The Intellectual Property Office of the Philippines (IPOPHL) and the World Intellectual Property Organization (WIPO) adopted a groundbreaking treaty on intellectual property (IP) rights for genetic resources (GR) and associated traditional knowledge (ATK), capping about 25 years of negotiations and ushering in a new and more inclusive global patent system.
The Philippines and the 193 member states of the WIPO agreed on May 24, 2024 to establish 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 treaty is a testament of our collaborative spirit that can empower the marginalized sectors, beyond national borders, while upholding a balanced IP system,” said IPOPHL director-general Rowel Barba at the diplomatic conference held in Geneva from May 13 to 24, 2024.
The agreement included crucial provisions recognizing the rights of indigenous peoples and local communities.
The new treaty establishes a mandatory disclosure requirement for patent applicants if they are based on genetic resources and associated traditional knowledge. The critical mechanism aims to combat the misappropriation of these valuable resources.
The IPOPHL said the Philippines has already been proactive in this area, implementing similar disclosure mechanisms through a joint order with the National Commission on Indigenous Peoples.
Barba hailed the treaty as a “win for inclusivity in the patent system,” recognizing the rights of indigenous communities and protecting their cultural treasures.
IPOPHL will recommend that the Philippines become a contracting party to the treaty, enabling its national implementation. The treaty will officially come into effect three months after ratification by 15 countries.
