As a result of decades of negotiations, Word Intellectual Property Organization (WIPO) member states have approved a groundbreaking treaty relating to
IP rewards and incentivizes innovation. However, at times it has come at the cost of the attempt to monopolize the traditional knowledge associated with the genetic resources created through decades of research by the local communities. Moreover, there have been instances wherein the traditional knowledge associated with a local community in a region has been abused by entities based in another jurisdiction.
This treaty attempts to balance the rights of the local communities and the innovators by requiring mandatory disclosure in case of inventions associated with or created through genetic resources/ traditional knowledge.
Patent applicants would have to provide information pertaining to details of the country of origin for genetic resources (or where this is not known, the source of the genetic resource utilized).
Disclosure where innovation claimed in the patent application is based upon traditional knowledge associated with a genetic resource:
Patent applicants would have to provide information pertaining to the details of the indigenous people/ local community that provided the traditional knowledge and where the above information is not available, source of the traditional knowledge.
No-obligation on the IP Offices as to veracity:
The treaty does not impose an obligation on the contracting parties’ IP Offices to verify the authenticity of such disclosure.
Guidance/support to patent applicants:
Treaty requires the IP offices of respective contracting parties to provide guidance and support to the patent applicants as regards the disclosure requirements.
Creation of Genetic Resources and Traditional Knowledge database:
The treaty suggests creation of database of such genetic resources and traditional knowledge.
In this regard, it is noteworthy that India already maintains a traditional knowledge digital library (TKDL) bearing details as to the traditional knowledge of local communities in India in 5 international languages.
The treaty would bring about the much-required regulations for ensuring that the patent is not granted in the event wherein there is no novelty as such and the patent application seeks to monopolize the traditional knowledge or a genetic resource of a community. India has already had a tough time in the revocation of the patent in US relating to the healing properties of turmeric – which is a renowned traditional knowledge of India.
Of course, the process for patent grant becomes stringent with such sanctions imposed, however, IP seeks to be inclusive and also seeks to create a balance between rights of communities involved and the innovators.
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