Disclosure of country of origin in patent applications might not help to protect genetic resources and traditional knowledge

Abstract

On 24 May 2024, the World Intellectual Property Organization adopted the Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (hereafter, the Treaty). Although it has been hailed as a victory for Indigenous peoples and local communities^1,2, its effectiveness will depend on how the Treaty is implemented in national law.

The cornerstone of the Treaty is the requirement that when inventions are based on genetic resources, patent applicants must disclose the country of origin of those resources or, if that is unknown, the source. When an invention is based on traditional knowledge associated with genetic resources, applicants are required to disclose the Indigenous peoples or local community who provided the traditional knowledge or, if unknown, the source.