IP & Natural Resources

In this Q&A, WIPO Director Wend Wendland walks us through the history and key elements of the WIPO IGC talks, providing useful references along the way for those seeking more in-depth background information about the technical aspects. He clears up some common misconceptions about the negotiations and the negotiating text, and calls on all stakeholders to make their voices heard at the Diplomatic Conference in May 2024 in Geneva. Click here to read the full Q&A.

This detailed analysis by the Innovation Council critically examines the proposed international instrument with respect to the patent system, R&D, and avoiding legal uncertainty.  We highlight challenges in achieving transparency, legal certainty, and the impact on R&D commercialization. With insights into the balance between protecting indigenous knowledge and fostering innovative landscapes through the patent system, this report underscores the need for clear definitions and harmonized global standards.

Click here to read our analysis.

This Innovation Council document presents a comprehensive chart detailing Patent Disclosure Requirements (PDRs) for Genetic Resources (GR) and Traditional Knowledge (TK) across various WIPO member states. It highlights the diverse and complex regulatory landscape, showcasing the differing national laws for patent disclosures and the varying punishments for non-disclosure.

Click here to read the document.

In this Innovation Council Q&A with Olivier Sauvageot of Syngenta, key issues around WIPO’s IGC negotiations on IP and genetic resources are discussed. Sauvageot, an experieced patent attorney, delves into the complexities of patenting in agriculture, highlighting the challenge of defining and managing genetic resources and associated traditional knowledge. He underscores the potential impact on R&D, patent validity, and innovation, while advocating for clear, fair, and effective IP frameworks.

Click here to read our Q&A.

In this Innovation Council Q&A, Dr. Braun — a former Swiss and European patent attorney — discusses the challenges of legal certainty and innovation risks within the context of patenting genetic resources and traditional knowledge and how this might with the IGC negotiations. He offers a unique perspective on the potential impacts on R&D and patent validity, highlighting the critical balance needed between transparency, legal harmonization, and innovation incentives.

Click here to read our Q&A.

This article is an overview of the key issues at hand written by Wend Wendland, Director of the Traditional Knowledge Division at WIPO.

In July 2022, WIPO fast-tracked a treaty negotiations addressing concerns of “biopiracy” involving genetic resources and traditional knowledge. The creation of an international legal instrument is set to be discussed no later than 2024. Prompted by the African Group’s proposal, the intent is to ensure patent transparency and protect Indigenous and local communities. However, questions regarding legal uncertainty and its potential impact on innovation remains a topic of debate.

Click here to read the article.

This Swedish Environmental Protection Agency informative video provides a methodical break-down of these concepts. 

There are a multitude of pre-existing international agreements surrounding the fair and effective use of natural resources by biopharmaceutical manufacturers. These agreements influence and shape the current debates at WIPO. Some common terms used at WIPO are: CBD, Nagoya Protocol, ABS, PIC, and MAT. With this many terms, it can be easy to get lost when following the current discussions.

Click here to watch the video.

Created by the Global Genome Biodiversity Network (CGBN) this Q&A document succinctly breaks down everything you need to know about Access and Benefit Sharing (ABS). Starting with resources to comply with the Nagoya Protocol, the document then explains key terms, networks, and the intricacies of laws surrounding natural resources applicable to the Nagoya Protocol.

Click here to read the document.

This webpage by WIPO contains the updated documents and work related to the IGC. In particular, one can find the IGC’s mandate as well as much of the technical explanations surrounding the definition and use of traditional knowledge.

Click here to access the page.

This WIPO document pertains to how a potential disclosure requirement for genetic resources differs from and would interact with existing legal instruments. Importantly, this document covers how disclosure currently works under the Nagoya Protocol, the FAO ITPGRFA, and national patent offices.

Click here to read the document.

The following page by WIPO contains a table of the various laws and instruments in place by country regarding PDRs.

Click here to view the table.

This is an executive summary of the Chair’s text, the draft legal instrument which serves as the basis for current discussions on the creation of a new international legal instrument at WIPO. As the chair notes, the focus is on fortifying the patent system’s transparency and efficacy concerning genetic resources (GRs) and associated traditional knowledge (aTK). Central to the draft is the establishment of a mandatory patent disclosure requirement. However, many questions on how this will play out in the real-world remain. Negotiations will continue all the way through the diplomatic conference, to be held in 2024.

Click here to read the document.

This WIPO document outlines subject matters relating to a patent disclosure requirement. This includes whether disclosure requirements should apply only to patent rights or also to other IP rights, whether the subject matter of disclosure should encompass only GRs and biological resources or also include TK, and whether the subject matter should encompass “derivatives,” raising the issue of the definition of this term.

Click here to read the document.

This WIPO document outlines how the trigger for a patent disclosure requirement would work and what it would entail. This includes the relationship between the subject matter and claimed invention, namely relevant Genetic Resources (GRs) and Associated Traditional Knowledges (aTKs). Furthermore, this document explores relevant existing laws across the world to help illustrate how a trigger might work in practice.

Click here to read the document.

This WIPO document outlines the stated objectives for a patent disclosure requirement by WIPO. We see that the main objectives are to enhance efficiency, transparency, and legal certainty of the patent system as well as prevent misappropriation.

Click here to read the document.

This presentation delivered by Ruth L. Okediji, a law professor, considers the pros and cons for implementing an international disclosure requirement. The presentation ends with some recommendations which could be prominent in the forthcoming IGC discussions in 2024.

Click here to view the presentation.

This IFPMA position paper outlines IFPMA’s current guidelines on access to genetic resources and the sharing of their benefits. Though this paper is made in relation to the CBD, its industry best practices section provides a good overview of what systems are already in place through the CBD for increasing benefit sharing and preventing misappropriation relating to genetic resources.

Click here to read the paper.

This study commissioned by the IFPMA and Crop Life International explores the economic impact of disclosure requirements (DRs) through careful evaluation of pre-existing DR regimes in India and Brazil. Their findings show that DRs have a direct impact on the discovery phase of the R&D cycle in biopharmaceuticals and that a DR requirement could have negative and/or distortive effects on innovation.

Click here to read the study.

This position paper by the IFPMA highlights the key concerns by the biopharmaceutical industry with regards to the patent disclosure requirement. The front page summarizes the key messages which includes that the current Chair’s text could inhibit innovation, leaves too much discretion to member states, has too broad of a scope, and does not meet the stated intentions of the IGC.

Click here to download the paper.

WIPO member states on May 24, 2024 approved a new historic treaty related to intellectual property, genetic resources and associated traditional knowledge, marking an advancement that capped over two decades of negotiations.

To review WIPO’s press announcement about the successful outcome of the Diplomatic Conference, click here to learn more.