WIPO Treaty Protecting Genetic Resources and Traditional Knowledge

Why in news?

• The recently concluded World Intellectual Property Organization (WIPO) treaty on Intellectual Property (IP), Genetic Resources (GRs), and Associated Traditional Knowledge (ATK) marks a significant win for countries of the global South, including India.
• This treaty, adopted at a multilateral forum with consensus from more than 150 countries, including many developed economies, represents a pivotal moment in the protection of biodiversity and traditional knowledge.

What Does the WIPO Treaty involve ?

• Protection of Biodiversity :
  • The WIPO Treaty aims to balance the rights of countries rich in biodiversity and traditional wisdom with the global Intellectual Property Rights (IPR) system.
  • For the first time, the systems of knowledge and wisdom that have supported economies, societies, and cultures for centuries are now inscribed into the global IP system.
  • This integration underscores the importance of preserving and protecting the unique biological and cultural assets of biodiversity-rich nations.
• Inclusive Innovation :
  • The WIPO Treaty promotes inclusive innovation by recognizing the connection between local communities and their GRs and ATK.
  • It acknowledges the invaluable contributions of indigenous and local communities to global knowledge and innovation, fostering a more equitable and inclusive approach to IP.
• Disclosure Requirements :
  • One of the key provisions of The WIPO Treaty is the requirement for contracting parties to implement mandatory disclosure obligations for patent applicants.
  • This means that when a claimed invention is based on genetic resources or associated traditional knowledge, the patent applicants must disclose the country of origin or source of these resources.
  • This transparency is crucial in preventing the misappropriation and unauthorized exploitation of GRs and ATK.

World Intellectual Property Organization

• WIPO is the global forum for Intellectual Property (IP) services, policy, information, and cooperation.
• It is a self-funding agency of the United Nations, with 193 member states, including India.
• WIPO’s mission is to lead the development of a balanced and effective international IP system that enables innovation and creativity for the benefit of all.
• WIPO defines Traditional Knowledge (TK) as the knowledge, know-how, skills, and practices developed, sustained, and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity.

Genetic Resources (GRs)

• Genetic resources are defined in the Convention on Biological Diversity, 1992 (CBD) as genetic material of plant, animal, microbial, or other origin containing functional units of heredity that have actual or potential value.
• Examples include medicinal plants, agricultural crops, and animal breeds.

Significance of the Treaty for India and the Global South

• India’s Biodiversity and Traditional Knowledge :
  • India is a mega biodiversity hotspot with an abundance of traditional knowledge and wisdom.
  • This treaty marks the first time these systems of knowledge and wisdom are inscribed into the global IP system.
  • This inclusion is vital for countries like India, where traditional knowledge plays a significant role in healthcare, agriculture, and cultural heritage.
• Prevention of Misappropriation :
  • The treaty prevents the misappropriation of Indian GRs and ATK in countries without existing disclosure obligations.
  • By establishing mandatory disclosure obligations, the treaty offers added protection to Indian GRs and TK, preventing their misappropriation in countries without such laws.
  • This recognition is crucial as several Indian herbs and products have been falsely claimed as foreign inventions in the past, leading to patent applications that India has contested.
• Global Standards :
  • The treaty sets unprecedented global standards within the IP system for provider countries of GRs and ATK.
  • These standards are essential for ensuring that the rights of biodiversity-rich nations are protected and that their resources are not exploited without proper acknowledgment and benefit-sharing.
• Impact on the Global South :
  • The Global South holds a wealth of traditional knowledge on medicinal plants, agriculture, and other aspects of life, passed down through generations.
  • The WIPO Treaty protects this knowledge from misappropriation, helping to combat biopiracy by establishing a legal framework to protect genetic resources and traditional knowledge from unauthorized commercial exploitation.

Past Cases Surrounding Traditional Knowledge and Genetic Resources in IPR

• Traditional Knowledge
  • The Turmeric Case: In 1995, the US issued a patent for using turmeric powder for wound healing to the University of Mississippi Medical Center. It was later revoked due to prior art evidence provided by the Indian Council for Science and Industrial Research (CSIR).
  • The Neem Case: A patent granted to a company for a formulation using azadirachtin from the neem plant was ultimately ruled against by the European Patent Office, stating it lacked innovation.
• Genetic Resources
  • Wheat Varieties Case (2003): Indian authorities intervened and provided evidence that wheat varieties patented by a European company originally belonged to India, leading to the revocation of the patents.
  • Basmati Rice Case (2000): A US company was granted a patent for Basmati rice by the USPTO. The conflict led to the narrowing down of patent claims when the applicants admitted they didn’t invent Basmati rice.

India’s Initiatives

• Traditional Knowledge Digital Library (TKDL) :
  • Established in 2001, the TKDL is a comprehensive database of medicinal formulations in various languages. This initiative aims to safeguard India’s rich medicinal knowledge from being patented erroneously.
• Patents (Amendment) Act, 2005
  • This act aims to protect the rights of indigenous communities by obligating patent applicants to disclose the origin of biological resources in their inventions. Failure to disclose this information may result in the refusal of the patent.
• Trademark Act, 1999
  • The act allows for the protection of agricultural and biological products, including those from indigenous communities. Indigenous groups can use trademark registration to differentiate their brand and guarantee unique quality.
• Biological Diversity Act, 2002
  • This act provides a legal framework for the conservation of biological diversity and the fair and equitable sharing of benefits arising from the use of genetic resources.

Genetic Resources

• National Gene Bank:
  • The National Gene Bank is a repository for the preservation of genetic resources of plants and animals, ensuring their availability for future generations.
• Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001:
  • This act ensures that plant breeders and farmers providing Plant Genetic Resources (PGR) for developing new varieties receive a fair share of commercial gains.
• National Bureau of Plant Genetic Resources (NBPGR) and National Bureau of Animal Genetic Resources (NBAGR):
  • These bureaus play a pivotal role in conserving and protecting the genetic diversity of cultivated plants and animals in India.

International Initiatives for Access and Benefit-sharing

• Convention on Biological Diversity
• Nagoya Protocol
• TRIPS Agreement
• International Treaty on Plant Genetic Resources for Food and Agriculture
• Commission on Genetic Resources for Food and Agriculture
• UNESCO’s Local and Indigenous Knowledge Systems (LINKS)

Conclusion

• WIPO Treaty on IP, Genetic Resources, and Associated Traditional Knowledge is a landmark achievement for the global South, providing much-needed protection for biodiversity and traditional knowledge.
• For countries like India, it represents a significant step towards preventing the misappropriation of genetic resources and traditional knowledge, ensuring that these invaluable assets are safeguarded for future generations. The WIPO Treaty sets global standards that recognize the rights of indigenous and local communities, promoting inclusive innovation and equitable benefit-sharing.

People also ask

Q1: What is the WIPO Treaty on Genetic Resources and Traditional Knowledge?
Ans: The WIPO Treaty on Genetic Resources (GRs) and Associated Traditional Knowledge (ATK) is an international agreement adopted by more than 150 countries to protect the rights of countries rich in biodiversity and traditional wisdom within the global Intellectual Property Rights (IPR) system. It aims to prevent the misappropriation and unauthorized commercial exploitation of GRs and ATK.

Q2: Why is the WIPO Treaty significant for the global South?
Ans: The treaty is significant for the global South, including countries like India, as it ensures that their rich biodiversity and traditional knowledge are recognized and protected within the global IP system. This prevents the misappropriation of genetic resources and traditional knowledge, ensuring fair and equitable benefit-sharing.