Genetic resources are important aspects of our day-to-day lives. Genetic Resources refer to variations in trees and other organisms for the beneficial use of human beings. Genetic variation can be done at different levels as within that species or among different species. They are contained in medicinal plants, agricultural crops, animal breeds, microbial and many more. The main idea behind this genetic variation is this can add a potential value to humankind in many aspects. Where genetic resources can’t be protected under Intellectual property, but inventions developed using them can be.

Genetic resource and biodiversity

The concept of genetic resources has another dimension to it as well which shows its connection to biodiversity. This aspect has often been ignored whenever it is looked at from the perspective of economic implications. But, it becomes very important that the biodiversity aspect of the genetic resource is to be conserved and more weight should be given to this aspect.

The term ‘genetic resource’ was coined by Jack Harlan’s plea in 1975 to demonstrate that biodiversity is instrumentally valuable and thus has resourceful character. Thus, the nexus between genetic resources to biodiversity reveals another feature, namely their particular vulnerability. Traditionally natural resources can be divided into three categories: non-finite resources such as solar energy and two forms of finite resources, namely renewable sources, like timber and grass and non-renewable such as coal, and petrol. Like others, genetic resources cannot be classified into finite or non-infinite resources. As a form of informational resources, they are not finite in the sense that resource stocks are depleted by overuse. But, they can be depleted by means other than resource utilisation, which makes them even more prone to destruct than non-renewable resources.

The long-discussed treaty finally came to a conclusion with the adoption of this treaty. The treaty has made history for many. Especially, in global south countries like India which alone holds around 7-8 per cent of global biodiversity and is a hub for traditional knowledge based on these genetic resources. The tribal communities living in these countries still not exposed to the world hold great knowledge of biodiversity thriving in these areas.

These resources hold their roots in the traditional knowledge of many Indigenous tribes from different regions. They are conserved with the local communities and have travelled through many generations.  But many a time is wrongfully used or portrayed by the outsiders due to lack of knowledge. So, it was alarming at this point to have something to safeguard and protect the originality of this knowledge.

What will this treaty do?

The treaty will make it sure that whosoever claims an invention on genetic resources as their own will be required to disclose the country of origin or source of the genetic resources. If the invention is coming from any indigenous group or any local community that is responsible to provide that traditional knowledge then the patent will be given on the traditional knowledge. It becomes important to note that the current laws too will not provide any protection to genetic resources alone but to the inventions developed through the use of genetic resources and traditional knowledge. The treaty will help curb the “biopiracy” which has taken place in the past. The rightful claimant will be required to honestly disclose the place or source of origin of that invention along with the modification he/she has done to achieve that invention. Also, the claimant will have to show the basic aspects to prove it be a patent, i.e., novelty, inventive step and industrial usage. Additionally, the claimant is required to enable that knowledge to the public or national biodiversity authority of that country through which multiple parameters will be checked like whether the proper credits are given to the parent source community and all the ethical aspects to it. This will ensure that the knowledge acquired is as per the laws of access and benefit sharing at the national level.

India has faced much exploitation in past as well as many countries have claimed their traditional knowledge as part of their inventions. Some of the evident cases are discussed further:-

The turmeric case-

The dispute arose in 1995 when the U.S. awarded a patent for turmeric to a university in America for the wound healing properties of turmeric in its oral or topical form and granted them its exclusive right. To which the Indian Council of Scientific Research came in and presented many documented pieces of evidence that proved the use of turmeric in Indian households for centuries, which also proved its medicinal value. That is when the patent office of the U.S. revoked the patent when it was evident that the traditional knowledge did not lie with them.

The neem case-

The well-known tree in India commonly called as neem popular amongst all generations and a well-known medicine labelled by Ayurveda. Long back in 1994, when U.S. U.S.-based patent of agriculture WR Grace filed for a patent for a pesticide that was claimed to curb fungi and had neem as an important component of that pesticide. However, it was claimed by India that this knowledge is not novel as it was used in India anciently for more than 2000 years and has been called as Sarvrog Nirvanni. And it is a traditional knowledge in India. And finally in 2005, through the submission of all the ancient texts EPO agreed that there is no inventive step or novelty to this invention which led to the revocation of this patent. This lies a very popular example of how the traditional knowledge has been misused by others.

Roadmap of patents in India through the adopted laws

Traditional Knowledge is not protected under the existing Indian Patent Act, of 1970 because Traditional knowledge in itself is not considered an innovation as stated under Section 3 (p) of the Indian Patents Act, 1970. However, section 25 and section 64 of India’s Patent Act of 2002 make a mandatory requirement to disclose the source and geographical origin of the biological material as a description, when used in an invention. The non-disclosure of such information can lead to the revocation of patents. It can also lead to pre and post-opposition of the patent if no or wrong information is provided.

Additionally, an initiative has been taken to provide proof of its traditional knowledge called TKDL (Traditional Knowledge Digital Library) an electronic database which carries the translated versions of regional languages, so that it becomes easier for authorities across the world to access. The database provides the information in five international languages- English, Japanese, French, German and Spanish.

Conclusion

The treaty being the first in history to cover genetic resources and traditional knowledge becomes an important advancement in the field of Patent and Intellectual property altogether. But, the treaty does raise some concerns for the members like the patent officers will only look into the matter and investigate once a complaint is filed by someone. Some of the areas are still left untouched and seek attention from the authorities. Nonetheless, the treaty does remain a remarkable advancement in the field of genetic resources and traditional knowledge. Where the traditional knowledge from countries like India has been misused so many times. The treat does act as a protection to such countries who have a rich knowledge in different fields and will eventually provide protection to their traditional knowledge.

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