PIB Summary- 27th May, 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

WIPO Treaty, a big win for India and Global South

Context

The World Intellectual Property Organization (WIPO) treaty on genetic resources (GRs) and associated traditional knowledge (ATK) represents a landmark agreement for protecting biodiversity and traditional wisdom, integrating these elements into the global intellectual property (IP) system.

This treaty, championed by India, mandates disclosure of origin for patent applications, safeguarding GRs and ATK from misappropriation.

Analysis of the news:

The World Intellectual Property Organization (WIPO):

• Establishment: Founded in 1967, WIPO is a specialised agency of the United Nations.
• Headquarters: Located in Geneva, Switzerland.
• Mission: Promote the protection of intellectual property (IP) worldwide.
• Membership: Comprises 193 member states.
• Key Treaties: Administers international treaties like the Patent Cooperation Treaty (PCT) and the Madrid System for trademarks.
• Services: Offers dispute resolution services, global IP databases, and training programs.
• Development Focus: Supports IP systems in developing countries to foster innovation and creativity.
• Events: Organises annual World Intellectual Property (IP) Day on April 26 to raise awareness about the role of IP in society.

1. For the first time, traditional knowledge and wisdom that have sustained economies, societies, and cultures are now integrated into the global Intellectual Property (IP) system.
2. The treaty recognizes the connection between local communities and their GRs and ATK, an acknowledgment long championed by India.
3. The treaty will safeguard biodiversity, increase transparency in the patent system, and strengthen innovation.
4. It allows the IP system to incentivize innovation while evolving inclusively to meet the needs of all countries and their communities.
5. India and the global South, proponents of this instrument, secured the treaty’s adoption after two decades of negotiations, with support from over 150 countries.
6. The treaty bridges conflicting paradigms within the IP system and biodiversity protection, with major developed countries on board.
7. Upon ratification, the treaty will require mandatory disclosure obligations for patent applicants to disclose the origin or source of GRs when inventions are based on these resources or ATK.
8. This will provide added protection to Indian genetic resources (GRs) and associated traditional knowledge (ATK), currently prone to misappropriation in countries without disclosure obligations.
9. By establishing global standards for disclosure of origin obligations, the treaty creates a robust framework within the IP system for provider countries.
10. Currently, only 35 countries have disclosure obligations, often non-mandatory and lacking effective sanctions or remedies.
11. The treaty will compel contracting parties, including developed nations, to amend their legal frameworks to enforce disclosure obligations.
12. This treaty signifies the beginning of collective growth and a sustainable future, a cause India has long championed.

 Potential advantages of this Treaty for India:

• Enhanced Protection: Provides added legal protection for India’s genetic resources (GRs) and traditional knowledge (TK) from global misappropriation.
• Global Recognition: Acknowledges and integrates India’s traditional knowledge systems into the international intellectual property (IP) framework.
• Biodiversity Conservation: Strengthens efforts to conserve biodiversity by mandating disclosure of origin in patent applications.
• Innovation Promotion: Encourages innovation by ensuring transparency and fair use of GRs and TK, fostering trust in the IP system.
• Legal Reforms: Necessitates amendments in national and international IP laws, aligning them with the treaty’s disclosure requirements.
• Economic Benefits: Potentially increases revenue from biodiversity-related patents and promotes sustainable use of resources.
• Cultural Preservation: Aids in the preservation and respect of India’s cultural heritage and traditional practices.
• Leadership Role: Reinforces India’s leadership in advocating for the rights of biodiversity-rich countries in the global IP arena.