of Mississippi Medical Center.
- Additionally, India has raised concerns over patents being awarded for Neem and Indian Basmati rice in the past.
- Global Acknowledgment: The treaty will incorporate India’s Traditional Knowledge into the International Intellectual Property Framework.
Key Provisions regarding the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge
- Disclosure Requirement: It requires patent applicants to disclose the country of origin or source when their application involves genetic resources.
- Disclosure of Traditional Knowledge Providers: If traditional knowledge linked to genetic resources is involved, the applicant must identify the Indigenous Peoples or local community that provided it.
- Genetic Resources in Patents: Genetic resources, present in entities like medicinal plants and agricultural crops, are frequently used in patented inventions, even though the resources themselves cannot be patented.
- Establishment of Legal Framework: Once 15 contracting parties have ratified it, the Treaty will establish an international legal framework.
- This framework will require patent applicants to disclose the origin of genetic resources and associated traditional knowledge used in their inventions.
World Intellectual Property Organization (WIPO)
World Intellectual Property Organization (WIPO) is a United Nations specialized agency located in Geneva, Switzerland, set up by the WIPO Convention in 1967.
- Aim: Its goal is to guide the creation of an international intellectual property (IP) system that promotes innovation and creativity for everyone’s benefit.
- WIPO Membership and Observers: WIPO has 193 member states
- Palestine has permanent observer status.
- WIPO meetings also include 281 NGOs, 47 IGOs, 17 UN system organizations, and 10 IP organizations as official observers.
- India joined WIPO in 1975.
- Functions: It serves as a worldwide policy platform where governments, intergovernmental organizations, industry groups, and civil society convene to tackle emerging IP issues.
- Organizational Structure: Member states and observers convene regularly in various standing committees and working groups.
- Within these forums, they negotiate adjustments and new regulations essential for keeping the international IP system aligned with a changing world.
- This ensures that the system remains dedicated to fostering innovation and creativity.
- Publications: The Global Innovation Index, compiled by INSEAD, Cornell University, and the World Intellectual Property Organization (WIPO), in addition to other institutions, evaluates countries’ innovation capacity and success.
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WIPO-Administered Treaties:
| Name |
Aim |
Ratification Status of India |
| Budapest Treaty |
- All states party to the Treaty are obliged to recognize microorganisms deposited as a part of the patent procedure, irrespective of where the depository authority is located.
|
India has ratified the treaty. |
| WIPO Performances and Phonograms Treaty |
The WIPO Performances and Phonograms Treaty (WPPT) addresses the rights of two main groups in the digital realm:
- Performers (such as actors, singers, musicians, etc.) and
- Producers of phonograms (individuals or entities responsible for recording sounds).
|
India has become a party to this agreement. |
| Madrid Protocol for the International Registration of Marks |
- It Allows for the global registration of trademarks through a single application that can encompass multiple countries.
|
India has become a party to the protocol. |
| WIPO Copyright Treaty |
- It is a special agreement under the Berne Convention which deals with the protection of works and the rights of their authors in the digital environment.
|
India has ratified the treaty. |
May 27, 2024
