Ambassador Guilherme de Aguiar Patriota, Brazil’s Permanent Representative to the World Trade Organization and President of the Diplomatic Conference, marked the consensus approval with the strike of a gavel. The new Treaty will introduce an international disclosure requirement for patent applicants whose inventions involve genetic resources and/or associated traditional knowledge.
WIPO Director General Daren Tang hailed the Treaty as a historic achievement. “Today we made history in many ways. This is not just the first new WIPO Treaty in over a decade but also the first one that deals with genetic resources and traditional knowledge held by Indigenous Peoples as well as local communities,” he stated.
In its press release, WIPO identifies the following key elements:
- Disclosure Requirement: “Broadly, where a claimed invention in a patent application is based on genetic resources, each contracting party shall require applicants to disclose the country of origin or source of the genetic resources. Where the claimed invention in a patent application is based on traditional knowledge associated with genetic resources, each contracting party shall require applicants to disclose the Indigenous Peoples or local community, as applicable, who provided the traditional knowledge.”
- Definition and Scope: “Genetic resources are contained in, for example, medicinal plants, agricultural crops, and animal breeds. While genetic resources themselves cannot be directly protected as intellectual property, inventions developed using them can, most often through a patent. Some genetic resources are also associated with traditional knowledge through their use and conservation by Indigenous Peoples as well as local communities, often over generations. This knowledge is sometimes used in scientific research and, as such, may contribute to the development of a protected invention.”
The conference, held in Geneva, involved two main committees. Main Committee I, chaired by Ms. Jodie McAlister of IP Australia, focused on substantive IP provisions, while Main Committee II, chaired by Ms. Vivienne Katjiuongua of Namibia’s Business and Intellectual Property Authority, handled administrative provisions and final clauses. Additional committees ensured the verification of credentials, alignment of treaty language versions, and overall process coordination.
Find WIPO’s full press release here.