Brazil signs historic IP treaty protecting traditional knowledge of genetic resources

On Friday, May 24, Brazil signed the Treaty on Intellectual Property, Genetic Resources, and Traditional Knowledge at the close of the World Intellectual Property Organization (WIPO) Diplomatic Conference in Geneva, Switzerland.

The agreement is the first in the history of the WIPO, an international body of the United Nations (UN) system, to link intellectual property with the preservation of genetic heritage and the traditional knowledge of indigenous peoples and traditional communities. 

Presided by Brazil’s Permanent Representative to international economic organizations, the conference is the result of two decades of negotiations at WIPO. Brazil strove to safeguard, within the intellectual protection system, the genetic heritage and the knowledge of indigenous peoples and traditional communities within the intellectual property system. Adopted by consensus by 176 WIPO member countries, the treaty mandates that patent applicants must disclose any access to genetic resources and traditional knowledge associated with their inventions.

Genetic resources include plants commonly associated with indigenous peoples and local communities because of their use, conservation and traditions passed along over generations. Although genetic resources in their natural state cannot be directly protected as intellectual property (IP), inventions developed by using these resources fulfill the requirements for protection, which is usually obtained via patent application. Such IP protection is a historical agenda in megadiverse and developing countries, and should impact on environmental multilateral regimes and agreements such as the Biodiversity Convention, the Nagoya Protocol, the Treaty on International Regulations for Fossil Access and Allocation (TIRFAA) and the Biodiversity Beyond National Jurisdiction (BBNJ).

“Today is a historical day for many reasons. Not just because this is the first new WIPO treaty after over a decade, but also because this is first one to protect genetic resources and traditional knowledge held by indigenous peoples and local communities. This shows that the intellectual property system can keep driving innovation while evolving inclusively, meeting the needs of all countries and their communities,” stated WIPO general director Daren Tang.

PATENTS – Under this treaty, patent applicants whose inventions are based on genetic resources or associated traditional knowledge must disclose the country of origin, the original source of the resources and which indigenous peoples or traditional communities provided the knowledge used in the research.

Because industries arising from this research, such as pharmaceuticals, cosmetics, and food products, have considerable market power, this agreement bolsters biodiversity conservation by facilitating the sharing of benefits derived from these products and inventions with the countries where the genetic resources originated and  with the indigenous peoples and communities from where the associated traditional knowledge came from.

According to Carolina Miranda, International Regulation general coordinator of the Copyright and Intellectual Rights Secretariat at the Brazilian Ministry of Culture (SDAI-MinC), the treaty represents a historical and innovative step. “It includes an entire set of norms adapted to the reality of these traditional communities. It brings a new way of looking at intellectual property, shaping its concepts to meet the needs of traditional communities and deal with issues such as the originary peoples,” Miranda explained.

CONTRIBUTION TO SCIENCE – This agreement is a landmark for the intellectual property international regime. It translates concrete economic steps into environmental and human rights protection goals. Brazil’s dedication during the negotiations underscored the country’s determination to search for opportunities to generate employment and sustainable income for traditional communities while supporting forest and biodiversity conservation.

This instrument may promote science and innovation in biodiverse countries and should make it easier to distribute to traditional communities the economic benefits derived from patents based on their knowledge and customs. Based on the Brazilian experience (where patent applicants are already required to disclose this information), this agreement could also benefit countries hosting industries that use genetic resources and associated traditional knowledge. According to INPI (the Brazilian National Institute of Intellectual Property), since 2015, when the Biodiversity Law came into effect, the number of patent applications based on genetic resources and associated traditional knowledge has significantly increased, indicating an incentive for innovation.

The Brazilian delegation included representatives from the Ministry of Foreign Affairs, the Ministry of the Environment and Climate Change, the Ministry of Indigenous Peoples, the Ministry of Justice, and INPI, as well as representatives from various native communities and biomes.

Brazil’s dedication to finalizing the treaty was widely acknowledged. As a result, the country was selected to preside over the Diplomatic Conference. This reflects international recognition of Brazil’s relevant role as a mediator in achieving consensus-driven solutions to advance the global agenda while preserving the framework for economic multilateralism.