WIPO IGC Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge

What is WIPO?

WIPO is the World Intellectual Property Organization; it is a United Nations agency that promotes the protection and use of intellectual property (IP) rights worldwide.

WIPO provides a forum where governments debate and shape IP laws, to adapt them to the changing needs of the global society. WIPO operates international filing systems that make it easier to protect & promote inventions, designs and brands across borders. Their goal is to make IP work for everyone. They also provide cooperation and training programs to enable all countries to use IP for economic, social and cultural development.

IP Australia represents the Australian Government at WIPO forums.

What is the IGC?

It is the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC). This WIPO committee negotiates international legal instrument(s) for the protection of Traditional Knowledge (TK), Traditional Cultural Expressions (TCEs) and Genetic Resources (GRs) relating to the IP system.

What is a Diplomatic Conference?

A Diplomatic Conference is a meeting of government representatives from different countries to negotiate and adopt or revise treaties on international issues.

A Diplomatic Conference under WIPO is usually the final stage of negotiations on a specific IP topic after years of preparatory work by WIPO committees and experts. It follows a set of rules of procedure, an agenda and it adopts resolutions and decisions by consensus or vote.

Concluding a treaty negotiation doesn't mean Australia is bound by that treaty. The Government would then need to go through our normal treaty joining processes. 

How are Indigenous Peoples views represented in the WIPO IGC discussions?

Indigenous observers regularly attend WIPO IGC meetings and have contributed to the negotiations. Representatives of intergovernmental and non-governmental organizations and others can be invited to the Conference as observers. WIPO has an application process for ad hoc observers to attend the Diplomatic Conference, applications closed on 12 February 2024.

What is being discussed at the Diplomatic Conference and how does it relate to patents?

The Diplomatic Conference is discussing potential new international rules in the patent system for applications relating to inventions that have used Genetic Resources and Associated Traditional Knowledge. The new rules could mean applicants have to disclose the source of the Genetic Resource or the Associated Traditional Knowledge used, where a country is a member of that treaty.

The aim is to enhance the efficacy, transparency, and quality of the patent system, and prevent patents from being granted erroneously for inventions that are not novel or inventive with regard to Genetic Resources and Traditional Knowledge associated with Genetic Resources.

What is a patent?

A patent is a registered right to protect a new invention. Patents can protect different types of inventions such as devices, substances, methods, and processes. For an invention to be patentable it must be new, useful, inventive, and a suitable subject matter. Human beings and artistic creations cannot be patented.

A granted patent provides exclusive commercial rights to the applicant, giving them the freedom to licence someone else to manufacture their invention on agreed terms, and the right to stop others from manufacturing, using or selling their invention in Australia without their permission. A standard patent lasts for up to 20 years (or up to 25 years for pharmaceutical substances).

Australian patents only provide protection in Australia. Patents like other IP rights are jurisdictional in nature, and if you want protection in other countries, you’ll need to apply for it there.

Why might disclosure be helpful?

Greater transparency in the patent system internationally can make it easier to identify when Australian Genetic Resources and Associated Traditional Knowledge are used in inventions. This mechanism is intended to complement the existing international framework and is an important step in the WIPO IGCs work on protecting Indigenous Knowledge.