New Delhi: The World Intellectual Property Organization (WIPO) treaty on intellectual property, genetic resources, and associated traditional knowledge, is a significant win for countries of the global South and for India, which is a mega biodiversity hotspot with an abundance of traditional knowledge and wisdom.

For the first time, the systems of knowledge and wisdom that have supported economies, societies, and cultures for centuries are now inscribed into the global IP system. The connection between local communities and their genetic resources (GRs) and associated traditional knowledge (ATK) is recognized in the global IP community. These are historic achievements long championed by India as a provider of traditional knowledge and wisdom and a repository of biodiversity.

The treaty will not only safeguard and protect biodiversity but will also increase transparency in the patent system and strengthen innovation. Through this, 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.

The treaty also marks a big win for India and the global South, which has long been proponents of this instrument. After two decades of negotiations and with collective support, this treaty has been adopted at the multilateral fora, with a consensus among more than 150 countries.

With the majority of the developed countries on board, who generate IP and use these resources and knowledge for research and innovation, this treaty paves the way for bridging conflicting paradigms within the IP system and the protection of biodiversity which have existed for decades.

Upon ratification and entry into force, the treaty will require contracting parties to put in place mandatory disclosure obligations for patent applicants to disclose the country of origin or source of the genetic resources when the claimed invention is based on genetic resources or associated traditional knowledge. This will offer added protection to Indian GRs and TK, which, while currently protected in India, are prone to misappropriation in countries that do not have disclosure obligations. Therefore, by creating global standards on disclosure of origin obligations, this treaty creates an unprecedented framework within the IP system for provider countries of genetic resources and associated traditional knowledge.

At present, only 35 countries have some form of disclosure obligations, most of which are not mandatory and do not have appropriate sanctions or remedies in place for effective implementation. This treaty will require contracting parties, including the developed world, to bring changes in their existing legal frameworks for enforcing disclosure of origin obligations on patent applicants.

The treaty marks the start of the journey to achieve collective growth and deliver the promise of a sustainable future, a cause which India has championed for centuries. /BI