Daily TribuneThe treaty is the first WIPO-administered instrument to address the interface between patents, genetic resources and traditional knowledge associated with genetic resources, and include provisions relating to Indigenous Peoples and local communities
Because of its inclusion in the 194-member states of the World Intellectual Property Organization (WIPO), the Intellectual Property Office of the Philippines joined the adoption treaty on intellectual property (IP), genetic resources (GR), and traditional knowledge associated with genetic resources (ATK), capping about 25 years of negotiations and ushering in a new and more inclusive global patent system.
The treaty is the first WIPO-administered instrument to address the interface between patents, GR, and ATK and include provisions specifically relating to Indigenous Peoples and local communities.
The instrument mainly aims to establish in international law a new disclosure requirement for patent applicants whose inventions are based on GR and its ATK.
The disclosure is seen as a critical mechanism to combat the misappropriation of GR and ATKs.
In the Philippines, one such mechanism is already in place through a joint administrative order with the National Commission on Indigenous Peoples.
Historic event
As one of the firm and long-time supporters of the instrument, IPOPHL said the historic event marks “a win for inclusivity in the patent system” as it recognizes the rights of Indigenous Peoples and local communities over their GR and ATK — considered to be national cultural treasures in the Philippines and many countries.
“The treaty is a testament to our collaborative spirit that can empower the marginalized sectors, beyond national borders, while upholding a balanced IP system,” said IPOPHL director general Rowel Barba during the Diplomatic Conference held in Geneva from 14 to 24 May.
Sufficient policy space
Further, he also reminded of the need for parties to be given “sufficient policy space” to adopt the treaty, considering the varying national circumstances of member-states to legislate and implement treaty provisions.
“In this context, we wish to advocate for a balanced approach in promoting the aims of the treaty and pursuing the ends of diversity which this very treaty stands for,” Barba maintained.
With the adoption of the treaty, the IPOPHL chief said it will recommend to the Office of the President, through the Department of Foreign Affairs, for the Philippines to be a Contracting Party to put the treaty in motion in the country as a policy for nationwide implementation.
The new WIPO Treaty will enter into force three months after the ratification of 15 Contracting Parties.
