Indigenous IP Origins Treaty Under Review

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The U.S. Patent and Trademark Office invites public comments and testimony on whether the U.S. should sign and implement the Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge.

The treaty addresses IP issues concerning genetic resources (GRs), traditional knowledge (TK), and traditional cultural expressions (TCEs). Article 3 mandates patent applicants disclose the origin or source of GRs or TK when a claimed invention depends on their specific properties.

The World Intellectual Property Organization (WIPO), a UN agency in Geneva, focuses on intellectual property (IP). The WIPO Intergovernmental Committee (IGC), established in 2000, addresses IP issues concerning genetic resources (GRs), traditional knowledge (TK), and traditional cultural expressions (TCEs). In July 2022, WIPO’s General Assembly decided to convene a diplomatic conference, leading to the adoption of the Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge on May 24, 2024.

The U.S. Patent and Trademark Office (USPTO), as the U.S. lead agency for WIPO IGC matters, invites public comments and testimony on whether the U.S. should sign and implement the Treaty, its compatibility with U.S. patent law and international obligations, and potential impacts on innovation, the economy, and global leadership. The USPTO will also conduct Tribal Consultations to gather input on the Treaty. The Treaty remains open for signature until May 23, 2025.

The World Intellectual Property Organization (WIPO), a UN agency in Geneva, focuses on intellectual property (IP). The WIPO Intergovernmental Committee (IGC), established in 2000, addresses IP issues concerning genetic resources (GRs), traditional knowledge (TK), and traditional cultural expressions (TCEs). In July 2022, WIPO’s General Assembly decided to convene a diplomatic conference, leading to the adoption of the Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge on May 24, 2024.

 

The Treaty includes 22 articles covering objectives, definitions, exceptions, sanctions, non-retroactivity, and compliance. Article 3 mandates patent applicants disclose the origin or source of GRs or TK when a claimed invention depends on their specific properties. The Treaty also requires signatory states to ratify it for enforcement, which begins three months after 15 parties have ratified or acceded to it.

 

The U.S. Patent and Trademark Office (USPTO), as the U.S. lead agency for WIPO IGC matters, invites public comments and testimony on whether the U.S. should sign and implement the Treaty, its compatibility with U.S. patent law and international obligations, and potential impacts on innovation, the economy, and global leadership. The USPTO will also conduct Tribal Consultations to gather input on the Treaty. The Treaty remains open for signature until May 23, 2025.

Request for Comments and Testimony on the World Intellectual Property Organization Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge
(90 FR 5828)

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