Disclosure of source requirement for genetic resources and Traditional Knowledge in patent applications

Issue summary

Innovations that are based on Traditional Knowledge, but which are subject to further research and development, may benefit from patent or Plant breeder's rights (PBR) protection as long as they are new and inventive or new and distinctive. There's no requirement in the patent or PBR system for applicants to disclose that they have used genetic resources or Traditional Knowledge in their inventions. Nor do patent or PBR applicants have to disclose how and where they have obtained these resources or knowledge. This can make it difficult for the traditional custodians of the resources or knowledge to benefit from, or prevent, its commercialisation by others.

IP Australia is considering options to change patents legislation to require that an application for a patent include disclosure of the source of genetic resource and Traditional Knowledge, taking into account the Treaty on IP, Genetic Resources and Associated Traditional Knowledge . Similar requirements could also be considered for PBR.

Comments

In 2024, the World Intellectual Property Organization (WIPO) adopted a new Treaty on IP, Genetic Resources and Associated Traditional Knowledge. Australia signed the Treaty in December 2024. 
 
In 2021, IP Australia released the Consultation Report - Enhance and Enable Indigenous Knowledge. The report outlines the feedback received through our 2021 consultations and the next steps to enhance the IP system for protection and promotion of Indigenous Knowledge. In 2019, IP Australia’s Consultation Report – the Protection of Indigenous Knowledge in the Intellectual Property System, summarised feedback received in our initial consultation on Indigenous Knowledge issues.