Genetic Resources

The WIPO Intergovernmental Committee (IGC) has dealt with a range of issues concerning the interplay between intellectual property and genetic resources. A key feature of this work has been careful coordination with and responsiveness to the work of the Convention on Biological Diversity (CBD), the Food and Agricultural Organization of the United Nations (FAO) and the United Nations Environment Programme (UNEP). In particular, the Conference of Parties (COP) of the CBD and the FAO's Commission on Genetic Resources for Food and Agriculture have provided important guidance to the IGC in this work, since these bodies have fundamental roles in the international legal and policy framework for genetic resources.

The work has covered three main areas:

• Defensive protection of genetic resources through measures which prevent the grant of patents over genetic resources that do not fulfill the requirements of novelty and non-obviousness. The measures taken by WIPO include the creation of improved search tools and classification systems for patent examiners when they examine patent applications which claim genetic resources.
• IP aspects of access to genetic resources and equitable benefit-sharing arrangements that govern use of genetic resources. The IGC commissioned a database to serve as a capacity-building tool and to help inform policy debate. This database provides illustrative examples of the approaches actually taken when reaching mutually agreed terms concerning access and benefit-sharing. The IGC has also worked on broad principles and draft materials on guidelines for IP aspects of equitable benefit-sharing arrangements, in line with the encouragement of the CBD COP.
• Disclosure requirements in patent applications that relate to genetic resources and associated TK used in a claimed invention. At the invitation of the CBD COP, the IGC prepared a technical study on this issue, with input from many WIPO Member States (WIPO publication 786(E) [PDF]). Additional work on this issue is being undertaken in WIPO, partly in response to a further invitation from the CBD COP, including the development of a supplementary document which examines some specific issues raised by the COP in more detail.