Treaty Fails to Safeguard Māori Knowledge

The issue of biopiracy, where Indigenous knowledge is exploited for profit through patents, has long been a concern. The recent adoption of the Treaty on Intellectual Property, Genetic Resources, and Traditional Knowledge by the World Intellectual Property Organization (WIPO) is a significant step towards protecting traditional knowledge and genetic resources globally.

After more than 20 years of negotiations, this treaty is the first international agreement to include provisions on Indigenous peoples’ knowledge. While it aims to prevent biopiracy, questions remain about its impact on New Zealand law and the rights of Māori to their intellectual property and taonga.

Instances of non-Māori businesses seeking patents for native plants similar to Māori practices have been documented, raising concerns about consultation and permission. The WIPO treaty introduces a disclosure of origin requirement for patent claims involving genetic resources or traditional knowledge. While this is seen as progress, New Zealand’s Intellectual Property Office already has similar measures in place.

IPONZ requires patent applicants to disclose involvement with traditional knowledge and Māori interests. The Patents Māori Advisory Committee advises on applications related to Māori traditional knowledge. While the WIPO treaty mandates implementation of similar measures domestically, the consequences for non-disclosure are limited unless fraudulent behavior is involved.

Earlier drafts of the treaty included provisions for protecting traditional knowledge as the intellectual property of Indigenous peoples and ensuring fair benefits from its use. However, the final treaty falls short of these protections and does not safeguard traditional cultural expressions.

The treaty focuses more on upholding the patent system’s integrity than on protecting Indigenous knowledge. While it may prevent the misappropriation of traditional knowledge in patents, it does not offer substantive protection for the knowledge itself or traditional cultural expressions. Implementing the treaty in New Zealand will safeguard the patent system but may not fully uphold Māori rights and sovereignty as guaranteed by the Treaty of Waitangi.

In conclusion, while the WIPO treaty is a step in the right direction for addressing biopiracy, its effectiveness in protecting Indigenous knowledge and cultural expressions remains to be seen. The balance between safeguarding intellectual property rights and respecting traditional knowledge is a complex issue that requires ongoing attention and engagement from all stakeholders.