A landmark Treaty recently passed by the World Intellectual Property Organization (WIPO) aims to safeguard Africa’s genetic resources and associated traditional knowledge, marking a significant step in combating biopiracy.  

Biopiracy is used to describe the exploitation of genetic resources and traditional knowledge without proper authorization or compensation. Genetic resources may be contained in medicinal plants and agricultural crops, and traditional knowledge, often passed down through generations, plays a vital role in the use and management of genetic resources. 

Africa has often been a target for biopiracy and has been susceptible to the exploitation of its genetic resources and traditional knowledge without fair compensation. The African Star Grass (Cynodon dactylon), the African Khat (Catha edulis) plant, the African Horned Cucumber (Cucumis metuliferus) and the African Baobab Tree (Adansonia digitata) are only a few examples of genetic resources used for traditional medicine across Africa but which were patented and commercialised for their medical properties without acknowledging their traditional use or compensating African communities. We are all aware of the well-known Hoodia (Hoodia gordonii) plant used by the San people of Southern Africa as an appetite suppression which was patented in the early 2000’s. Whilst the San people were not initially consulted or compensated, the company responsible for patenting an appetite suppressant derived from the Hoodia plant later reached agreements to share benefits with the San communities. 

This new WIPO Treaty on Intellectual Property, Genetic Resources and Associated Tradtional Knowledge (the Treaty) is a result of over two decades of negotiations and promises to change this dynamic by: 

• Empowering African nations to protect their genetic resources legally; 
• Ensuring that local communities are recognized and compensated from the commercialization of their traditional knowledge; and 
• Promoting sustainable development by aligning economic benefits with the conservation of biodiversity. 

Key Highlights of the Treaty 

Protection of Genetic Resources and Recognition of Traditional Knowledge: 

The Treaty, once it enters into force, will establish in International Law, a new disclosure requirement for patent Applicants whose inventions are based on genetic resources and/or associated traditional knowledge. Here, it will become a requirement that where a patent application encompasses an invention based on genetic resources, the Applicant will need to disclose the country of origin or the source of the genetic resources. Similarly, where a patent application pertains to an invention based on traditional knowledge associated with genetic resources, the Applicant will need to disclose the Indigenous Peoples or the local community who provided the traditional knowledge. 

In this way, the Treaty focuses on protecting genetic resources, which are crucial for the development of new medicines, agricultural products, and other innovations by establishing legal frameworks to ensure that the use of these resources is fair and equitable, thereby preventing unauthorized exploitation. 

Combatting Biopiracy: 

By setting international standards, the Treaty aims to curb such practices, ensuring that benefits derived from genetic resources and traditional knowledge are shared with the rightful custodians. 

This Treaty represents a crucial step towards recognizing and protecting the contributions of African nations to global genetic innovations. When the Treaty comes into force in the near future, it is expected to foster greater respect for the rights of indigenous and local communities, ensuring that their knowledge and resources are preserved and valued in the global market.