In more detail
This historic milestone concludes 25 years of negotiations and is the first WIPO treaty to address the interface between intellectual property, genetic resources, and associated traditional knowledge. Moreover, it is also the first non-environmental international Treaty to include specific provisions for indigenous peoples and local communities.
Once ratified by the 15 contracting parties, the Treaty will establish an international disclosure requirement related to the origin of genetic resources and/or associated traditional knowledge in patent applications. This means that owners will have to provide this information in their patent applications. It should be noted that, in Brazil, this requirement has already existed since 2015 when the Biodiversity Law was published. However, the internationalization of the Treaty will depend on the ratification and approval of the text by the National Congress.
The active role of the Brazilian delegation consolidated Brazil's position on key issues in the Treaty, especially in the definition of the triggers for the obligation to disclose and the inclusion of sanctions for non-compliance with the obligations.
For megadiverse countries like Brazil, the Treaty represents a significant step forward, consolidating the legal framework for the proper inclusion of genetic resources and associated traditional knowledge in the intellectual property system. This provides incentives for the Brazilian bioeconomy, opening up markets, research and development opportunities.
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Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.
