WIPO Launches Guide to Intellectual Property Issues in Access and Benefit Sharing Agreements

The World Intellectual Property Organisation (WIPO) launched a guide to intellectual property issues in access and benefit sharing on Thursday, 28 June 2018 at a side event during the 36^th session of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore.

The guide covers the main conceptual and practical aspects of intellectual property in the context of access to genetic resources and the fair and adequate sharing of benefits arising from their utilisation.

Title: A Guide to Intellectual Property Issues in Access and Benefit Sharing Agreements.

Lead authors: Maria Julia Oliva, Senior Coordinator for Policy and Technical Support, Union for Ethical BioTrade (UEBT) and Olivier Rukundo, Legal Expert on Access and Benefit-Sharing.

Publishers: The ABS Capacity Development Initiative and the World Intellectual Property Organisation.

While the guide seeks to serve both providers and users of genetic resources when negotiating and designing intellectual property clauses in access and benefit sharing agreements, it is important to emphasise that it is not a standalone resource. In other words, it complements existing resources, tools and agreements on intellectual property related considerations in access and benefit sharing negotiations. One of such is the WIPO Collection of Biodiversity-related Access and Benefit Sharing Agreements.

The 88-page Guide is divided into 5 sections, including its introduction and conclusion.

Section 1 generally introduces the scope and structure of the guide, the three key international instruments discussed namely the: (i) Convention on Biological Diversity, (ii) Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation (iii) International Treaty on Plant Genetic Resources for Food and Agriculture and clarifies the terminology used.

Section 2 provides an overview of the different types of intellectual property rights that can arise from the utilisation of genetic resources and explains how such rights may be relevant when negotiating access and benefit sharing agreements.

P.26, WIPO ABS Guide, 2018.

Section 3 covers the exploitation and management of intellectual property rights in both commercial and non-commercial agreements.

P. 50, WIPO ABS Guide, 2018.

Section 4 focuses on specific intellectual property issues relating to access and benefit sharing in selected industrial sectors, including the pharmaceuticals, industrial biotechnology, agriculture, cosmetics and personal care, as well as food and beverages sectors.

Section 5 sets out a concluding summary.