Harshitha S.S., B.A. LL.B. (Hons.), School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University
ABSTRACT
The Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge was the 27th treaty adopted at the Diplomatic Conference of World Intellectual Property Rights on Mary 24, 2024. The Treaty aims to enhance the efficacy, transparency and quality of the patent system with regard to genetic resources and traditional knowledge associated with genetic resources and prevent patents from being granted erroneously for inventions based on genetic resources and associated traditional knowledge that are not novel or inventive. This treaty also helps to give due credit to the indigenous communities whose traditional knowledge plays a huge role in IP. This article delves into the salient features of the Treaty, as well as its benefits and criticisms, to provide a balanced perspective. This article concludes that the Treaty has taken a historic step towards promoting transparency and protecting the Indigenous communities. However, certain steps are required to be taken to rectify the flaws of the Treaty which unfortunately have the potential to defeat the very purpose of the Treaty.
Keywords: genetic resources, traditional knowledge, mandatory disclosure
requirement, Indigenous communities.
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