Consider the following statements with reference to World Intellectual Property Organization Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge:
1. It aligns with the legally binding United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and its commitments.
2. The treaty prevents the granting of patents without proper disclosure of the origin of genetic resources and associated traditional knowledge.

Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Question

Consider the following statements with reference to World Intellectual Property Organization Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge:
1. It aligns with the legally binding United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and its commitments.
2. The treaty prevents the granting of patents without proper disclosure of the origin of genetic resources and associated traditional knowledge.

Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

TutorArc · Accepted Answer

Statement 1 is not correct: The WIPO (World Intellectual Property Organization) Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (GRATK Treaty) is designed to align with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The treaty acknowledges UNDRIP in its preamble and aims to ensure that the intellectual property system, particularly concerning genetic resources and traditional knowledge, respects and promotes the rights of Indigenous Peoples. However UNDRIP is not legally binding.

Statement 2 is correct: The Treaty establishes a mandatory patent disclosure requirement and requires patent applicants to disclose the country of origin of the genetic resources and/or the Indigenous Peoples or local community providing the associated traditional knowledge, if the claimed inventions are &lsquo;based on&rsquo; genetic resources and/or associated traditional knowledge.

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