DIP: WIPO GRATK Study Puts Genetic Resource Records in Focus

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DIP: WIPO GRATK Study Puts Genetic Resource Records in Focus

No new filing duty yet:

The Department of Intellectual Property (DIP) has published WIPO GRATK, a study of the possible effects and benefits of Thailand joining the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. The publication signals that accession is under study; it does not mean Thailand has joined the treaty or that patent applicants must now make new disclosures.

The treaty would require a patent applicant whose invention is based on genetic resources to disclose their country of origin or, if that is unknown, their source. If the invention is based on associated traditional knowledge, the application would identify the Indigenous Peoples or local community that provided it, or the source of that knowledge. The treaty will enter into force after 15 eligible parties have ratified or acceded. It has not yet been done so.

The business issue is the paper trail:

For companies working with biological materials, the information needed for a patent application may be spread across research partners, suppliers, universities and other organizations. A company may know what material was used in an invention but lack a reliable record of where it came from or how it was obtained. That gap could complicate patent preparation if the treaty’s disclosure rules later apply.

Biotechnology, agriculture, pharmaceutical and food businesses should look at how they record the source of samples and related traditional knowledge. Research and material transfer agreements can help by requiring partners to provide provenance information and pass it along when materials change hands. The same records may help teams address permissions and benefit-sharing arrangements under applicable rules.

Thai companies seeking patents overseas should also check the requirements in each filing country. Foreign disclosure rules may affect an application even if Thailand has not joined WIPO GRATK. The DIP study is a timely reason to examine these practices, but businesses should read its recommendations before making changes to filing procedures or contract templates. Study itself creates no new obligation. DIP’s earlier consultation identified potential benefits in protecting genetic resources and associated local knowledge, improving patent transparency and supporting fair benefit sharing.

Key takeaways:

• DIP’s study concerns possible accession; it does not establish that Thailand has acceded.

• WIPO GRATK’s disclosure requirement will apply when Thailand joins WIPO GRATK.

• Businesses should check whether their research and supply arrangements preserve reliable records of genetic resources and associated traditional knowledge.

• Thai applicants filing abroad should check the disclosure rules in each relevant jurisdiction.

Author: Panisa Suwanmatajarn, Managing Partner.

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