10 Utilizing genetic resources for economic growth

Biotechnology is distinctive in that it manipulates natural or synthetic genetic resources. Such resources were historically governed by the doctrine of the common heritage of mankind until 1992, when the Convention on Biological Diversity (CBD) recognized the authority of sovereign states to determine access to the genetic resources within their territory. Nevertheless, certain categories of genetic resources with special importance are still governed as global public goods by specialized legal instruments and access and benefit-sharing systems.https://www.fao.org/plant-treaty/en/ ⁽¹⁾e.g., the Nagoya Protocol. For instance, the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge, adopted on May 24, 2024, establishes a mandatory patent disclosure requirement that 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 based on genetic resources and/or associated traditional knowledge. ⁽²⁾https://www.wipo.int/treaties/en/ip/gratk/ Plant genetic resources for food and agriculture are also governed under the International Treaty on Plant Genetic Resources for Food and Agriculture ⁽³⁾https://www.fao.org/plant-treaty/en/ because of their importance for food security. Such frameworks governing access to genetic resources and the sharing of benefits arising from their utilization connect the benefits arising from their use with incentives for conservation policies.

Thus, conservation policies are not necessarily pitted against deriving maximum social value from these products by developing and commercializing them, but rather are intended to be mutually supportive and reinforcing. Laws and regulations that encourage commercialization in this space can coexist with regulations that aim to conserve public goods. Responsible patenting and licensing of inventions that arise from these materials can and likely will contribute to the economic growth, as well as the conservation, of countries rich in biodiversity. Countries can ensure that their laws protect inventions that give rise to novel products and technologies that can address health, food security and environmental challenges faced by their populations. Countries can also fund relevant research in academic institutions and public research institutions in the life sciences. They can ensure that these institutions are equipped with TTOs capable of assessing the commercial value of this research. Finally, countries can create a legal framework that enables the transfer of inventions, related know-how and new varieties of plants that arise from the use of these genetic resources to entities that are equipped to further develop them into products that can benefit the public. Sensible policies in these areas lay the groundwork needed for private investment without which these technologies would not be developed.

Many countries have recognized the economic benefits of their genetic resources and the role that academia-to-industry technology transfer plays in securing these benefits. Considering this, they have implemented systems conducive to effective technology transfer between academic institutions and the biotechnology industry. However, inconsistencies in policies regarding genetic resources and incomplete legal infrastructure for technology transfer have sometimes stymied their ability to derive the benefits associated with technology transfer. Understanding biotechnology technology transfer agreements is a first step in addressing these inconsistencies. Therefore, WIPO makes available a specialized online database of genetic resource-related contracts with IP clauses and specialized licensing tools for innovations related to genetic resources and data through its Traditional Knowledge Division.