Adopted by consensus by 176 member countries, the World Intellectual Property Organization agreement is the result of two decades of negotiations.
Brazil signed the Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge at the Diplomatic Conference of the World Intellectual Property Organization (WIPO), which closed in Geneva, Switzerland, last Friday, May 24.
The decision by WIPO, an international entity part of the United Nations (UN) System, is the body’s first agreement to interrelate intellectual property with respect for the genetic heritage and knowledge of indigenous peoples and traditional communities.
Presided over by Brazil’s permanent representative to the International Economic Organizations, the conference results from two decades of negotiations at WIPO. Brazil acted to incorporate respect for the genetic heritage and knowledge of indigenous peoples and traditional communities into the intellectual property system. With the treaty adopted by consensus by 176 WIPO member countries, patent applicants must disclose access to genetic resources and associated traditional knowledge necessary for their inventions.
Genetic resources include plants commonly linked to indigenous peoples and local communities for their use, conservation, and tradition, passed down through generations. Although genetic resources in their natural state cannot be directly protected as intellectual property (IP), inventions developed using these resources meet the requirements for obtaining protection, generally through patents. This is a historical issue for developing and megadiverse countries in the intellectual property regime, with expected impacts on multilateral environmental regimes and agreements such as CBD, Nagoya Protocol, TIRFAA, and BBNJ.
“Today is a historic day in many ways, not only because it is the new WIPO treaty in more than a decade, but also because it is the first to address the genetic resources and traditional knowledge held by Indigenous peoples and local communities. In this way, we demonstrate that the intellectual property system can continue to encourage innovation and, at the same time, evolve inclusively, responding to the needs of all countries and their communities”, said WIPO Director General Daren Tang.
PATENTS — Under the treaty, patent applicants whose inventions are based on genetic resources or associated traditional knowledge must disclose the country of origin, the original source of these resources, and which indigenous peoples or local communities provided the traditional knowledge used in research.
Since the resulting inventions occur in industrial sectors with a significant market share, such as pharmaceuticals, cosmetics, food, and others, the agreement strengthens efforts to conserve biodiversity by facilitating the benefits generated from these inventions are shared with the countries of origin of the genetic resources and with the people and communities that hold the associated traditional knowledge.
This is a historic and innovative step for Carolina Miranda, general coordinator of International Regulation at the Secretariat of Copyright and Intellectual Rights (SDAI) of the Ministry of Culture (MinC). “This treaty has a range of norms adapted to these traditional communities. It is a new way of looking at intellectual property, adapting its concepts to respect the needs of traditional communities and issues such as those of original peoples,” “he explained.
CONTRIBUTION TO SCIENCE – The agreement is a milestone in the international intellectual property regime that translates into concrete actions in the economic objectives of environmental protection and promotion of human rights. Brazil’s commitment to the negotiations reiterates Brazil’s determination to seek, also through multilateral means, opportunities to generate sustainable employment and income for traditional communities, supporting the conservation of forests and biodiversity.
The instrument could promote science and innovation in biodiverse countries. It should facilitate the inclusion of traditional communities in sharing economic benefits derived from patents that use their knowledge and customs. Judging by the Brazilian experience (patent applicants are already obliged to reveal this information in the country), the agreement’s benefits may also be felt by countries that host industries that use genetic resources and associated traditional knowledge. According to INPI, since 2015, when the Biodiversity Law came into force, the number of patent requests that use genetic resources and associated traditional knowledge has increased considerably, indicating an incentive for innovation.
In addition to the Ministry of Foreign Affairs, the Brazilian delegation included the Ministry of Environment and Climate Change, the Ministry of Indigenous Peoples, the Ministry of Justice, and the National Institute of Industrial Property, and had the participation of representatives of indigenous peoples from different biomes.
Brazil’s commitment to concluding the treaty was widely recognized in its choice to preside over the Diplomatic Conference, which signals the international perception of the country’s relevant role as a facilitator of consensual solutions for advances in the global agenda while keeping alive the space of economic multilateralism.
Source: Brazilian Government
