Understanding the New Treaty Against Biopiracy

Understanding the New Treaty Against Biopiracy

Recently, at a conference in Geneva, the member states of the World Intellectual Property Organisation (WIPO) reached a significant agreement on a new treaty to combat the for-profit piracy of traditional knowledge. Biopiracy, a term describing the unauthorized appropriation of traditional knowledge and resources by companies, has become a pressing issue. For example, a US company illegally patented neem tree derivatives as pesticides, despite these uses being widely known among local communities in India. Similarly, attempts have been made to patent traditional crops like basmati rice and jasmine rice.

Core Provisions of the New Treaty

• Disclosure Requirements: Patent applicants are required to disclose the origins of genetic resources or traditional knowledge involved in their applications. If the source is unknown, applicants must state their inability to identify it. Patent officers will offer guidance and allow opportunities to correct any disclosure failures. This requirement is not retroactive and does not affect previously granted patents.
• Sanctions and Remedies: The treaty does not permit the revocation of patents or rendering them unenforceable due to non-disclosure. However, it allows for sanctions, such as fines, in cases of fraudulent intent.
• Information Systems: States are encouraged to create databases of genetic resources and traditional knowledge in collaboration with Indigenous peoples and local communities. These systems will assist patent offices in determining the novelty of applications, although the treaty lacks clarity on ownership and control over these databases.

Significance of the New Treaty

• Promotes Transparency and Fairness: The mandatory disclosure ensures that the origins of genetic resources and traditional knowledge are recognized, preventing companies from exploiting these assets unfairly.
• Deterrent Against Biopiracy: The potential for sanctions for fraudulent intent serves as a deterrent against biopiracy, encouraging ethical practices among companies. While the treaty does not allow for patent revocation, the possibility of fines enforces compliance.
• Protects Indigenous Knowledge: By establishing information systems, the treaty aims to prevent the misuse of traditional knowledge. Involving Indigenous peoples and local communities ensures their rights and perspectives are respected.
• Encourages Ethical Use of Resources: The treaty fosters ethical engagement by requiring disclosure and promoting transparency, leading to a fairer distribution of benefits derived from traditional knowledge.

Frequently Asked Questions (FAQs)

Q1. What is the purpose of the new treaty by WIPO?
Answer: The treaty aims to prevent biopiracy by requiring patent applicants to disclose the origins of genetic resources and traditional knowledge, ensuring fairness and transparency in intellectual property rights.

Q2. How does the treaty address biopiracy?
Answer: It mandates disclosure of genetic resource origins and allows for sanctions against fraudulent intent, encouraging companies to act ethically when utilizing traditional knowledge.

Q3. Are there penalties for non-disclosure under the treaty?
Answer: The treaty does not revoke patents for non-disclosure but allows for fines if fraudulent intent is proven, serving as a deterrent against biopiracy.

Q4. How will the treaty protect Indigenous knowledge?
Answer: By promoting the establishment of information systems with Indigenous collaboration, the treaty seeks to safeguard traditional knowledge and ensure Indigenous rights are acknowledged.

Q5. What is biopiracy?
Answer: Biopiracy refers to the unauthorized appropriation of traditional knowledge and genetic resources by companies, often leading to patents on products derived from these resources without proper recognition or compensation.

UPSC Practice MCQs

Question 1: What is biopiracy?
A) The illegal trading of animal species
B) The unauthorized appropriation of traditional knowledge
C) The patenting of new technologies
D) The exploitation of natural resources
Correct Answer: B

Question 2: What does the new treaty require from patent applicants?
A) To pay a fee
B) To disclose the origins of genetic resources
C) To submit their applications online
D) To offer compensation to Indigenous peoples
Correct Answer: B

Question 3: Which of the following is a provision of the new treaty?
A) Mandatory patent revocation
B) Establishment of information systems
C) Complete control by patent offices
D) Unlimited patent length
Correct Answer: B

Question 4: What is the main aim of the sanctions in the treaty?
A) To revoke existing patents
B) To penalize companies for minor errors
C) To deter fraudulent intent in patent applications
D) To eliminate all patents
Correct Answer: C

Question 5: How does the treaty promote fairness?
A) By allowing companies to patent anything
B) By ensuring transparency in the use of traditional knowledge
C) By imposing high fees on patent applicants
D) By limiting the duration of patents
Correct Answer: B

Question 6: Who is encouraged to assist in creating information systems according to the treaty?
A) Only government officials
B) Indigenous peoples and local communities
C) International corporations
D) Patent lawyers
Correct Answer: B