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 from 13 to 24 May 2024 at WIPO headquarters in Geneva. After more than 20 years of negotiations, the international community succeeded in adopting a new treaty on intellectual property, GR and ATK. The new treaty is being celebrated as a success, particularly by the countries of the South and by indigenous peoples, as it is the first time that rights to GR and ATK have been recognised in an agreement on intellectual property. Switzerland now has one year to sign the treaty and subsequently to ratify it, if so decided. The new treaty will enter into force once 15 countries have ratified it.

  

What are genetic resources?

The United Nations Convention on Biological Diversity 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.

 

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 treaty contains a requirement 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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