Intergovernmental Committee for Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) of the World Intellectual Property Organization (WIPO)

Since 2001, the World Intellectual Property Organization has dealt with the topic of genetic resources (GR) and the associated traditional knowledge (ATK). The IGC aims to develop international legal instruments to protect GR, traditional knowledge (TW) and folklore.

The IGC’s work in the area of GR/ATK is more advanced than its work in the area of folklore or TK in the broader sense. The 2022 WIPO General Assembly therefore decided to convene a diplomatic conference by the end of 2024 to adopt a new agreement on intellectual property and GR/ATK.

In the field of traditional knowledge and folklore, the IGC has the task of developing a generally valid definition of the term ‘traditional knowledge’ and protecting TW with the help of a legal instrument governed by intellectual property law. There is currently no end in sight to the negotiations in the area of TK.

Switzerland has been actively and constructively involved in the work of the IGC since its inception in 2000. It has made several submissions to WIPO and other forums outlining possible solutions for a disclosure obligation for patent applications and information systems. Switzerland’s submissions largely correspond to the disclosure requirement in the Swiss Patents Act (see in particular Art. 49a PatA).

There are various international agreements that regulate access to GR/ATK and the sharing of the benefits arising from their use (known as ‘access and benefit sharing’ or ‘ABS’). These include:

• the Convention on Biological Diversity (CBD);

• the associated Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (Nagoya Protocol); and

• the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA).

• Biodiversity Beyond National Jurisdiction (BBNJ) Agreement

• Pandemic Influenza Preparedness (PIP) Framework

• International tool for pandemic preparedness and response (under negotiation, FOPH website)