World Intellectual Property Organization Adopts Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge; WilmerHale, August 26, 2024

 

• • • Daniel S. Volchok, Thomas G. Saunders, Laura E. Powell, WilmerHale; World Intellectual Property Organization Adopts Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

"Following nearly twenty-five years of negotiations, members of the World Intellectual Property Organization (WIPO) recently adopted a treaty implementing the new requirement for international patent applicants to disclose in their applications any Indigenous Peoples and/or communities that provided traditional knowledge on which the applicant drew in creating the invention sought to be patented.1 The treaty was adopted at WIPO’s “Diplomatic Conference to Conclude an International Legal Instrument Relating to Intellectual Property, Genetic Resources, and Traditional Knowledge Associated with Genetic Resources,” which was held May 13–24.2 The goal of the treaty, known as the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge, is to “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.”3 This treaty—the first treaty of its kind, linking intellectual property and Indigenous Peoples—also aims to “enhance the efficacy, transparency and quality of the patent system with regard to genetic resources and traditional knowledge associated with genetic resources.”4 

Once the treaty is ratified, patent applicants will have new (but nonretroactive) disclosure requirements for international patent applications."

Holy See welcomes ‘significant’ new treaty on intellectual property; Vatican News, July 10, 2024

Joseph Tulloch, Vatican News ; Holy See welcomes ‘significant’ new treaty on intellectual property

"Archbishop Ettore Balestrero, the Permanent Observer of the Holy See to the United Nations and Other International Organizations in Geneva, has welcomed a historic new treaty on intellectual property.

In an address to members states of the UN's World Intellectual Property Organisation (WIPO), the Archbishop called the treaty a “significant step forward”.

The treaty

WIPO member states adopted the agreement – which regards “Intellectual Property, Genetic Resources and Associated Traditional Knowledge – in May of this year.

The treaty establishes a new disclosure requirement in international law for patent applicants whose inventions are based on genetic resources and/or associated traditional knowledge.

It was the first WIPO treaty in over a decade, as well as the first to evr deal with the genetic resources and traditional knowledge of indigenous peoples."

Intellectual property: Protecting traditional knowledge from Western plunder; Frontine, May 15, 2024

  DEUTSCHE WELLE, Frontline; Intellectual property: Protecting traditional knowledge from Western plunder

"Stopping the loss of heritage and knowledge

“The problem? When a patent for traditional knowledge is granted to a third party, that party formally becomes the owner of such knowledge,” said Sattigeri. “The nation loses its heritage and its own traditional knowledge.” But now, that could be changing. In May 2024, WIPO’s 193 member states will meet and potentially ratify the first step of a legal instrument aimed at creating greater protections for these assets.

WIPO has broken them down into three areas seen as vulnerable under the current system: genetic resources, traditional knowledge, and traditional cultural expression. Genetic resources are biological materials like plants and animals that contain genetic information, while traditional knowledge encompasses generational wisdom within communities, which is usually passed down orally. This could include knowledge about biodiversity, food, agriculture, healthcare, and more. Traditional cultural expression includes artistic creations reflecting a group’s heritage and identity, like music, art, and design.

“It changes the classic understanding of intellectual property,” said Dornis. “It might break the system that [says that] many things are unprotected.”"

Feds Seek Tribal Input on Tribal Intellectual Property Issues; Native News Online, October 28, 2023

 NATIVE NEWS ONLINE STAFF , Native News Online; Feds Seek Tribal Input on Tribal Intellectual Property Issues

"The U.S. Department of Commerce, through the United States Patent and Trademark Office, on Tuesday announced it seeks tribal input on tribal intellectual property issues...

In the upcoming consultation, the USPTO wants tribal input on how to best protect genetic resources, traditional knowledge, and traditional cultural expressions as they are being discussed at the World Intellectual Property Organization.

The National Congress of American Indians (NCAI) and the Native American Rights Fund (NARF) were quick to applaud the decision to hold this long overdue consultation...

“The United Nations Declaration on the Rights of Indigenous Peoples recognizes Indigenous Peoples’ rights to their cultural and intellectual property, as well as the obligation for the United States to take measures to protect those rights. It is good that the United States is living up to its obligation to consult with Tribal Nations, and the concern now is to ensure that the consultation is meaningful and actually impacts the United States’ negotiation positions,” explained NARF Staff Attorney Sue Noe.

The Federal Register notice provides details for online webinars to be held in January 2024. Two of the four webinars will be for federally recognized Tribal Nations and two will be for state-recognized Tribal Nations, tribal members, Native Hawaiians, and inter-tribal organizations. The USPTO also invites related written comments, to be submitted by February 23, 2024...

More information is available on the Federal Register."

WIPO’s Conversation on IP and AI to Continue as a Virtual Meeting; World Intellectual Property Organization (WIPO), May 29, 2020

Press Release, World Intellectual Property Organization (WIPO); WIPO’s Conversation on IP and AI to Continue as a Virtual Meeting

"The World Intellectual Property Organization (WIPO) today published a revised issues paper on intellectual property policy and artificial intelligence (AI) as part of its ongoing consultation with stakeholders on the intersection of AI and IP policy and announced the dates of the rescheduled WIPO Conversation on Intellectual Property (IP) and Artificial Intelligence, which will take place online.

The Second Session of the WIPO Conversation on IP and AI will be held over three days from July 7 to 9, 2020 as a virtual meeting, in three daily sessions from 13:00 to 15:00 CET, to allow the broadest possible global audience to attend.

The First WIPO Conversation on AI and IP was convened by WIPO Director General Francis Gurryin September 2019 and brought together member states and other stakeholders to discuss the impact of Al on IP policy, with a view to collectively formulating relevant questions. 

Following that meeting, Mr. Gurry announced that WIPO would launch an open process to develop a list of issues concerning the impact of Al on IP policy and invited feedback on an issues paper designed to help define the most-pressing questions likely to face IP policy makers as AI increases in importance. The result of that public consultation is contained in the revised issues paper, which takes into account the more than 250 submissions received from a wide global audience on the call for comments.

The many respondents to the draft Issues Paper, including member states, academic, scientific and private organizations as well as individuals, are proof of the relevance and timeliness of and the significant engagement in the discussion on IP and AI. We look forward to continuing the Conversation in a more structured discussion in July on the basis of the revised Issues Paper.

WIPO Director General Francis Gurry""

WIPO Marrakesh Treaty On Copyright Exceptions For Blind Readers Clears US Senate; Intellectual Property Watch, June 29, 2018

Intellectual Property Watch; WIPO Marrakesh Treaty On Copyright Exceptions For Blind Readers Clears US Senate

"The World Intellectual Property Organization Marrakesh Treaty on copyright exceptions enabling international access to published works by blind and print-disabled readers was ratified this week by the United States Senate, putting it one step closer to final ratification in the country.  

The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print-Disabled was agreed in 2013.

On 28 June, the full US Senate ratified treaty and passed implementing legislation to amend Title 17 accordingly, the Marrakesh Treaty Implementation Act (S. 2559).

The implementing legislation now goes to the US House of Representatives, and then on to the President, according to the bill summary. The US will then have to prepare and deposit its instrument of ratification to WIPO."

Indigenous Knowledge Databases: Is It Something To Be Concerned About?; Intellectual Property Watch, June 28, 2018

Adithi Koushik, Intellectual Property Watch; Indigenous Knowledge Databases: Is It Something To Be Concerned About?

"Almost all information today ends up in a database. It is organised and made readily accessible. While it sounds positive, for indigenous communities, it can be crucial. Databases of their knowledge, culture and genetic resources, if misused, can undermine generations of community effort and maybe even their sustainability. A panel of indigenous peoples’ representatives presented their concerns about databases this week to governments attending a World Intellectual Property Organization meeting on genetic resources.  

The discussion in the Indigenous Panel at the 36^th round of the Intergovernmental Committee at WIPO, held between 25^th and 29^th of June, centered on the collection of material for, administration and use of databases and contracts."