Bolivia Advances Bill to Integrate WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

By PPO Indacochea

The Government of Bolivia has approved a draft bill to incorporate into national law the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge and has submitted the proposal to the Plurinational Legislative Assembly for further consideration. The initiative is intended to align Bolivia’s patent framework with the obligations outlined in the international instrument.

The WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (GATK) was adopted by member states of the World Intellectual Property Organization (WIPO) on May 24, 2024, at a diplomatic conference held in Geneva. It is the first WIPO treaty to address the interface between intellectual property, genetic resources, and traditional knowledge, and to include provisions specifically for Indigenous Peoples and local communities. The treaty will enter into force three months after being ratified or acceded to by at least 15 eligible parties. 

The primary objectives of the treaty are to enhance the efficacy, transparency, and quality of the patent system with respect to genetic resources and traditional knowledge associated with genetic resources (“associated TK”), and to prevent patents from being granted erroneously for inventions that lack novelty or inventive step in light of those resources and knowledge. 

A central feature of the treaty is its mandatory patent disclosure requirement. When a claimed invention is based on genetic resources and/or associated traditional knowledge, patent applicants must disclose the country of origin of the genetic resources and, where applicable, identify the Indigenous Peoples or local community that provided the associated traditional knowledge. If the country of origin or community is unknown, the applicant must disclose the source of the genetic resources or traditional knowledge. If neither the origin nor source is known, the applicant must expressly declare that fact. WIPO notes that while patent offices should provide guidance on these disclosures, they are not obliged to verify the authenticity of the information submitted. 

The treaty establishes sanctions and remedies for failures to disclose the required information. Appropriate, effective, and proportionate measures may apply, and applicants are generally permitted to correct omissions unless there has been fraudulent intent. In cases involving fraudulent conduct related to the disclosure requirement, post-grant sanctions or remedies may be provided. Aside from fraud, the treaty specifies that a patent should not be revoked, invalidated, or rendered unenforceable solely on the basis of a failure to disclose the required information. 

The instrument includes a non-retroactivity clause, providing that its obligations should not be imposed on patent applications filed before the treaty’s entry into force, subject to existing national laws concerning disclosure. 

On information systems, the treaty suggests the establishment of databases or other mechanisms of genetic resources and associated traditional knowledge, developed in consultation with Indigenous Peoples, local communities, and other stakeholders. These information systems are intended to be accessible to patent offices for purposes of search and examination of patent applications. The treaty also allows for the creation of technical working groups to address related matters such as accessibility. 

Finally, the treaty contains an in-built review mechanism for reassessing certain issues four years after it enters into force. Topics subject to review include possible extensions of the disclosure requirement to other areas of intellectual property or to derivatives, as well as issues arising from new and emerging technologies that may be relevant to the application of the treaty.