Context

• After nearly 25 years of discussions and negotiations, a landmark treaty on genetic resources and traditional knowledge related to genetic resources was recently signed at WIPO headquarters in Geneva.
• This treaty has been adopted at multilateral forums with the consensus of more than 150 countries.

Key Points

• Under this, it will be mandatory for patent applicants to disclose the country of origin or source of genetic resources if the claimed invention is based on those materials or related traditional knowledge.
• This treaty will provide additional protection to Indian genetic resources and traditional knowledge. Though these are currently protected in India, they are prone to misuse in countries where there are no disclosure obligations.
• There is no mandatory provision in the current patent law that requires patent applicants to disclose the country of origin or source where the invention is based on genetic resources.
• At present, only 35 countries have some form of disclosure obligations, most of which are not mandatory and do not have appropriate sanctions or measures for effective enforcement.
• The treaty requires contracting parties, including developed countries, to amend their existing legal framework to impose the obligation of disclosure of origin on patent applicants.
• Genetic resources (GR) are present in things like medicinal plants, agricultural crops and animal breeds.
• While genetic resources cannot be protected directly as intellectual property, inventions developed using them can often be protected through patents.
• Some genetic resources are also linked to traditional knowledge (ATK), which is held by indigenous peoples and local communities through use and conservation, often over generations. This knowledge is sometimes used in scientific research and, as such, can contribute to the development of a protected invention.

Significance of the WIPO Treaty for India and the Global South

• The World Intellectual Property Organization (WIPO) Treaty is a ‘major win’ for India and the Global South, as the treaty helps combat biopiracy by establishing a legal framework to protect genetic resources and traditional knowledge from unauthorised commercial exploitation.
• Further, the treaty not only protects and safeguards biodiversity but also fosters innovation by increasing transparency in the patent system.

 India's Initiatives Related to Conservation of Traditional Knowledge and Genetic Resources

• Traditional Knowledge Digital Library
• Patents (Amendment) Act, 2005
• Trade Marks Act, 1999
• Biodiversity Act, 2002
• Geographical Indications (GI)
• National Gene Bank
• Protection of Plant Varieties and Farmers' Rights Act (PPV&FR) 2001
• Establishment of National Bureau of Plant Genetic Resources
• Establishment of National Bureau of Animal Genetic Resources
• Accession to Convention on Biodiversity
• Signing and ratifying Nagoya Protocol
• Accession to TRIPS Agreement etc.

Important Facts For Exam

World Intellectual Property Organization

• Formation 1967
• One of the oldest agencies of the United Nations
• Objective: To encourage creative activities and promote intellectual property protection in the world 
• Headquarters: Geneva, Switzerland
• Its members include developing and developed countries like India, Italy, Israel, Africa, Austria, Bhutan, Brazil, China, Cuba, Egypt, Pakistan, America and Britain.
• World Intellectual Property Day is celebrated every year on 26 April.