WIPO adopts treaty on intellectual property

31 May, 2024
wipo adopts treaty on ip

On May 24, the Member States of the World Intellectual Property Organization (WIPO) adopted a new Treaty on Intellectual Property, Genetic Resources, and Traditional Knowledge.

It seeks to improve the efficiency, transparency, and quality of the patent system relating to genetic resources and the related traditional knowledge by requiring patent applicants to disclose the country of origin of any genetic material, and the indigenous people or local communities that provided any associated traditional knowledge.

It further states that each country must create effective and proportionate measures for situations in which a party fails to comply with the disclosure requirement and shall provide applicants with the opportunity to rectify any omitted information, except in the case of fraudulent conduct, or intent.

Andean Decision 486 would be in breach of this provision by not offering a post-grant procedure that provides the opportunity to rectify this omission before going to court to have a patent annulled or invalidated for lack of this requirement.

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