Genetic resources, traditional knowledge and folklore

Genetic resources (GR) and the associated traditional knowledge (ATK) of indigenous peoples and local communities are important components of biodiversity. They can serve as a starting point for innovations in different areas. For example, traditional knowledge about the healing properties of a particular plant can facilitate the research and development of new medicinal substances. GR/ATK also play an important role in the fields of cosmetics, agriculture and food, as well as in biotechnology in general.

 

There are many overlaps between intellectual property and the topic of genetic resources, traditional knowledge and folklore. Developing countries in particular are calling for measures to be introduced in the area of intellectual property in order to better protect GR/ATK.

 

WIPO’s Intergovernmental Committee (IGC) is particularly concerned with this topic. The 2022 WIPO General Assembly decided to convene a diplomatic conference by the end of 2024 to adopt a new agreement on intellectual property and GR/ATK.

 

This diplomatic conference took place at WIPO’s headquarters in Geneva on 13 to 24 May 2024. After more than 20 years of negotiations, the international community succeeded in adopting a new international treaty on intellectual property and GR/ATK. The new WIPO treaty regulates the disclosure of the origin of GR and ATK in patent applications. Switzerland has had a disclosure requirement of this kind since 2008 (Art. 49a Patents Act) that is compatible with the new WIPO treaty.

 

Switzerland signed the WIPO treaty on 4 March 2025, subject to ratification. Implementing the WIPO treaty will not entail any legislative changes in Switzerland. The treaty must now be submitted to Parliament for approval. It will come into effect once 15 countries have ratified it. 

  

What are genetic resources?

The United Nations Convention on Biological Diversity (CBD) defines the term ‘genetic resources’ as  genetic material of actual or potential value. This includes any material of plant, animal, microbial or other origin that contains functional units of heredity. The WIPO treaty contains the same definition as the CBD.

 

What is traditional knowledge?

There is currently no internationally recognised definition of the term ‘traditional knowledge’. In general, it can be described as the knowledge, innovations and practices of indigenous peoples and local communities in developing and industrial countries which these communities have created, improved and adapted over generations in line with their changing needs and environmental influences and passed on to subsequent generations, frequently in oral form.

 

What does the new WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge regulate?

The new WIPO treaty makes it obligatory to disclose the origin of GR and ATK in patent applications. Patent applicants must disclose the country of origin of the GR. If this is not known to them, another source must be disclosed (e.g. a gene bank or a botanical garden). In regard to ATK, applicants should in particular disclose the indigenous peoples or the local community. Appropriate and effective sanctions will be applied for non-compliance with this disclosure requirement. However, these sanctions will have no effect on the conferred patent rights, except in cases of fraudulent misrepresentation. 
The new treaty does not regulate any aspects that are already covered under other international agreements (e.g. the sharing of benefits from the utilisation of GRs).
Switzerland already has a requirement to disclose the source of GR and ATK in patent applications (Art. 49a Patents Act).

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