The World Intellectual Property Organization (WIPO) has signed a groundbreaking treaty on intellectual property (IP), genetic resources (GRs), and associated traditional knowledge (ATK). This win is particularly significant for India and other developing nations rich in biodiversity and traditional wisdom.
For the first time, the vast knowledge systems of indigenous and local communities are formally recognized within the global IP framework. These centuries-old practices have sustained economies, societies, and cultures but were often overlooked. The treaty establishes a critical link between these communities and their GRs and ATK, empowering them to have a say in how their knowledge is used and potentially benefit from its commercialization.
This treaty is a culmination of over two decades of negotiations led by India, a major provider of traditional knowledge and a biodiversity hotspot. It addresses the long-standing concern of biopiracy – the appropriation of genetic resources and traditional knowledge without fair compensation or permission.
The treaty brings several positive changes. It increases transparency in the patent system by requiring applicants to disclose the origin of genetic resources and associated traditional knowledge used in their inventions. This offers crucial protection for Indian GRs and TK, which are vulnerable to misappropriation in countries with no such disclosure requirements.
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Furthermore, the treaty fosters a more equitable IP system. By requiring developed nations, major users of these resources and knowledge, to implement disclosure obligations, it bridges a historical divide within the IP system. This paves the way for a future where innovation is incentivized while respecting the rights of knowledge holders.
