Genetic Resources, Traditional Knowledge and Folklore Protection: One Step Forward for The World!

In a significant development for intellectual property rights, member state delegates of The World Intellectual Property Organization (WIPO) have officially reached the final stage of negotiations on a proposed treaty on Genetic Resources and Associated Traditional Knowledge. This milestone was achieved during a Diplomatic Conference held in Geneva from May 13th to the 24^th, drawing the participation of approximately 1200 delegates, including government Ministers, observers, and various stakeholders.

The primary objectives of the conference were to “enhance the efficacy, transparency and quality of the patent system" and to "prevent patents from being granted erroneously for inventions that are not novel or inventive with regard to genetic resources and traditional knowledge associated with genetic resources". These objectives formed the cornerstone of the Basic Proposal deliberated upon at the conference.

Discussions surrounding this treaty have been ongoing for two decades, initiated by numerous nations aiming to establish international norms for protecting genetic resources, traditional knowledge, and traditional cultural expressions (folklore). Since then, the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (“GRTKF”) has been diligently addressing these issues.

The longstanding global issue surrounding the exploitation of local flora, fauna, traditional knowledge, and culture has gained significant attention, particularly from developing countries and indigenous communities. Ensuring protection from such exploitation is essential to safeguarding the rights and interests of these groups. In recent years, there has been a growing demand for greater transparency from businesses that utilize traditional knowledge or cultural heritage of foreign nations or indigenous cultures.

Pharmaceutical companies, for instance, have faced criticism for commercializing medicinal products, while fashion brands have been called out for appropriating or utilizing traditional patterns in their designs. This practice, often referred to as biopiracy or cultural appropriation, has sparked debates and controversies globally.

The proposed treaty’s Basic Proposal aims to address these concerns by imposing mandatory patent disclosure requirements. Patent applicants would be obligated to disclose the country of origin of Genetic Resources (GRs) and/or the indigenous peoples or local community providing the Associated Traditional Knowledge (ATK) if the claimed inventions are materially or directly based on GRs and/or ATK. Even if the source of the GRs or ATK is unknown, disclosure would still be required, and patent applicants must declare if any of the aforementioned details are unknown.

Several countries, including Germany and the Philippines, have already implemented similar mandatory patent disclosure requirements. For instance, the German Patent Act imposes stringent obligation, with legal consequences for parties failing to disclose clear information. Similarly, the Philippines enacted similar requirements in 2016.

For Indonesia, a nation rich in resources and traditional knowledge, the proposed treaty holds significant potential benefits. Febrian Ruddyard, the Indonesian Permanent Representative to the United Nations, underscored Indonesia’s pivotal role in the WIPO Diplomatic Conference’s negotiation process. Over 24 years, Indonesia has coordinated discussion among like-minded nations on GRs and ATK.

The proposed treaty directly aligns with Indonesia's interests, particularly those of its indigenous people, by offering increased transparency in the global patent system. Febrian emphasized that the treaty would reinforce both the preservation of traditional knowledge and the standardization and harmonization of international laws, thereby bolstering Indonesia’s position.

While many countries, such as Vietnam, Uganda, Namibia, Kyrgyzstan, India, Iran, and various European countries, have already implemented similar requirements in their national laws, Indonesia is well-positioned to reap the benefits of the proposed treaty. According to the Basic Proposal, the new legal instrument would come into effect three months after 15 countries ratify or accede to it.

As this milestone approaches, Indonesia should be prepared, given its familiarity with the requirements outlined in the proposed treaty. This readiness will enable Indonesia to leverage its abundant resources and traditional knowledge, potentially leading to increased global exposure and the recognition it rightfully deserves. (RIE/GMW)

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