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.
Introduction The case of “Government of the National Capital Territory of Delhi & Ors. vs. Roppen Transportation Services Pvt. Ltd.& Read more
In India's ever-changing financial technology (FinTech) platform, both big institutions and new startups must understand the rules they In India's Read more
Rong Thai International Group, a Thailand based manufacturer and distributor of footwear, initiated legal proceedings against ENA Footwear Pvt. Ltd. Read more
A data breach occurs when unauthorized individuals gain access to sensitive or confidential information, including personal data (such as Social Read more
Safeguarding Tomorrow's Play: Balancing Innovation and Responsibility in AI Toys — Ethical Considerations, Safety Measures, and Comparative Insights on Children's Read more
In our rapidly changing digital environment, the implementation of the Digital Personal Data Protection Act in 2023 marks a major Read more
Foreign Direct Investment (FDI) has been instrumental in shaping the global economy, allowing capital to flow across borders and promoting Read more
India's banking system is diverse and growing rapidly. It comprises commercial banks, insurance firms, non-banking financial institutions, unions India's banking Read more
It is essential to have a distinction between startups in India that generate Intellectual Property and startups in India that Read more
Multiple office events have accelerated the ever-changing office industry to adapt to a more convenience-based workspace called co-working space. Co-working Read more
