On 24 May 2024, WIPO member states approved a groundbreaking new Treaty related to intellectual property (IP), genetic resources and associated traditional knowledge. Marking a historic breakthrough, this Agreement is not only the first new WIPO agreement in more than a decade, but also the first to deal with genetic resources and traditional knowledge held by indigenous peoples and local communities. With the adoption of this agreement, it has been shown that the intellectual property system can continue to foster innovation while developing in a more inclusive way, responding to the needs of all countries and their communities.
Namely, the role of this Agreement is to emphasize the importance of patent office’s having access to appropriate information on genetic resources and traditional knowledge associated with genetic resources, to prevent patents from being granted erroneously for inventions that are not novel or inventive with regard to genetic resources and traditional knowledge associated with genetic resources, as well as recognizing the potential role of the patent system in contributing to the protection of genetic resources and traditional knowledge associated with genetic resources.
The basis of this agreement is that when the invention in the patent application is based on genetic resources, each contracting party will require the applicants to disclose the country of origin or source of the genetic resources. Where the invention in the patent application is based on traditional knowledge related to genetic resources, each Contracting Party shall require applicants to identify the indigenous peoples or local community that provided the traditional knowledge. Genetic resources are found, for example, in medicinal plants, agricultural crops and animal breeds. While genetic resources themselves cannot be directly protected as intellectual property, inventions developed with their help can be protected, usually through a patent.
According to the Agreement, any Member State of WIPO may become party to this Agreement. The Assembly may decide to admit any intergovernmental organization to become party to this Agreement which declares that it is competent in respect of and has its own legislation binding on all its Member States on, matters covered by this Agreement and that it has been duly authorized, in accordance with its internal procedures, to become party to this Agreement.
This Agreement shall enter into force three months after 15 eligible parties have deposited their instruments of ratification or accession.