The World Intellectual Property Organization Treaty on genetic resources and traditional knowledge: Implications for plant science

Abstract

Societal Impact Statement The recently adopted World Intellectual Property Organization Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (“WIPO Treaty”) is the latest in a series of international legal frameworks designed to strike an appropriate balance between access to genetic and knowledge resources, and their utilization. This opinion piece argues that although the WIPO Treaty is an important milestone in international lawmaking related to the protection of Indigenous peoples' knowledge and resources, it is unlikely to significantly alter extant scientific practices. Therefore, more work will still need to be done to ensure equity in the development of plant‐based innovations. Summary Concerns about the sourcing of materials and information used in plant breeding and related scientific fields have been widespread for decades. Generally, these preoccupations are rooted in historical and ongoing inequalities, particularly the fact that the benefits resulting from scientific and commercial exploitation of genetic resources and associated traditional knowledge are rarely shared with the people and communities from which they originate. Since the early 1990s, multiple international treaties and national laws have been designed to address concerns over the misappropriation of genetic resources and traditional knowledge, creating a complex web of legal obligations that scientists and research administrators need to navigate. Most recently, in May 2024 the members of the World Intellectual Property Organization adopted a Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (“WIPO Treaty”, 2024). This opinion piece focuses on the new WIPO Treaty and examines its likely impact on plant breeding and other scientific fields that rely on plant genetic resources. Ultimately, the article argues that the WIPO Treaty is unlikely to add significant impediments to the work of scientists beyond the requirements already imposed under the Convention on Biological Diversity (“CBD”) and its Nagoya Protocol. However, the WIPO Treaty likely will result in the introduction of new administrative requirements for patent filing in many jurisdictions, which may create additional burdens for research administrators, such as personnel in university technology transfer offices.

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