Newsletter ABPI - Edition 58 - May 2024
After 15 days of intense and complex negotiations, over 190 countries approved the new and historic Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge of the World Intellectual Property Organization (WIPO) on May 24th. “Through this, we are showing that the IP system can continue to incentivize innovation while evolving in a more inclusive way, responding to the needs of all countries and their communities,” stated WIPO Director General Daren Tang after the negotiations.
In the tug-of-war between developed and developing countries, common sense prevailed, assessed Luiz Ricardo Marinello, Coordinator of ABPI’s Bioeconomy and Sustainability Study Committee and the ABPI representative at the WIPO Diplomatic Conference, held in Geneva from May 13 to 24. According to him, interests were harmonized among patent holders, governments, Indigenous peoples, and traditional communities. “Everyone wins: society, Indigenous peoples, and the preservation of forests.”
The Treaty aims to fight biopiracy, ensure an invention is truly innovative, and compensate traditional communities. Once in effect, a patent filed based on genetic resources or associated traditional knowledge must indicate the country of origin of the resources and the providers of this knowledge.
The Treaty pertains solely to the patent system. It is not retroactive and will only be fully effective once ratified by the signatory countries and incorporated into national legislation. “Before applying sanctions for potential non-compliance with this rule, each country will need to create means to offer an opportunity for correction to the applicant. However, patent cancellation will occur only if fraud or bad faith is proven,” explained Marinello.
One of the Treaty’s 22 articles provides that countries may establish databases on genetic resources and associated traditional knowledge, with the participation of the guardians of this knowledge, to support local patent offices.