Access and Benefit Sharing
Access and Benefit Sharing (ABS) refers to the ways that genetic resources may be accessed, and how the benefits resulting from their use are shared equitably between the peoples or countries using the resources, and the peoples or countries providing them.
Indigenous territories are the natural domains of many important genetic resources. In addition, the traditional knowledge of Indigenous peoples is often used to “discover” genetic resources and new or potential uses for them as commercial products. When genetic resources from Indigenous communities are commercialized, the resulting products are often protected through intellectual property rights, including patents.
Indigenous peoples are rarely consulted about the use of resources extracted from their territory or created through their traditional knowledge. Infrequent or inadequate consultation means that these important resources are being used and exploited without the informed consent of the people who rely on them for their health and livelihood. Indigenous communities and groups also receive no additional benefits or special access to the products and technologies created through the use of their knowledge or from genetic resources taken from their territory.
Genetic Resources
Every single living organism on Earth contains genetic material that may be useful to humans. These genetic resources play a critical role in the creation, development, and commercialization of a wide variety of products and technologies.
Pharmaceuticals
Cosmetics
Botanicals
Agriculture
Manufacturing
The WIPO Genetic Resources and Associated Traditional Knowledge Treaty (2024)
The 2024 World Intellectual Property Organization Genetic Resources and Associated Traditional Knowledge Treaty (WIPO GR-ATK Treaty) is the first major treaty that seeks to interface intellectual property law with genetic resources and associated Indigenous Traditional Knowledge. It is the first WIPO agreement that explicitly acknowledges Indigenous Peoples as well as Local Communities.
In the international intellectual property regime, the Treaty is integral for the practical integration of Traditional Knowledge into the intellectual property system through transparency and accountability measures. The Treaty establishes international norms for the protection of genetic resources and associated Traditional Knowledge. This international standard can support domestic legal reforms, curb unethical patenting, and improve compliance monitoring and enhanced progress made on Access and Benefit Sharing across multiple regimes.
Indigenous Peoples and Local Communities around the world have historically been concerned with the misappropriation and misuse of their genetic and cultural resources. To address these concerns, WIPO established the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) in 2000. The IGC’s efforts culminated nearly a quarter-century later in the WIPO GR-ATK Treaty.
The Treaty includes a patent disclosure requirement if a claimed invention is based on genetic resources or associated Traditional Knowledge. Article 3 of the Treaty stipulates that patent applicants must disclose the Indigenous Peoples or Local Communities who provided such resources and associated knowledge. Article 6 further encourages Member States to consult with Indigenous Peoples and Local Communities in establishing information systems for patent examination and in matters relating to the administration and implementation of the Treaty.
The Nagoya Protocol (2010)
Canada’s intellectual property framework does not adequately protect Indigenous rights over their genetic resources. Like other leading biotechnology countries, Canada recognizes and rewards scientific and technological advances made using biological resources through conventional intellectual property rights, like patents. The patent system and intellectual property law do not fully capture or protect traditional forms of knowledge.
For example, Indigenous traditional knowledge is often “too old” for intellectual property protections, which means that it is legally in the public domain. As a result, industry is often able to benefit at the expense of Indigenous peoples, by patenting products that use genetic resources from traditional Indigenous lands, and by using Indigenous knowledge to find and discover new uses for those same genetic resources.
National and international efforts are underway to correct this fundamental imbalance. In 2010, a new, legally-binding international agreement called the Nagoya Protocol was adopted. This agreement supports the UN’s Convention on Biological Diversity by laying out how national governments can create comprehensive legal frameworks for fair and equitable access to genetic resources, as well as the sharing of benefits that arise from their use (commonly referred to as ABS). In particular, the Nagoya Protocol requires any new national framework to contemplate the significant role played by traditional knowledge in accessing, using, and benefitting from genetic resources. Canada has not yet signed the Nagoya Protocol, citing its lack of a national ABS policy and inadequate preparedness to implement a new ABS framework.
ABS policy in Canada and around the world
Find out all latest news and info about ABS policy that protects biodiversity while respecting Indigenous traditional knowledge.