GENEVA: Kuwait was among more than 100 members of Geneva-based World Intellectual Property Organization (WIPO) who concluded an agreement which will provide additional protection for traditional knowledge.

The treaty is expected to protect the intellectual property of people in the global south, who have centuries of traditional wisdom. Kuwait’s Permanent Representative to the UN and Other International Organizations Ambassador Nasser Al-Hayen said it is continuously taking part in preserving heritage with the international community. The remarks came as he chaired Kuwait’s delegation at the conference meant for adopting the treaty.

The agreement is the first of its kind to address the interface between intellectual property, genetic resources and associated traditional knowledge. Ambassador Al-Hayen hailed WIPO’s role in preserving heritage, as well as in finding a balanced international system for intellectual property, which encourages innovation and creativity.

What genetic resources are

Genetic resources are contained in, for example, medicinal plants, agricultural crops, and animal breeds. While genetic resources themselves cannot be directly protected as intellectual property, inventions developed using them can, most often through a patent. Some genetic resources are also associated with traditional knowledge through their use and conservation by indigenous peoples as well as local communities, often over generations. This knowledge is sometimes used in scientific research and, as such, may contribute to the development of a protected invention.

What the treaty does

Negotiations for this Treaty began at WIPO in 2001, initiated in 1999 with a proposal by Colombia, where discussions were notable for their inclusion of indigenous peoples as well as local communities. It’s not only the first WIPO Treaty to tackle issues at the intersection between intellectual property, genetic resources and traditional knowledge, but also the first WIPO Treaty to include provisions specifically for Indigenous peoples as well as local communities. Once the treaty enters into force with 15 contracting parties, it will establish an international law on new disclosure requirement for patent applicants, whose inventions based on genetic resources and/or associated traditional knowledge.

Where a claimed invention in a patent application is based on genetic resources, each contracting party shall require applicants to disclose the country of origin or source of the genetic resources. Where the claimed invention in a patent application is based on traditional knowledge associated with genetic resources, each contracting party shall require applicants to disclose the indigenous peoples or local community, as applicable, who provided the traditional knowledge. The current patent legislation does not have a mandatory provision requiring patent applicants to disclose the country of origin or source in case where the invention is based on genetic resources.

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 framework for enforcing disclosure of origin obligations on patent applicants. — Agencies