India capitulates on key accord at WIPO

The WIPO treaty on genetic resources is historic, but it will override vital safeguards in India's law to prevent bad patents

AS AN international accord that has been in the works for a quarter century, A the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge agreed upon on May 24 is being hailed as groundbreaking. WIPO or the World Intellectual Property Organization, a UN agency with 193 members, described the treaty as historic. Perhaps it is.

For one, the agreement was finally reached in the face of opposition over decades from the usual suspects-the US, Europe and Japan and the powerful lobbies of industry groups affected by the demand, which was first put forth by Colombia in 1999. In that proposal, the Colombian delegation had asked WIPO to include in the Patent Law Treaty (PLT), which was then under discussion, far-reaching provisions linking patent applications with guarantees protecting a country's biological and genetic resources.

The nub of the Colombian proposal was to ensure that the grant of patents or registrations related to such resources were legally acquired. To this end, Colombia suggested that every document should specify the registration number of the contract allowing access to genetic resources that have been used in the manufacture or development of products for which patents are being sought. Although the proposal was supported by several developing countries, it found no mention in PLT, signed in 2000, because it was opposed by the US and its allies.