26 May 2024 PIB
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TABLE OF CONTENTS

1. WIPO Treaty, a big win for India and Global South

1.WIPO Treaty, a big win for India and Global South

Syllabus: GS-3, Issues relating to Intellectual Property Rights

Prelims: About  Intellectual property

 

Historic Milestone for India and the Global South:

 

• The WIPO treaty on intellectual property, genetic resources (GRs), and associated traditional knowledge (ATK) is a major victory for India and the global South.
• India, a mega biodiversity hotspot, has abundant traditional knowledge and wisdom.
• This treaty inscribes traditional knowledge and wisdom into the global IP system, recognising the connection between local communities and their GRs and ATK.

 

Benefits of the Treaty:

 

• The treaty safeguards biodiversity and enhances transparency in the patent system.
• It strengthens innovation by making the IP system more inclusive and responsive to the needs of all countries and communities.
• The treaty is a result of over two decades of negotiations and has been adopted by consensus among more than 150 countries.

 

Impact on Patent System and Biodiversity Protection:

 

• Developed countries, which generate IP and use these resources for research and innovation, are on board, bridging conflicting paradigms within the IP system.
• The treaty requires mandatory disclosure obligations for patent applicants to disclose the country of origin or source of genetic resources when the claimed invention is based on GRs or ATK.
• This offers added protection to Indian GRs and TK, preventing misappropriation in countries without disclosure obligations.

 

Global Standards and Implementation:

 

• Currently, only 35 countries have some form of disclosure obligations, mostly non-mandatory with inadequate sanctions or remedies.
• The treaty mandates contracting parties, including developed countries, to enforce disclosure of origin obligations on patent applicants, requiring changes in their existing legal frameworks.
• This establishes an unprecedented framework within the IP system for provider countries of GRs and ATK.

 

Future Prospects:

• The treaty marks the beginning of a journey towards collective growth and sustainable development, a cause long championed by India.
• It promises a sustainable future by creating global standards and protecting the rights and resources of biodiversity-rich countries.

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