Nations agree to landmark treaty on traditional knowledge, protecting the rights of indigenous peoples
The Treaty on intellectual property, genetic resources and related traditional knowledge also includes important provisions to protect the rights of indigenous peoples and local communities.
Acceptance by consensus in Geneva marked the end of negotiations that began in 2001.
“Today we made history in many ways. This is not only the first new WIPO Treaty in more than a decade, but also the first to address the genetic resources and traditional knowledge of indigenous peoples and local communities.” speak Daren Tang, General Manager of the agency.
“Through this, we are demonstrating that the IP system can continue to encourage innovation while evolving in a more inclusive way that meets the needs of all countries and their communities. ”
The solution is carefully calibrated
Guilherme de Aguiar Patriota, Permanent Representative of Brazil to the World Trade Organization (WHO), president of the Diplomatic Conference that adopted the Treaty, emphasized this achievement.
He said it represented “a very carefully balanced outcome” of the Conference.
“It constitutes the best possible compromise and a carefully calibrated solution, which seeks to connect and balance many different interests, some of which are strongly held and persistently expressed and defended. over the course of many decades.”
Gene sources, plants and crops are found, often used in research and inventions.
About the treaty
The treaty stipulates that, in the case of a patent application relating to genetic resources, the applicant must disclose the country of origin or origin.
If traditional knowledge related to genetic resources is involved, the applicant must disclose the Indigenous Peoples or local communities that provided that knowledge.
Genetic resources, found in entities such as medicinal and agricultural plants, are often used in patented inventions, even though they cannot themselves be patented.
Traditional knowledge associated with these resources, preserved and used by indigenous peoples and local communities for generations, plays an important role in scientific research and the development of inventions. new.
Next step
Once ratified by 15 signatories, the Treaty will establish an international legal framework requiring patent applicants to disclose the origin of genetic resources and related traditional knowledge acquired. used in their inventions.
