Bio-Based Innovation and the Global Patent System: Exploring the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

Bio-Based Innovation and the Global Patent System: Exploring the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

Journal article

1 electronic resource (page 436–446)

This opinion critically examines the 2024 WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge, a new instrument addressing the use of genetic resources (GR), and traditional knowledge associated with GR (ATK) in the global patent system. Given the Treaty’s position at the intersection of intellectual property and environmental law, this article discusses its history and negotiation in the first part, including the Treaty’s links to the Convention on Biological Diversity (CBD) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). It then discusses the concept of bio-based innovation and its role in the bioeconomy. Following this, the article assesses the Treaty’s contents, including its context and objectives, scope, the Patent Disclosure Requirement (PDR), sanctions and remedies for non-compliance with the PDR, information systems on GR and ATK, and its relationship with other international instruments. The article highlights the extensive diplomatic negotiations that shaped the final text and considers potential amendments that could be made during the Treaty’s review process. The Treaty is intended to improve the global patent system’s effectiveness, transparency, and quality concerning GR and ATK and to prevent Offices from granting patents erroneously. Its provisions present new challenges and complexities for stakeholders, and its long-term success will depend on ongoing international collaboration and engagement, both within and outside the Treaty’s framework, and ensuring equitable benefit-sharing from the use of GR and ATK as part of a global sustainable bioeconomy.

Crossref

GRUR International ; 74, 5, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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