Biopiracy remains one of the most controversial challenges in international intellectual property law. It refers to the misappropriation of indigenous knowledge or genetic resources, often patented without proper consent or compensation to the communities of origin. In a move to curb this unethical practice, the World Intellectual Property Organization (WIPO) introduced a landmark treaty in May 2024: the Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge more commonly known as GRATK.
What is the GRATK Treaty?
Signed by 30 countries, including Brazil, South Africa, Morocco, Colombia, and Nigeria, during a diplomatic conference in Geneva, GRATK is the first international treaty that directly addresses the ethical use of traditional knowledge in patent filings.
A key requirement under the GRATK Treaty is mandatory disclosure. Patent applicants in participating countries must clearly state whether their invention is based on genetic resources or traditional knowledge, and identify the origin of those resources. Even when the exact origin is unknown, applicants are still obligated to disclose that information formally.
Countries that ratify the treaty are required to embed this disclosure system into their national patent regimes. While patent offices must provide procedural guidance, they are not required to verify the accuracy of the disclosure. In cases of non-disclosure or fraudulent intent, sanctions may apply. However, honest errors or omissions cannot be used as a basis for revoking or invalidating a patent.
GRATK’s Legal Impact in Indonesia
Indonesia, a country rich in biodiversity and traditional knowledge, already enforces similar requirements through Patent Law No. 13 of 2016. Under Article 26, any invention derived from genetic resources or traditional knowledge must clearly state its origin in the patent application. This aligns with the core disclosure obligation under GRATK, placing Indonesia among the nations already upholding these ethical standards in patent law.
As of now, only one country (Malawi) has officially ratified the GRATK Treaty. Under Article 17, the treaty will only enter into force once 15 countries have ratified or acceded. While many of the signees and major economies are yet to ratify, the treaty is seen by the Indigenous Caucus as “a first step towards guaranteeing just and transparent access to these resources.”
A Step Forward for Ethical IP Law
Though the full realization of GRATK may take time, it represents a significant milestone for ethical patenting practices, especially for countries rich in genetic resources like Indonesia. For IP professionals, businesses, and innovators, understanding and complying with disclosure requirements is crucial in navigating both domestic and international patent systems.
As a leading IP law firm in Indonesia, Am Badar & Am Badar supports efforts toward transparency and fairness in intellectual property protection. Our team is experienced in handling Indonesia patent search, trademark registration, copyright infringement, and litigation services.
For more information about the GRATK Treaty or any IP-related legal matters, feel free to contact us at: ambadar@ambadar.co.id
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