African Coalition Advocates for Sanctions in Biopiracy Treaty
A coalition of African nations has advocated for the implementation of a sanctions mechanism during the commencement of discussions on a groundbreaking treaty aimed at combatting “biopiracy”.
The United Nations initiated deliberations on Monday in Geneva to finalize the treaty, which seeks to prevent the exploitation of genetic resources and associated traditional knowledge.
After over two decades of negotiations, the World Intellectual Property Organization (WIPO) of the UN aims to reach an agreement ensuring transparency in the patenting process to safeguard such knowledge from exploitation.
According to the draft treaty, patent applicants would be obliged to disclose the origin of genetic resources in their inventions and the Indigenous communities providing associated traditional knowledge.
WIPO Director-General Daren Tang cautioned that negotiations would be challenging but hinted at the potential for a significant breakthrough, particularly for developing countries.
As discussions commenced, the coalition of African nations advocated for sanctions against entities or nations violating the treaty provisions.
The Kenyan representative, speaking on behalf of the group, asserted, “Our group supports the imposition of appropriate sanctions to ensure compliance with the treaty.”
Concerns from many developing countries stem from the lack of mandatory publication of innovation origins, raising apprehensions about circumvention of Indigenous rights or the granting of patents for existing inventions.
While opponents of the treaty express fears of stifling innovation, proponents argue that increased disclosure requirements would enhance legal certainty, transparency, and efficiency within the patent system.
Contentious issues persist, notably regarding the establishment of sanctions and criteria for patent revocation.
Tang emphasized the compatibility of incentivizing innovation with addressing community needs.
Over 30 countries have disclosure requirements in their national laws, including China, Brazil, India, South Africa, France, Germany, and Switzerland, albeit with varying degrees of enforcement.
Efforts to bridge the gap between the Global North and South have been underscored, acknowledging that countries in both regions possess genetic resources and engage in their utilization through research and commercial activities.
