International efforts to address Biodiversity, Traditional Knowledge, and Biopiracy

Recognizing that biodiversity-related disputes extend across national boundaries, several international legal instruments have sought to establish a fair balance between promoting innovation and protecting the rights of biodiversity-rich countries and Indigenous communities.

1. Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement

The TRIPS Agreement, adopted under the World Trade Organization in the 1990s, established the first comprehensive global framework for intellectual property protection covering healthcare, agriculture, food, and biotechnology.

While TRIPS strengthened patent protection internationally and encouraged innovation, critics argue that it also accelerated the privatization and commercialization of biodiversity. By enabling stronger monopoly rights over biodiversity-based innovations, the agreement contributed to increasing concerns regarding biopiracy, particularly where patents were granted without adequately considering the origin of biological resources or traditional knowledge.

2. Convention on Biological Diversity (CBD) (1992)

The Convention on Biological Diversity (CBD) shifted international thinking by recognizing that states possess sovereign rights over their biological resources.

The Convention introduced several important principles:

• conservation of biodiversity;

• sustainable use of biological resources;

• fair and equitable sharing of benefits arising from the utilization of genetic resources.

The CBD also emphasized that access to genetic resources should occur only with the prior informed consent (PIC) of the provider country and that benefits arising from commercialization should be shared fairly.

Although the Convention established these principles, enforcement has remained difficult. Numerous allegations of biopiracy continue to arise despite the absence of formal prosecutions under the Convention.

3. Nagoya Protocol on Access and Benefit-Sharing (2010)

The Nagoya Protocol, adopted in 2010 under the Convention on Biological Diversity (CBD), was introduced to strengthen the implementation of the CBD's third objective—the fair and equitable sharing of benefits arising from the utilization of genetic resources. It establishes a legal framework governing access to genetic resources through prior informed consent (PIC) and mutually agreed terms (MAT) between users and provider countries. The Protocol also recognizes the importance of traditional knowledge associated with genetic resources and encourages equitable benefit-sharing with Indigenous and local communities. By promoting legal certainty, transparency, and compliance measures, the Nagoya Protocol seeks to reduce instances of biopiracy while facilitating responsible scientific research and sustainable utilization of biodiversity.

4. International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) (2001)

The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), adopted in 2001 under the Food and Agriculture Organization (FAO), focuses specifically on plant genetic resources that are essential for global food security and sustainable agriculture. The Treaty establishes a Multilateral System of Access and Benefit-sharing, enabling facilitated access to selected plant genetic resources while ensuring that benefits arising from their use contribute to conservation, sustainable agriculture, and capacity building. It also recognizes Farmers' Rights, including the protection of traditional knowledge relevant to plant genetic resources and the equitable sharing of benefits derived from their utilization. The Treaty complements broader biodiversity agreements by addressing agricultural biodiversity within an international legal framework.

5. United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) (2007)

Although not an intellectual property treaty, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted in 2007, provides an important human rights framework for protecting Indigenous peoples' cultural heritage, traditional knowledge, and genetic resources. The Declaration affirms the rights of Indigenous communities to maintain, control, protect, and develop their traditional knowledge, cultural expressions, and intellectual property. It further emphasizes the importance of obtaining free, prior, and informed consent (FPIC) before undertaking activities affecting Indigenous lands, territories, or resources. These principles have significantly influenced international discussions on biodiversity governance, benefit-sharing, and the ethical use of traditional knowledge within patent systems.

6. The Role of the World Intellectual Property Organization (WIPO) (1967)

The World Intellectual Property Organization, established in 1967 as a specialized agency of the United Nations, has become the principal international institution addressing the relationship between intellectual property, biodiversity, genetic resources, and traditional knowledge.

Beyond administering major international patent treaties such as the Patent Cooperation Treaty (PCT) and the Patent Law Treaty (PLT), WIPO established the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), which has served as a global forum for negotiating standards governing genetic resources and Indigenous knowledge.

Although negotiations progressed slowly over more than two decades, they ultimately resulted in a landmark international agreement in 2024.

7. The 2024 WIPO Treaty on Genetic Resources and Traditional Knowledge

On 24 May 2024, WIPO adopted the first international treaty specifically addressing the relationship between patents, genetic resources, and traditional knowledge.

The treaty introduces several significant obligations:

• Patent applicants must disclose the origin or source of the genetic resources used in an invention;

• Applicants must identify the Indigenous or local communities whose traditional knowledge contributed to the invention, where applicable;

• Intellectual property offices will have access to information systems to verify compliance with disclosure requirements.

The treaty also encourages applicants to:

• document the provenance of genetic resources;

• obtain prior informed consent (PIC) from relevant Indigenous or local communities whenever applicable;

• ensure fair and equitable benefit-sharing through contractual arrangements; and

• conduct prior-art searches that include traditional knowledge databases rather than relying solely on scientific literature.

Although the treaty has not yet entered into force and requires ratification by at least fifteen states, it represents a significant evolution in international intellectual property law by strengthening transparency, recognizing traditional knowledge, and promoting more equitable use of biodiversity.

International instruments such as the Convention on Biological Diversity (CBD), the Nagoya Protocol, and the 2024 WIPO Treaty reflect a growing global consensus that innovation and biodiversity conservation are not competing objectives but complementary ones. At the same time, landmark disputes involving Turmeric, Neem, Basmati, Hoodia, and Taxol demonstrate that effective intellectual property systems must reward genuine innovation while recognizing the contributions of biodiversity-rich nations and Indigenous communities whose biological resources and traditional knowledge often form the foundation of scientific advancement.

For innovators and industry, these developments signal that intellectual property strategies can no longer focus solely on patentability. Increasingly, successful innovation will also depend on responsible sourcing of genetic resources, transparent disclosure practices, equitable benefit-sharing, and careful management of AI-assisted inventions. As patent offices continue to address issues such as inventorship, obviousness, and ownership in the context of AI-driven research, businesses will need to integrate legal compliance, ethical considerations, and sustainability into their innovation strategies from the earliest stages of research and development.