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“From patents relating to mānuka, fake Māori souvenirs being sold in Aotearoa New Zealand, or the use of Māori designs on bedspreads sold online, the misappropriation and commercialisation of indigenous knowledge and culture has long been a problem,” says Jessica Lai, a professor of Commercial Law at Te Herenga Waka. In an article for The Conversation, Jessica looks at two treaties adopted in 2024 by member states of the World Intellectual Property Organization and what they mean for the protection of the interests of Indigenous peoples.

🌿 Protecting Māori Traditional Knowledge: Is the New WIPO Treaty Enough? Recently I came across an insightful article by David Jefferson, Jesse Pirini and Jessica Lai, discussing the newly adopted World Intellectual Property Organization (WIPO) Treaty on Intellectual Property, Genetic Resources and Traditional Knowledge. While this treaty marks a significant step against "biopiracy", its impact on protecting Māori traditional knowledge remains questionable. Despite the treaty’s requirement for the "disclosure of origin" of genetic resources, New Zealand's existing measures, such as those by the Intellectual Property Office of New Zealand (IPONZ), already address this to some extent. Unfortunately, the WIPO treaty does not provide the robust protections needed for Māori traditional knowledge (mātauranga) and cultural expressions, nor does it ensure Māori sovereignty over their taonga (treasured possessions). While the treaty prevents misappropriation within the patent system, it fails to offer positive protection for traditional knowledge. This is central to preserving Māori culture and ensuring that traditional knowledge holders benefit from their heritage. Full article here: https://lnkd.in/g_qsrqna #IntellectualProperty #MāoriKnowledge #Biopiracy #WIPO #CulturalHeritage #Law #TeTiriti #MātaurangaMāori

I was happy when the GRUR Patent journal invited me recently to write a short editorial on the new WIPO Treaty on intellectual property, genetic resources and associated traditional knowledge. 🌿 The main effect of the Treaty is a new patent disclosure requirement related to genetic resources and associated TK. In the editorial, I touch on just two issues: ❓ Given the usual intended purposes of treaties and conventions, will the Treaty lead over time to greater convergence, legal certainty and predictability across national jurisdictions? ❓ For many decades, a requirement of ‘acknowledgement of source/attribution’ has featured prominently in the protection of traditional cultural expressions/folklore. There are some conceptual similarities between this idea and the new disclosure of origin/source obligation in the Treaty. What might the new Treaty reveal about the future direction and eventual outcomes of the negotiations at WIPO on TCEs and TK more broadly? These resume shortly, in early December. The article is 👇🏼 My warm thanks for the invitation Tim W. Dornis and your team. World Intellectual Property Organization – WIPO GRUR - Deutsche Vereinigung für Gewerblichen Rechtsschutz und Urheberrecht e.V. #patents #GENETICRESOURCES #traditionalknowledge #multilateralism #folklore #culturalheritage #GRaTK #IndigenousPeoples #patentlaw #patentpolicy

World Intellectual Property Organization – WIPO's new treaty introduces a new disclosure obligation for patents based on genetic resources and/or associated traditional knowledge. What are the key provisions and their implications for Kenya's legal landscape? Read more on this blog article by Chebet Koros and Joshua Kitili. https://lnkd.in/dXDvdZx5 #intellectualproperty #traditionalknowledge

I spoke last week on the contributions to social justice in the intellectual property area of the new WIPO Treaty on genetic resources and associated traditional knowledge. This was at the 10th annual Mosaic IP Law and Policy Roundtable Conference, organized by the Institute for Intellectual Property and Social Justice co-hosted by the Marquette University Law School. 🔵 The Treaty’s contents are a stride towards including and empowering groups that have historically not been seen by the IP system such as Indigenous Peoples. 🟢 Also, the process by which the Treaty was arrived at included Indigenous Peoples’ representatives in ways not seen before in intellectual property treaty-making. The result is the first intellectual property treaty in which Indigenous Peoples have had a direct say. 🟣 I discussed too the nature of the Treaty’s new patent disclosure obligation. The obligation is a measure aimed at enhancing the efficacy, transparency and quality of the patent system and at preventing erroneous patents. It doesn’t create any new rights. Negotiations at WIPO on the protection of TK and TCEs resume shortly. A few of my slides below 👇🏼 I was honored to participate in such an illustrious Conference with an array of excellent speakers and participants. Thank you for the invitation and moderating Dr Metka Potocnik Conference program here: https://lnkd.in/eZ2dy376 Dalindyebo Shabalala Kali Murray Kay Dunn Lateef Mtima Christine Farley World Intellectual Property Organization – WIPO #socialjustice #equity #access #intellectualproperty #multilateralism #IndigenousPeoples #patentlaw  

🔍 Exploring a milestone in intellectual property: our latest blog delves into the landmark WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge. Discover how this treaty aims to transform patent transparency and protect indigenous rights. https://lnkd.in/gKsWjETA #PuthranAndAssociates #IntellectualProperty #IndigenousRights #WIPO #Innovation

Developing countries and indigenous communities have long pushed for IP laws to protect their flora, fauna, traditional knowledge, and culture from exploitation. Recent demands focus on holding companies accountable for cultural appropriation and biopiracy. At the end of May, 2024, WIPO member states concluded negotiations on a new treaty to protect genetic resources based on traditional knowledge. One in force, it would require patent applicants to disclose any traditional indigenous knowledge source as part of the patent application. This is the first agreement WIPO member states have concluded on traditional knowledge since negotiation began in 2001. The agreement will come into force once it has 15 contracting parties. #WIPO #traditionalknowledge

Important research looking under the bonnet of the shiny new vehicle of legal personhood for rivers, to see how it really works to advance Indigenous law and co-governance

In Geneva, a true historical milestone has been achieved for indigenous peoples and local communities worldwide with the successful negotiation of a new treaty at the World Intellectual Property Organization – WIPO. This treaty addresses a patent disclosure requirement for genetic resources and their associated traditional knowledge - often generated over generations. Last week, we completed these historical negotiations, marking a crucial advancement for indigenous peoples and local communities globally as well as for the transparency and quality of the patent system. On behalf of the Netherlands Ambassador Paul Bekkers signed the Final Act. Ministerie van Economische Zaken en Klimaat Ministerie van Buitenlandse Zaken #intellectualproperty #patent #octrooi

Thrilled to see the successful conclusion of negotiations on the new WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. An important outcome for WIPO, for the international IP regime and for multilateralism itself. Working on this treaty as a baby diplomat in Geneva many years ago was a career highlight - and I'm delighted to see that Australia has continued to play a leading role in these negotiations ever since. When the Treaty comes into force, it will introduce a number of firsts, as articulated by the fabulous Wend Wendland, without whom member states would have been lost! 🌿 a new mandatory disclosure requirement in patent law when a claimed invention is “based on” genetic resources and/or associated traditional knowledge (TK); 🌿 databases of genetic resources and associated TK may be established and made available to patent offices for the purpose of search and examination; 🌿 Indigenous Peoples and local communities are explicitly mentioned in a WIPO Treaty – both as providers of associated TK , and in relation to the role they may play in implementation of the Treaty; 🌿 the patent system will provide additional transparency and information that may indirectly support implementation of access and benefit-sharing laws related to genetic resources and associated TK. Not only are First Nations people front and center in the text of this negotiation, but they were closely involved in its development from the very outset - both as members of national delegations, within the WIPO Secretariat and as experts participating through the regular meetings of the Indigenous caucus. Proving once again that including First Nations people in the design of measures that affect them is the most effective way to achieve outcomes that work. Couldn't be prouder of friends and colleagues from Australia (Edwina Lewis Patricia Adjei CF) and around the world who have been involved in delivering this profound outcome for intellectual property.