On May 24, 2024, the Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge convened at the headquarters of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland, concluded and signed a new historic international treaty.
This is the first major treaty to consider the intersection of traditional knowledge and genetic resources within global intellectual property, specifically the patent system under the auspices of the WIPO. The new international instrument advances a more inclusive, transparent and accountable patent system as a significant step against the unjust appropriation of the knowledge of Indigenous peoples and local communities.
One of the key contributors to this significant achievement was Dr. Chidi Oguamanam, the University Research Chair in Sustainable Bio-Innovation, Indigenous Knowledge Systems and Global Knowledge Governance and a Faculty member at the Centre for Law, Technology and Society at the University of Ottawa.
For the past ten years, Dr. Oguamanam has participated in several treaty negotiation conferences as part of a delegation including Prof. Ruth Okediji (Harvard Law School), top-level officials of Nigerian Diplomatic Missions and relevant Ministries, Departments and Agencies. This decade-long participation was possible thanks to the support of the Government of Nigeria, through the Nigerian Permanent Mission to the United Nations, the Open African Innovation Research Network (Open AIR), Access and Benefit Sharing Canada (ABS Canada) and, recently, the Centre for Environmental Law and Global Sustainability at the University of Ottawa.
A Full Professor in the Faculty of Law, Common Law Section, Dr. Oguamanam, who also leads ABS Canada and co-leads the Open AIR, contributed to the WIPO negotiation treaty process in various ways, including by providing technical support in real-time with the Africa Group, Indigenous Caucus and Group of Like-Minded States (LMCs) and other stakeholders, networking and brokering understanding and serving in various technical expert committees and ultimately facilitating the outcome of over a decade of negotiations.
In a blog series, Dr. Oguamanam comes back on the process and his involvement in those negotiations: unpacking the “Ten Major Issues”, sharing insights from the conference as “Delegates Set a Positive Tone in the Early Days” and through it with “Slow Progress, Hopeful Outlook”, as well as his take on the final text in “A Symbolic and Modest Step toward an Inclusive and Just IP System”.
He notes the contentious role of Indigenous peoples and local communities in the negotiations, as many WIPO member states have questionable claims over tradition and Genetic Resources. Their involvement is crucial for the treaty's legitimacy and success. His participation in the negotiation helped to identifycritical areas needing attention to protect Traditional Knowledge holders and Genetic Resources providers effectively. The treaty advances a more inclusive, transparent and accountable patent system as a significant step against the unjust appropriation of the knowledge of Indigenous peoples and local communities.
Dr. Oguamanam highlights the treaty's potential and challenges ahead, underscoring the importance of continued efforts to protect traditional knowledge and genetic resources within the global intellectual property framework.