Genetic resources, traditional knowledge and folklore

Genetic resources (GR) and the associated traditional knowledge (ATK) of indigenous peoples and local communities are important components of biodiversity. They can serve as a starting point for innovations in different areas. For example, traditional knowledge about the healing properties of a particular plant can facilitate the research and development of new medicinal substances. GR/ATK also play an important role in the fields of cosmetics, agriculture and food, as well as in biotechnology in general.

 

There are various international agreements that regulate access to GR/ATK and the sharing of the benefits arising from their use (known as ‘access and benefit sharing’ or ‘ABS’). These include:

 

 

There are overlaps between intellectual property and the international work on ABS. Developing countries in particular are calling for measures to be introduced in the area of intellectual property in order to better protect GR/ATK.

  

What are genetic resources?

The United Nations Convention on Biological Diversity defines the term ‘genetic resources’ as genetic material of actual or potential value. This includes any material of plant, animal, microbial or other origin that contains functional units of heredity.

 

What is traditional knowledge?

There is currently no internationally recognised definition of the term ‘traditional knowledge’. In general, it can be described as the knowledge, innovations and practices of indigenous and local communities in developing and industrial countries which these communities have created, improved and adapted over generations in line with their changing needs and environmental influences and passed on to subsequent generations, frequently in oral form.

 

Disclosure of the source

Anyone applying for a patent is obliged to provide information about the source of a genetic resource or traditional knowledge of indigenous peoples and local communities. Disclosing the source creates transparency, especially for access and benefit sharing.

 

Should the patent application not contain a declaration concerning the source of the genetic resource or traditional knowledge, the IPI will set a deadline for the patent applicant to rectify the omission and it will reject the patent application if the deadline is not met. Deliberate misrepresentation of the source is punishable with a fine. In addition, the court may order the publication of the ruling.

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