Representatives of indigenous peoples celebrated Friday at the United Nations after agreeing a treaty against the looting of their traditional knowledge and genetic resources, such as those from medicinal plants.
The new treaty, agreed by more than 190 nations, aims to combat so-called biopiracy by making patent applicants disclose the origin of such materials used in a new invention.
Genetic resources — such as those found in medicinal plants, agricultural crops and animal breeds — are increasingly used by companies in everything from cosmetics to seeds, drugs, biotechnology and nutritional supplements.
The idea is to increase the transparency of intellectual property on indigenous peoples’ traditional knowledge about resources, but the treaty does not consider possible compensation for these communities.
The treaty is the culmination of more than 20 years of work at the UN’s innovation and patent agency — the World Intellectual Property Organization (WIPO).
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“Here we are not just making history, but the foundation for a sustainable future for all,” the Indigenous Caucus said after the deal was struck.
The treaty βfinally recognizes the critical role indigenous peoples play in protecting these resources, ensuring their survival by passing on our traditional knowledge from generation to generation.
WIPO said it was the first treaty to address “the interface between intellectual property, genetic resources and traditional knowledge.”
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Genetic resources have enabled significant progress in health, climate and food security, according to the UN.
While natural genetic resources — such as those found in medicinal plants — cannot be directly protected as intellectual property, inventions developed using them can be patented.
But many developing countries were concerned that patents were being granted that infringed on the rights of indigenous peoples.
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The text of the treaty says that patent applicants will have to disclose where the genetic resources used in an invention come from and the indigenous people who provided the relevant traditional knowledge.
The aim is to combat biopiracy by ensuring that an invention is genuinely new and that the countries and local communities concerned agree to the use of their genetic resources, such as plant species cultivated over time, and the traditional knowledge surrounding them.
The treaty establishes sanctions, which will be imposed according to the laws of the countries that adopt the agreement
Some developing countries wanted to be able to revoke patents easily, while rich countries argued that harsh sanctions would stifle innovation.
“We commend the result achieved, which strikes a good balance between promoting innovation and enhancing transparency in the patent system,” the Netherlands said on behalf of a group of mostly Western countries.
The treaty will enter into force once 15 countries have ratified it.
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“Balanced result”
Negotiations to finalize the treaty began at WIPO headquarters in Geneva on 13 May.
Brazilian Ambassador Guillermo de Aguiar Patriota, who has chaired the talks, hailed the new treaty early Friday as a “very carefully balanced outcome.”
More than 30 countries already have disclosure requirements in their national legislation.
Most of these are emerging and developing economies, including China, Brazil, India and South Africa, but others are European nations, such as France, Germany and Switzerland.
However, these procedures vary and are not always mandatory.
The new text of the treaty states that countries “shall provide an opportunity to remedy the failure to disclose the required information… before imposing sanctions.”
However, this opportunity need not be extended to “cases where there has been fraudulent conduct or intent as defined by national law”.
The treaty also says that no country “shall revoke, invalidate or render unenforceable” a patent simply because the applicant has not disclosed the necessary information.
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Developing countries have long called for greater transparency about the origin of genetic resources.
Source: AFP