Understanding the 2024 Treaty on Intellectual Property and Its Impact

The 2024 Treaty on Intellectual Property and Traditional Knowledge

The recent Treaty on Intellectual Property, Genetic Resources, and Traditional Knowledge, approved by WIPO member states on May 24, 2024, signifies a pivotal moment in international legal frameworks. This Treaty introduces a mandate for the disclosure of the origin of genetic resources and associated traditional knowledge in patent applications. It specifically encompasses provisions aimed at protecting the rights of Indigenous Peoples and local communities, ensuring that their contributions are both recognized and respected.

This groundbreaking agreement, the result of extensive negotiations over many years, seeks to foster transparency and fairness in the utilization of genetic resources and traditional knowledge, ultimately benefiting nations rich in biodiversity, such as India.

Key Provisions of the Treaty

• Disclosure Requirements: Patent applicants are required to disclose the country of origin or source of the genetic resources utilized in their inventions. This measure aims to promote transparency and acknowledge the contributions from diverse regions and communities.
• Traditional Knowledge: When an invention involves traditional knowledge, applicants must identify the Indigenous Peoples or local communities that contributed this knowledge. This provision emphasizes the significance of these communities in the realms of innovation and scientific progress.

Examples from India

• Medicinal Plants:
  • Neem: Renowned in India for its medicinal benefits, neem is utilized in various applications, from traditional medicine to agricultural products. Under the new Treaty, any patent derived from neem would necessitate disclosure of its Indian origin.
  • Turmeric: Valued for its anti-inflammatory properties, turmeric has been a staple in traditional Indian medicine for centuries. Patents on products sourced from turmeric would need to acknowledge its cultural roots and Indian origins.
• Agricultural Practices:
  • Organic Fertilizers: Traditional Indian agricultural techniques frequently employ organic fertilizers from local resources. Innovations based on these practices would require disclosure of their origins and acknowledgment of the traditional knowledge behind them.
  • Pest Control Methods: Techniques such as using neem oil for pest management, developed by Indian farmers, would need to be disclosed when utilized in patented agricultural products.
• Animal Breeds:
  • Gir Cow: An indigenous breed recognized for its resilience and milk production, the Gir cow plays a crucial role in traditional Indian farming. Patents related to genetic research or breeding methods using the Gir cow would be required to disclose this source and honor the traditional knowledge of Indian farmers.

Moving Forward

The Treaty will come into effect once 15 contracting parties sign it. This milestone will ensure that the contributions of countries like India, which are rich in genetic resources and traditional knowledge, are duly acknowledged and safeguarded in international patent applications.

Frequently Asked Questions (FAQs)

Q1. What is the significance of the 2024 Treaty on Intellectual Property?
Answer: The Treaty promotes transparency in patent applications by mandating the disclosure of the origin of genetic resources and traditional knowledge, particularly benefiting Indigenous communities.

Q2. How does the Treaty impact Indigenous Peoples?
Answer: It ensures that Indigenous contributions to genetic resources and traditional knowledge are recognized and respected, enhancing their rights in patent applications.

Q3. What are the key provisions of the Treaty?
Answer: Key provisions include disclosure requirements for the origin of genetic resources and the identification of Indigenous communities associated with traditional knowledge used in patents.

Q4. When will the Treaty come into force?
Answer: The Treaty will enter into force once 15 contracting parties sign it, facilitating international recognition of biodiversity-rich nations like India.

Q5. Can you give examples of Indian resources affected by the Treaty?
Answer: Yes, examples include neem and turmeric, where patents derived from these resources must disclose their Indian origin and acknowledge traditional knowledge.

UPSC Practice MCQs

Question 1: What is the primary aim of the 2024 Treaty on Intellectual Property?
A) To increase patent applications
B) To promote transparency and fairness in genetic resource use
C) To limit biodiversity
D) To eliminate Indigenous rights
Correct Answer: B

Question 2: Which of the following resources is mentioned in the context of the Treaty?
A) Cotton
B) Neem
C) Wheat
D) Sugarcane
Correct Answer: B

Question 3: What must patent applicants disclose under the Treaty?
A) The names of their companies
B) The country of origin of genetic resources
C) The cost of the patents
D) The history of the resources
Correct Answer: B

Question 4: When will the Treaty become effective?
A) Immediately after approval
B) After 10 years
C) Once 15 contracting parties sign it
D) Only in 2030
Correct Answer: C

Question 5: Why is the Treaty important for India?
A) It reduces patent fees
B) It protects the rights of Indigenous communities
C) It increases imports
D) It allows unrestricted use of resources
Correct Answer: B