GENEVA (AN) — Nations adopted a new treaty to protect inventions that are based on Indigenous people's medicinal plants, agricultural crops and animal breeds and their knowledge of traditional uses for them.
The treaty was approved by the World Intellectual Property Organization's two-week diplomatic conference, which drew 1,200 delegates and observers representing the world body's 193 member nations.
Delegates gave their consensus approval of the treaty text on Friday, meaning they reached overall agreement but not on every element.
Fifteen nations must ratify the treaty before it can take effect. The treaty creates a new legal requirement that patent applicants must disclose the origins of any genetic resources they used, and whether they relied on traditional knowledge. Genetic resources cannot be directly protected as IP, but inventions developed using them can, usually through a patent.
Some genetic resources are also associated with traditional knowledge through their use and conservation by Indigenous Peoples as well as local communities, often over generations. This knowledge is sometimes used in scientific research and, as such, may contribute to the development of a protected invention.
Negotiations have been going on at WIPO for a quarter century, based on Colombia's proposal to protect the intellectual property of people whose voices and interests often are underrepresented.
"This is not just the first new WIPO treaty in over a decade, but also the first one that deals with genetic resources and traditional knowledge held by Indigenous peoples as well as local communities," said WIPO's Director General Daren Tang.
"Through this," he said, "we are showing that the IP system can continue to incentivize innovation while evolving in a more inclusive way, responding to the needs of all countries and their communities.”
