Petaling jaya: The country's rich biodiversity and traditional knowledge need to be protected through a transparent and robust patent system, particularly in relation to genetic resources with research value and commercial potential. Intellectual Property Corporation of Malaysia (MyIPO) director-general Yusnieza Syarmila Yusoff emphasized the importance of such an approach to minimize the risk of inappropriate patent grants, while safeguarding genetic resources and communities' traditional knowledge from commercial exploitation without due recognition.
According to BERNAMA News Agency, local plants such as 'tongkat ali' and 'kacip fatimah' are examples of genetic resources with research value and commercial potential that are closely associated with the traditional knowledge of local communities. As stated by Yusnieza Syarmila, the resources and knowledge used in developing an invention need to be properly identified and duly recognized.
She noted that under the World Intellectual Property Organisation (WIPO) Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge, patent applicants for inventions based on genetic resources are required to disclose the country of origin or source of the material. Moreover, applicants must disclose the Orang Asal or local community that is the source of the associated traditional knowledge, ensuring that the genetic resources and traditional knowledge are accessed lawfully.
"The WIPO GRATK Treaty was adopted by consensus by WIPO member states on May 24, 2024, following 25 years of negotiations, and is the first WIPO treaty to explicitly recognize the role and contributions of Orang Asal and local communities in the intellectual property system," Yusnieza Syarmila stated. This development necessitates a comprehensive understanding among policymakers, patent administrators, researchers, industry players, and stakeholders involved in the management of biodiversity and traditional knowledge.
She further mentioned that MyIPO would continue to enhance engagement and capacity-building efforts with ministries, agencies, state governments, research institutions, industry, Orang Asal, and local communities to ensure a comprehensive understanding of developments related to the treaty and safeguard the country's interests.
Earlier, MyIPO organized the national seminar on the WIPO Treaty on Genetic Resources and Traditional Knowledge at Menara MyIPO, Petaling Jaya, to enhance understanding and strengthen the country's capacity to address new developments in protecting genetic resources associated with traditional knowledge, particularly through the international patent system. The seminar brought together experts from WIPO, the Council of Scientific and Industrial Research (CSIR) India, as well as representatives from federal and state agencies to discuss the protection of traditional knowledge and genetic resources, access and benefit-sharing frameworks, and best practices in managing the country's biodiversity resources.