THE NEW OPERATIONAL SYSTEM FOR THE PROTECTION OF GENETIC RESOURCES AND RELATED TRADITIONAL KNOWLEDGE ASSOCIATED WITH PATENTS TO PROMOTE SUSTAINABLE DEVELOPMENT IN ACCORDANCE WITH THE 2024 WIPO TREATY ON INTELLECTUAL PROPERTY, GENETIC RESOURCES AND ASSOCIA

Abstract

Genetic resources and traditional knowledge play a pivotal role in achieving sustainable development, contributing to vital sectors such as agriculture, medicine, and biodiversity conservation. They hold profound economic, social and cultural value for indigenous communities. However, piracy and the appropriation of these resources and knowledge within the patent system without equitable benefit-sharing threatens the livelihoods of these communities and undermines sustainability efforts. In response to growing demands from indigenous peoples and governments of developing countries for the protection of their resources, WIPO has established a treaty on intellectual property, genetic resources, and associated traditional knowledge. This treaty serves as an international tool aimed at addressing the patent system and ensuring greater transparency by requiring patent applicants to disclose the source of these resources and knowledge. The treaty aims to put an end to unlawful appropriation and promote fair and equitable benefit-sharing, while also considering the potential challenges of effective implementation and ensuring the participation of all stakeholders. We will demonstrate this through an analysis of the treaty’s texts and dimensions.