Historic Treaty on Genetic Resources and Traditional Knowledge: India’s Landmark Achievement

A Historic Milestone in Intellectual Property

On May 24, 2024, a remarkable treaty was concluded at the World Intellectual Property Organization (WIPO) headquarters in Geneva. This agreement represents a significant achievement for India and the Global South, focusing on the protection of genetic resources (GRs) and associated traditional knowledge (ATK). The treaty aims to provide a robust safeguard against the misappropriation of these resources by developed countries and multinational corporations.

Key Highlights of the Treaty

• Protection of Genetic Resources and Traditional Knowledge: The treaty establishes a framework to protect the genetic resources and traditional knowledge of biodiverse countries like India. This protection is crucial in preventing unauthorized exploitation by foreign entities.
• Global Recognition: For the first time, the treaty integrates traditional knowledge systems into the global intellectual property (IP) framework. This acknowledgment establishes a vital link between local communities and their genetic resources, recognizing their contributions to global biodiversity.
• Mandatory Disclosure Obligations: Patent applicants are required to disclose the country of origin or source of genetic resources when their inventions are based on these resources or associated traditional knowledge. This requirement is intended to enhance transparency within the patent system and safeguard resources from misappropriation in jurisdictions lacking such obligations.
• Inclusivity and Innovation: By establishing global standards for disclosure of origin obligations, the treaty creates a more inclusive IP system that addresses the needs of all countries and their communities. This approach balances the encouragement of innovation with the preservation of biodiversity.
• Implementation and Enforcement: The treaty mandates contracting parties, including developed nations, to adjust their legal frameworks to effectively enforce disclosure of origin obligations. This requirement ensures that genetic resources and traditional knowledge receive protection on a global scale.

Benefits for India

• Enhanced Protection: The treaty provides added security for India’s genetic resources and traditional knowledge, which face risks of misappropriation in countries without disclosure obligations.
• Support for Biodiversity: By protecting biodiversity, the treaty aligns with India’s commitment to conserving its rich natural heritage.
• Strengthened IP System: The treaty fortifies the IP system by including provisions that safeguard the interests of provider countries, fostering fairness and equity in the use of genetic resources.
• Global Leadership: India’s role in advocating for this treaty underscores its position as a global leader in sustainable development and biodiversity conservation.

This treaty signifies the beginning of a journey toward collective growth and a sustainable future, fulfilling a cause that India has championed for centuries.