Traditional knowledge and Intellectual property: The Misappropriation of Genetic Resources
After more than two decades of negotiations, countless reports, studies, and meetings, on 24 May 2024 WIPO finally came good on its earlier commitment when the Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge was adopted. The Treaty imposes an obligation of disclosure on patentees who create inventions based on genetic resources and traditional knowledge. It also recommends that contracting parties establish databases of genetic resources and traditional knowledge associated with genetic resources for the purposes of improving the search and examination of patent applications.
Given that a consensus on an international legal instrument was never guaranteed, it is not surprising that the passage of the Treaty was celebrated. At the same time, the Treaty has also been criticised by civil society and Indigenous groups, developing countries, and researchers who had problems with some of comprises that were agreed on in order to get the Treaty across the line. In some ways this is not surprising given that there are many aspects of the new Treaty that are problematic. These range from the lack of a definition for traditional knowledge and uncertainty about whether or not and so if so how the obligation to disclose applies to synthetic biology, through to the place of digital sequence information within the scope of the Treaty. Despite these problems, there is still a possibility that the new law may have a positive impact on the misappropriation of genetic resources and associated traditional knowledge. Ultimately, however, this will depend on how the Treaty is implemented domestically. The aim of this talk is to look at some of the options available for countries who decide to implement the Treaty in their national law who want to help prevent the misappropriation of genetic resources and traditional knowledge.
Brad Sherman is UQ Laureate Professor at the University of Queensland, Australia where he researches on intellectual property. He is currently working on a history of intellectual property in the citrus industry in California and Arizona.
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Organizer: History of Capitalism