IANS | 27 May, 2024
The World Intellectual Property Organisation (WIPO) treaty on
intellectual property, Genetic resources (GRs) and associated traditional
knowledge (ATK), is a significant win for countries of the Global South and for
India, Ministry of Commerce & Industry said on Sunday.
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, the ministry said in a statement.
“For the first time the connection between local communities and their
GRs and ATK is recognised in the global IP community,” it added.
The treaty will not only safeguard and protect biodiversity but will
increase transparency in the patent system and strengthen innovation.
Through this treaty, the IP system can continue to incentivise
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
for long been a proponent 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.
“The treaty on ratification and entry into force 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,” the ministry elaborated.
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,” the ministry noted.
--IANS