PH Permanent Representative Expresses Support for WIPO Treaty on Intellectual Property Related to Genetic Resources

Newly-arrived Philippine Permanent Representative Carlos D. Sorreta (left photo) welcomes the coming treaty in the World Intellectual Property Organization (WIPO) to enhance the rights enjoyed by Indigenous Peoples. (Right photo)  Member parties of the Asia Pacific share a photo opportunity with Preparatory Committee Chair Jukka Leides of Finland (10th from left) and Vice Chair Felipe Cariño of the Philippines (8th from left). (photo from Geneva PM)   

GENEVA 21 September 2023 – Member-parties of the World Intellectual Property Organization (WIPO) finalized the administrative articles found in the draft legal instrument on Genetic Resources and Traditional Knowledge Associated with Genetic Resources which will pave the way for a Diplomatic Conference where the treaty will be adopted by contracting parties in the first quarter of 2024. The Philippine delegation, represented by the Permanent Mission and Intellectual Property of the Philippines (IPOPHL), participated in the 3-day session to amplify national positions in support of the rights of indigenous people and local communities. 

Philippine Permanent Representative Carlos Sorreta welcomed an open and transparent process in the Preparatory Committee meetings that succeeded in dealing with articles related to membership qualification, voting, ratification/ accession, and amendments of the treaty. He underscored the importance of a fair, rules-based, and member-led multilateral initiative that will pass the first patent-based draft treaty for the protection of the rights of Indigenous Peoples and Local Communities over their design, invention, and creations.

He stressed that it is important for the Philippines, which has a significant number of indigenous/ local communities, to participate in drafting the treaty which has taken decades to negotiate due to the sensitive nature of obligations that primarily provide a mandatory disclosure requirement for patent applicants to reveal the country or source of the genetic resource and/ or traditional knowledge associated with genetic resource. He also cited the critical role of the Mission and IPOPHL, specifically on the leadership role assumed by the Philippine Permanent Mission where Mr. Felipe Cariño III was elected by the plenary as Vice Chair of the Preparatory Committee this September.   

The Preparatory Committee meeting was held back-to-back with the Special Session of the Inter-governmental Committee on Traditional Knowledge and Genetic Resources (IGC) from 4-8 September 2023 which tackled the substantive elements of the draft treaty that dealt with sanctions, objectives and scope of protection of the treaty, and protection against misappropriation of patent. Considering that negotiations have taken place since the 2000s, the recent Special Session aimed to narrow the gaps and build a common understanding of the text among parties to complement the Asia Pacific regional meeting in Bali, Indonesia last May and the inter Regional meeting in Beijing, China last July, 

As a long-standing member of WIPO, the Philippines has been ingrained in the IGC process which is seen as an opportunity by demandeur states to support Indigenous Peoples and local communities who have been struggling for recognition of their ownership over their designs and creations. They hope that the draft treaty will open a pathway for similar treaties in WIPO, particularly on Traditional Cultural Expressions and Traditional Knowledge. The Philippines hopes that the coming treaty on Genetic Resources will have a positive effect on stakeholders to the extent that the global system can grant greater and direct access to economic benefits by Indigenous Peoples to international markets and developed economies that continue to exploit and utilize Traditional Knowledge. END

For more information, visit https://www.genevapm.dfa.gov.ph,  https://www.facebook.com/PHinGeneva/  or https://www.instagram.com/phingeneva/ .