South Korea

• So-called “biopiracy”, in which companies lift ideas from traditional knowledge and patent them, is a significant problem.
• The main purpose of the new Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge is to ensure patent applications disclose any involvement of traditional knowledge.

What international law says

• International law already has protections for genetic resources and traditional knowledge.
• Under the Nagoya Protocol, “users” of genetic resources and associated traditional knowledge must obtain permission from “providers”.

Disclosure: where did the resources and knowledge come from?

• The treaty requires applicants for patent claims “based on” genetic resources to disclose where the genetic resources came from.
• For patents “based on” traditional knowledge, applicants must disclose the Indigenous peoples and local communities who provided it.
• Sometimes the applicant doesn’t know where the genetic resources or traditional knowledge came from.

Sanctions and remedies: what happens if people don’t follow the rules?

• The treaty doesn’t allow patents to be revoked or made unenforceable if an applicant has failed to disclose.
• However, it does allow other sanctions and remedies if a patent holder has failed to disclose with “fraudulent intent”, which may include fines.

Information systems: what is already known?

• The treaty allows states to establish systems (such as databases) of information about genetic resources and associated traditional knowledge.
• While this provision mentions “appropriate safeguards” for these information systems, it doesn’t indicate who should own and control the systems.

Treaty negotiations and compromises

• At the conference, members of the Indigenous Caucus made suggestions on the draft treaty text.
• The final treaty reflects compromises between the member states of the World Intellectual Property Organisation (influenced by the Indigenous Caucus), industry bodies and representatives of civil society.

What is Australia’s role in combatting biopiracy?