South Centre Statement to the WIPO Diplomatic Conference on a Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge
Geneva, 24 May 2024
We applaud the historic conclusion of a new WIPO treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge.
STATEMENT
Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge
Geneva, May 13-24, 2024
The South Centre at WIPO Diplomatic Conference urges strong improvements in Basic Proposal for IP and genetic resources treaty: clear minimum standards for patent disclosure, digital sequence information inclusion & WIPO website for monitoring claims. Searching consensus must not impede this vital treaty to incorporate effective measures against misappropriation.
Understanding the Interconnected Threats to Global Sustainability: A Focus on Deforestation, Traditional Knowledge, and Biopiracy
By Marissa Costa De Castro
This paper examines the interconnected threats of climate change, deforestation, misappropriation of traditional knowledge (TK), and the detrimental phenomenon of biopiracy. It discusses the profound impacts of deforestation on climate change, with an illustrative case study centered on Brazil’s Matopiba region. Additionally, it investigates the intricate relationship between TK, land grabbing, and biopiracy within indigenous and local communities.
How can international law promote innovation on genetic resources and benefit sharing while recognizing the rights of traditional knowledge holders?
Co-organised by the South Centre and Vrije Universiteit Brussel
15 May 2024, 13 – 14:45
Geneva, Switzerland
Venue: WIPO, Room B (or via Zoom)
The WIPO Diplomatic Conference for a Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge
By Viviana Muñoz Tellez
A new international legal instrument is set to be concluded under the auspices of the World Intellectual Property Organization (WIPO) in May 2024. Its legal nature should be that of an international treaty, given that a Diplomatic Conference, the last treaty making stage, will be held for its conclusion. The purpose of the instrument (hereinafter “the Treaty”) is to create an international minimum standard for patent applicants to provide information concerning the origin or source of the genetic resources or traditional knowledge associated with genetic resources as part of the patent application process. This Policy Brief provides an overview of the rationale for the Treaty and of the process and substantive issues to be negotiated, and advances recommendations towards ensuring a successful conclusion of the Diplomatic Conference.
The Protection of Traditional Knowledge, Traditional Cultural Expressions, Expressions of Folklore and Genetic Resources Within the African Continental Free Trade Area – Alignment with International and Regional Developments
By Caroline B. Ncube
The adoption of the Protocol on Intellectual Property Rights under the Agreement on the African Continental Free Trade Area presents an opportune moment to consider a continental framework for the protection of Traditional Knowledge, Traditional Cultural Expressions, Expressions of Folklore and Genetic Resources. This SouthViews considers lessons which can be drawn from national laws, using South Africa as an example, for the relevant Annex to be negotiated under the protocol.
Statements on Understanding on Intellectual Property Rights at time of Signature or Ratification of the BBNJ Treaty
South Centre
The Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ) negotiations did not fully address issues of intellectual property rights (IPRs), but countries can make statements on IPRs at the time of signature and/or on ratification of the BBNJ. Read our recommendations:
Patent rights and misappropriation of traditional knowledge: the case of the Amazonian Mirantã
By Marcos Vinício Chein Feres
This article aims to understand whether there are any signs of misappropriation enabled by the international patent system in the case of associated traditional knowledge to Mirantã, a plant (genetic resource – GR) found in the Amazon Basin. There is clear correspondence between the traditional uses of Mirantã and patent claims found, which are, or may at least hint at, evidence of the misappropriation of traditional knowledge. More generally, this confirms the perspective of the existence of a coloniality of knowledge as in many jurisdictions, due to the lack of measures to protect traditional knowledge against misappropriation (e.g., via a disclosure requirement in patent applications), these patents are for now deemed valid.
Self-withering: The Biodiversity Convention and its new Global Biodiversity Framework
By Dr S Faizi
The Convention on Biological Diversity’s (CBD) Global Biodiversity Framework (GBF), adopted at the end of 2022 marked another step in the process of weakening of the enforcement of the treaty that is finely balanced on the North-South axis. The CBD articles that protect the interests of the South continue to remain silenced, the West winning a virtual amendment of the treaty by default. The adoption of the GBF itself was procedurally flawed and while some of its 23 targets to be achieved by 2030 are meaningful, some are problematic. The target of increasing the global coverage of protected areas to 30 per cent each of the terrestrial and marine areas is likely to exclude the traditional caretakers of biodiversity and lead to further alienation of the historical custodians of biodiversity. The nature-based solutions (NbS) promoted by the GBF are likely to cause even more damage to the natural systems. The CBD provisions that are particularly favourable to the South are excluded from the GBF.
WTO MC13: TRIPS Issues and Technology Transfer
by Viviana Munoz Tellez, Nirmalya Syam
This Policy Brief discusses issues concerning trade, intellectual property, and technology transfer that are most relevant for consideration at the 13th World Trade Organization (WTO) Ministerial Conference (MC13) in February 2024 and inclusion in its outcomes.
The following recommendations are proposed:
Identifying Legal Challenges for Farmers’ Innovation
By Saurav Ghimire
On 9 October 2023, an expert workshop on “Identifying Legal Challenges for Farmers’ Innovation” was organised at the Centre for Private and Economic Law, Vrije Universiteit Brussel, in collaboration with the South Centre and Université Catholique de Louvain. The hybrid event gathered experts to discuss the challenges for farmers’ innovation, particularly those emerging from regulatory regimes. The workshop brainstormed policy and regulatory hindrances to farmers’ involvement in plant breeding, namely, in access to breeding materials, access to the market and reward/protection for the innovation.
The expert workshop was organised as a part of a joint research project, “Farmers as Plant Breeders: Legal Mechanisms to Foster Farmers’ Innovation”, led by Prof. Christine Frison (Université Catholique de Louvain), Prof. Kim Van der Borght (Vrije Universiteit Brussel), and Prof. Carlos Correa (South Centre). The research project is funded by the Research Foundation Flanders (FWO).
The WHO CA+ Discussions on Pathogen Access and Benefit Sharing: State of Play
By Nirmalya Syam
This brief explores the scope of a World Health Organization (WHO) pathogen access and benefit-sharing (PABS) mechanism as a possible outcome of the negotiations ongoing in the WHO Intergovernmental Negotiating Body (INB) for a WHO Convention, Agreement or other Instrument (WHO CA+) for pandemic prevention, preparedness, response and recovery (PPRR). After seven sessions of the INB, substantial differences remain between developed and developing countries on the PABS system. While the text contains specific obligations on rapid sharing of pathogen material and genetic sequence information reflective of the primary interest of developed countries to get such access outside the framework of the Nagoya Protocol to the Convention on Biological Diversity through a specialized WHO instrument such as the PABS system under the WHO CA+, the current text continues to be weak in terms of effectively operationalizing fair and equitable-benefit sharing. To that end, it is critical that detailed provisions on standard material transfer agreements, data access relating to their genomic sequence information and specific obligations on monetary and non-monetary benefit-sharing by recipients of pathogen material and sequence information are included in the provisions establishing the PABS system. Therefore, it is important that the proposals that have been made in this regard by developing countries are incorporated in the draft negotiating text.
