Celebrations with the agreement of a new treaty on biopiracy at the UN May 24, 2024

The treaty was agreed at the UN's WIPO agency © Fabrice COFFRINI / AFP

By AFP - Agence France Presse

Celebrations with the agreement of a new treaty on biopiracy at the UN

Geneva (AFP) - Representatives of indigenous peoples celebrated on Friday at the United Nations the agreement of a treaty against the plundering of their traditional knowledge and genetic resources, such as medicinal plants.

The new treaty, agreed by more than 190 nations, aims to combat so-called biopiracy by obliging patent applicants to reveal the origins of the materials used in a new invention.

Genetic resources - such as those found in medicinal plants, crops, and animal breeds - are increasingly used by companies in everything from cosmetics to seeds, medicines, biotechnology, and food supplements.

The idea is to increase intellectual property transparency over indigenous peoples' traditional knowledge of the resources, but the treaty does not address possible compensation for these communities.

The treaty results from more than 20 years of work by the UN's innovation and patent agency, the World Intellectual Property Organization (WIPO).

“Here we are not simply making history, but the basis for a sustainable future for all,” said the Indigenous Caucus after reaching the agreement.

The treaty “finally recognizes the crucial role that indigenous peoples play in protecting these resources, ensuring their survival through the transmission of our traditional knowledge from generation to generation”.

WIPO said it was the first treaty to address “the interface between intellectual property, genetic resources, and traditional knowledge”.

Debate on sanctions

Genetic resources have enabled considerable progress in health, climate, and food security, according to the UN.

Although natural genetic resources, such as those found in medicinal plants, cannot be directly protected as intellectual property, inventions developed with them can be patented.

However many developing countries were concerned that patents were being granted that circumvented the rights of indigenous peoples.

The text of the treaty says that patent applicants must disclose the origin of the genetic resources used in an invention and the indigenous peoples who provided the associated traditional knowledge.

The aim is to combat biopiracy by ensuring that an invention is genuinely new and that the countries and local communities involved agree to the use of their genetic resources, such as plant species cultivated over time and the traditional knowledge surrounding them.

The treaty establishes sanctions, which would be imposed according to the laws of the countries that adopt the agreement

Some developing countries wanted to be able to revoke patents easily, while rich countries argued that strict penalties would hinder innovation.

“We commend the result achieved, which strikes a good balance between promoting innovation and increasing transparency in the patent system,” said the Netherlands on behalf of a group of mostly Western countries.

The treaty will enter into force when 15 countries ratify it.

'Balanced outcome'

Negotiations to finalize the treaty began at WIPO headquarters in Geneva on May 13.

Brazilian ambassador Guilherme de Aguiar Patriota, who chaired the negotiations, hailed the new treaty on Friday as a “carefully balanced outcome”.

More than 30 countries already have disclosure requirements in their national laws.

Most of them are emerging and developing economies, including China, Brazil, India, and South Africa, but others are European states such as France, Germany, and Switzerland.

However, these procedures vary and are not always mandatory.

The new text of the treaty says that countries “shall provide an opportunity to rectify the failure to disclose the required information... before implementing sanctions”.

However, this opportunity need not be extended in “cases where there has been fraudulent conduct or intent, as provided for in national law”.

The treaty also says that no country shall “revoke, invalidate or render unenforceable” a patent solely because the applicant failed to disclose the required information.

Developing countries have long called for greater transparency about the origin of genetic resources.

© 2024 AFP