UN Agreement to Combat Biopiracy: A Joint Effort to Protect Biodiversity
Published on: May 9, 2024.
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UN Aims to Combat Biopiracy with International Agreement
The United Nations is striving to finalize an international agreement this month on tackling the issue of biopiracy, after over two decades of talks. The World Intellectual Property Organization (WIPO), a UN agency focusing on intellectual property (IP) and innovation, is pushing for greater transparency in the patenting of traditional knowledge regarding genetic resources. WIPO’s 193 member states will negotiate a deal from May 13 to 24 in Geneva, with the goal of protecting genetic resources from exploitation.
Genetic resources, found in medicinal plants, agricultural crops, and animal breeds, are increasingly used in various industries, including cosmetics, biotechnology, and food supplements. The concern is that developing countries, where much of this traditional knowledge originates, fear that patents are being granted that either infringe on the rights of indigenous peoples or are issued for existing inventions. This has led to prolonged legal disputes in some cases, referring to this issue as biopiracy.
While genetic resources cannot be directly protected as intellectual property, inventions derived from them can be patented. WIPO notes that inventions based on genetic resources and traditional knowledge may be eligible for patent protection. Under the proposed agreement, patent applicants will have to disclose the country of origin of the genetic resources used in their invention, as well as the indigenous people who provided the traditional knowledge. This aims to enhance the efficacy, transparency, and quality of the patent system, ensuring that the invention is genuinely new and that the relevant countries and communities have consented.
Over 30 countries, including China, Brazil, India, and South Africa, have implemented disclosure requirements in their national laws to increase transparency surrounding genetic resources. However, these procedures can vary and are not always mandatory. The goal is for greater transparency to encourage compliance with the Nagoya Protocol, which establishes that those providing genetic resources or traditional knowledge should benefit from their usage.
Impact on Developing Countries and Indigenous Peoples
Developing countries and indigenous peoples have long advocated for improved transparency regarding the origin of genetic resources. Colombia was the first country to officially request WIPO’s assistance on this matter in 1999. After years of negotiations, a draft agreement consisting of 11 pages was created from a staggering 5,000 pages of documentation on the subject. In 2024, a diplomatic conference is scheduled to conclude an agreement, following an unexpected consensus from countries two years ago. Notably, only the United States and Japan officially distanced themselves from the decision, without opposing the consensus.
For developing countries and indigenous peoples, an agreement would be considered a significant victory, strengthening their rights and enhancing the protection of their traditional knowledge. However, several key issues still need to be resolved, including the consequences for those who violate the rules. The draft agreement allows patent applicants an opportunity to rectify any non-disclosure before sanctions are imposed. Additionally, the patent can only be revoked if there was an intention to defraud. It is crucial for countries to agree on the definition of genetic resources, as well as determine what information patent applicants should provide.
The International Chamber of Commerce has urged WIPO member states to balance the interests of the business community and innovation in shaping the agreement. The scope of the agreement remains a point of contention, particularly regarding the inclusion of human genetic resources.
By establishing greater transparency and protection for genetic resources, this forthcoming international agreement aims to address the issue of biopiracy while fostering innovation and fair recognition of traditional knowledge.
