Author
N.S. Gopalakrishnan, Srividhya Ragavan, and Narendran Thiruthy
Author Bios (long)
N.S. Gopalakrishnan is an Honorary Professor at Inter University Centre for Intellectual Property Rights Studies, Cochin University of Science and Technology, India. Srividhya Ragavan is a Professor of Law and Director of International Programs at Texas A&M University School of Law. Narendran Thiruthy is an Assistant Professor at Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology Kharagpur.
Summary
The relationship between the Convention on Biological Diversity and the Trade-Related Aspects of Intellectual Property Rights regime under the World Trade Organization is complex. The manner in which intellectual property rights (IPRs) pertaining to genetic resources (GRs) and associated traditional knowledge (ATK) are handled is the main source of this dissonance. The World Intellectual Property Organization Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge, adopted in May 2024, provides defensive protection to promote attribution when granting patent protection to GRs and TK associated with GRs. While the outcome has not fully addressed the demands of traditional communities, it is, in a limited way, a step forward to prevent misattribution of GR/ATK, particularly using
the patent system. This Comment traces the history of the negotiations and discusses its impact on developing nations, taking India as a particular example. In doing so, it asserts that the final treaty is a great first step, but many critical issues related to GR/ATK have been left unaddressed. Thus, we suggest measures that the developing world can possibly adopt to better protect its interests within the treaty’s framework.
