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New Treaty relating to Genetic Resources and Brazil’s participation in its conclusion
On May 24, 2024, the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge was concluded and signed by the more than 190 countries present at the Diplomatic Conference to Conclude an International Legal Instrument Relating to Intellectual Property, Genetic Resources, and Traditional Knowledge Associated with Genetic Resources in Geneva.
This Treaty includes 22 articles, and its purpose is to promote the efficacy, transparency, and quality of the patent system and to prevent patents from being granted erroneously for inventions that are not novel or inventive when related to genetic resources, or traditional knowledge associated with genetic resources, as defined in Article 1.
According to the Brazilian PTO, the Brazilian team had an active role in participating and actively working on the writing of article 2, which defines terms, and article 5, which stated sanctions and remedies, of the new legal institute.
This Treaty is relevant for mega-biodiverse countries, such as Brazil, and also highlights the importance of including Indigenous Peoples and local communities, when applicable. For example, Article 3 states the requirement of the applicants to disclose the “Indigenous Peoples or local community, as applicable, who provided the traditional knowledge associated with genetic resources”.
Thus, the Treaty requires that an invention claimed in a patent application which is based on genetic resources, or traditional knowledge associated with genetic resources, should disclose the Indigenous people or local community as the source of that resource or knowledge.
According to Article 17 of the Treaty, the content will be in force, that is, have validity, three months after the 15 eligible parties file their ratification instruments. In Brazil, the approval of the National Congress is needed.
To read the Brazilian PTO publication, in Portuguese: https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/com-participacao-do-inpi-ompi-conclui-novo-tratado-sobre-recursos-geneticos
To read the Treaty, in English: https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/TratadoOMPIrecursosgenticos.pdf
Author: Tainara Barbosa