WIPO Treaty Protecting Genetic Resources and Traditional Knowledge

• 01 Jun 2024

For Prelims: World Intellectual Property Organization, Intellectual property rights, Biopiracy, Ayurveda, GI Tag, Trademarks

For Mains: Issues relating to Intellectual Property Rights, Protection of biodiversity and traditional wisdom, Indian genetic resources and associated traditional knowledge

Source: PIB

Why in News?

The recently concluded World Intellectual Property Organization (WIPO) treaty on Intellectual Property (IP), Genetic Resources (GRs), and Associated Traditional Knowledge (ATK) is a significant win for countries of the global South including India.

• The treaty has been adopted at a multilateral forum with a consensus among more than 150 countries, including the majority of the developed economies.

What is the Significance of the WIPO Treaty?

• Inscription of TK and Wisdom into the Global IP System: The treaty marks the first time that traditional knowledge and wisdom systems are being inscribed into the global intellectual property (IP) system.

  • The treaty sets unprecedented global standards within the IP system for provider countries of GRs and ATK.

• Protection of Biodiversity: The WIPO Treaty aims to balance the rights of countries rich in biodiversity and traditional wisdom with the global Intellectual Property Rights (IPR) system.
• Inclusive Innovation: It promotes inclusive innovation by recognising the connection between local communities and their GRs and ATK.
  • The treaty protects the wealth of traditional knowledge on medicinal plants, agriculture, and other aspects of life, passed down through generations, from misappropriation.
    
• Disclosure Requirements: The treaty will require contracting parties to put in place mandatory disclosure obligations for patent applicants to disclose the country of origin or source of the genetic resources when the claimed invention is based on genetic resources or associated traditional knowledge.

  • The WIPO Treaty helps combat biopiracy by establishing a legal framework to protect GRs and traditional knowledge from unauthorised commercial exploitation.

• Prevention of Misappropriation: The treaty establishes mandatory disclosure obligations, which offer added protection to prevent the misappropriation of GRs and ATK in countries without existing disclosure laws.

  • The recognition is crucial as several traditional herbs and products have been falsely claimed as foreign inventions in the past, leading to contested patent applications.

World Intellectual Property Organisation

• It is the global forum for Intellectual Property (IP) services, policy, information and cooperation. It is a self-funding agency of the United Nations, with 193 member states including India.
• Its mission is to lead the development of a balanced and effective international IP system that enables innovation and creativity for the benefit of all.
• WIPO defines Traditional knowledge (TK) as knowledge, know-how, skills and practices that are developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity.

Note

• Genetic resources (GRs) are defined in the Convention on Biological Diversity, 1992 (CBD) as genetic material of plant, animal, microbial or other origin containing functional units of heredity that has actual or potential value.
• Examples include medicinal plants, agricultural crops and animal breeds.

What are the Past Cases Surrounding Traditional Knowledge and Genetic Resources in IPR?

• Traditional Knowledge:
  • The Turmeric Case: Turmeric, a tropical herb from India, is widely used in the country for medicinal, culinary, and dye purposes. It is used as a blood purifier, for treating the common cold, and as an antiparasitic for skin infections.
    • In 1995, the US issued a patent for using turmeric powder for wound healing to the University of Mississippi Medical Center, but it was later revoked due to prior art evidence provided by the Indian Council for Science and Industrial Research (CSIR).
  • The Neem Case: It raised a controversy over a patent granted to a company W.R. Grace for a formulation using the active ingredient azadirachtin from the neem plant.
    • Traditional medicine systems like Ayurveda and Unani have long recognised neem's medicinal and pesticide properties.
    • However, the patent granted the company exclusive rights to use azadirachtin (extract of fruit from the Neem tree) in a specific storage solution.
    • This sparked an outcry and led to re-examination and opposition proceedings at the United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO). While the USPTO upheld the patent, the EPO ultimately ruled against it, stating it lacked innovation.
• Genetic Resources:
  • Wheat Varieties Case (2003): The case involves biopiracy of Indian wheat varieties known as Nap Hal and Nap Hal-49, which were patented by a European company claiming to be the inventors.
    • Indian authorities intervened and provided evidence that these wheat varieties originally belonged to India, were its natural resources and crop varieties, and were not novel inventions. As a result, the patents were revoked.
  • Basmati Rice Case (2000): It involved a US company being granted a patent for Basmati rice by the USPTO.
    • The applicants falsely claimed to have invented the new variety, leading to conflict between Indian and American agricultural organisations.
    • Eventually, the patent claims were narrowed down when the applicants admitted they didn't invent Basmati rice.

What are India’s Initiatives Related to Protecting Traditional Knowledge and Genetic Resources?

• Traditional Knowledge:
  • Traditional Knowledge Digital Library:
    • The TKDL is a comprehensive database of medicinal formulations in various languages.
    • Established in 2001, the TKDL was created in response to India’s challenges in overturning patents on traditional remedies like turmeric and neem.
    • This initiative, a joint effort by the CSIR and the Department of AYUSH, aims to safeguard India’s rich medicinal knowledge from being patented erroneously, which was happening at an estimated rate of 2,000 cases per year.
    • The TKDL has been pivotal in protecting India’s traditional medicinal systems from misappropriation globally.
  • Patents (Amendment) Act, 2005: It aims to protect the rights of indigenous communities by obligating patent applicants to disclose the origin of biological resources in their inventions.
    • Failure to disclose this information, especially related to TK, may result in the refusal of the patent.
  • Trademark Act, 1999: Trademarks are based on the principles of distinguishability and avoiding confusion. They differentiate goods and prevent confusion about the source of a product.
    • The act allows for the protection of agricultural and biological products, including those from indigenous communities.
    • Indigenous groups can use trademark registration to differentiate their brand and guarantee unique quality.
  • Biological Diversity Act, 2002 :It was enacted to provide for the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits arising out of the use of biological resources and traditional knowledge.
  • Geographical Indications (GI) : It is a designation applied to products originating from a specific geographical area, indicating that the qualities or reputation of the products are inherently linked to that particular origin.
• Genetic Resources:
  • National Gene Bank : It was established in 1996 to preserve the seeds of Plant Genetic Resources (PGR) for future generations. It has the capacity to preserve about one million germplasm (living tissue from which new plants can be grown) in the form of seeds.
  • Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001: Plant breeders and farmers providing Plant Genetic Resources (PGR) for developing new varieties should receive a fair share of commercial gains.
    • The PPV&FR Act 2001, is the first to include a provision for access and benefit-sharing (ABS) along with Plant Breeder’s Rights (PBRs).
  • National Bureau of Plant Genetic Resources (NBPGR): It is an Indian institute working under the Indian Council of Agricultural Research (ICAR). It plays a pivotal role in conserving and protecting the genetic diversity of cultivated plants and their wild relatives in India.
  • National Bureau of Animal Genetic Resources (NBAGR): As a part of ICAR, NBAGR aims to conserve, characterise, and utilise animal genetic resources for sustainable livestock development in India. It maintains a genbank repository of the National Bureau of Animal Genetic Resources.
  • Microbial and Insect Biodiversity: National Bureau of Agriculturally Important Insects (NBAII) serves as a nodal agency for collection, characterization, documentation, conservation, exchange, and utilisation of agriculturally important insect resources.

International initiatives for Access and Benefit-sharing of GR and TK

• Convention on Biological Diversity
• Nagoya Protocol
• TRIPS agreement
• International Treaty on Plant Genetic Resources for Food and Agriculture
• Commission on Genetic Resources for Food and Agriculture
• UNESCO's Local and Indigenous Knowledge Systems (LINKS): It is an interdisciplinary initiative that promotes indigenous and local knowledge and its meaningful inclusion in environmental policy and action.

Drishti Mains Question:

Q. Evaluate India's initiatives related to protecting traditional knowledge. How do these initiatives contribute to safeguarding India's rich medicinal knowledge and biodiversity resources?

UPSC Civil Services Examination, Previous Year Questions (PYQs)

Prelims

Q. With reference to the ‘National Intellectual Property Rights Policy’, consider the following statements: (2017)

1. It reiterates India’s commitment to the Doha Development Agenda and the TRIPS Agreement.
2. Department of Industrial Policy and Promotion is the nodal agency for regulating intellectual property rights in India.

Which of the above statements is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Ans: (c)

Q. Consider the following statements: (2019)

1. According to the Indian Patents Act, a biological process to create a seed can be patented in India.
2. In India, there is no Intellectual Property Appellate Board.
3. Plant varieties are not eligible to be patented in India.

Which of the statements given above is/are correct?

(a) 1 and 3 only
(b) 2 and 3 only
(c) 3 only
(d) 1, 2 and 3

Ans: (c)

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Mains

Q. In a globalized world, Intellectual Property Rights assume significance and are a source of litigation. Broadly distinguish between the terms—Copyrights, Patents and Trade Secrets. (2014)