The opportunities and adaptability of traditional economies have transformed the lives of millions of indigenous peoples as well as local communities, enabling them to gain financial benefits from their cultural richness, sophisticated natural resource management expertise, agricultural and health-related knowledge, traditional medicines, biomedical research, and handicraft trade. The GRATK introduced new trade norms after facing unfair exploitation of genetic resources and traditional knowledge in support of community-based businesses. GRATK has enhanced local and national economies, governance, laws, sustainable resource management and conservation, as well as the protection of TK and technologies for local consumption and production.
The WIPO Treaty on Genetic Resources (GR) and Associated Traditional Knowledge (TK), with a focus on the plight of indigenous peoples’ cultural heritage, examines how ancestral knowledge of indigenous communities must be protected to prevent corporations from claiming IPR over GRATK, thereby depriving local communities of the benefits of their intellectual property. The treaty establishes a mandatory disclosure requirement in patent applications where inventions are based on GRs and associated TK. Although this has been hailed as a significant step in addressing the misappropriation of GRs and TK, its real impact will depend on how countries implement and enforce its provisions, and, more importantly, which countries are able to monitor and maintain a repository of their respective genetic resources and traditional knowledge.
Pakistan is home to diverse genetic resources, ranging from medicinal plants like Ajwain, Neem, and Sumbul to unique crop varieties such as Basmati rice and Safflower. Indigenous communities across Balochistan, Gilgit-Baltistan, and Khyber Pakhtunkhwa possess generations-old knowledge on medicinal, agricultural, and ecological uses of these resources. If serious consideration is given to indigenous knowledge management, Pakistan has the potential to provide practical tools for poverty alleviation, sustainable development, and empowerment. However, an absence of research and documentation of local resources and knowledge, alongside a lack of adequate legal frameworks, has left this heritage vulnerable to foreign exploitation.
The GRATK treaty introduces three main provisions. The first is mandatory disclosure of genetic resources and traditional knowledge in patent applications. This requirement reduces the probability of exploitation, increases transparency, and prevents large corporations from patenting knowledge that rightfully belongs to indigenous communities. This enables Pakistan to challenge patents filed in foreign jurisdictions involving its GR and TK; however, it can only effectively enforce this right if a comprehensive database is created to prevent bio-piracy at international patent offices.
Secondly, another important provision is sanctions for non-disclosure, as the treaty allows contracting parties to impose penalties for non-disclosure. This provides Pakistan with an avenue to impose legal penalties on companies or researchers that fail to disclose their use of Pakistani GRs. However, the scale of penalties is left to national governments.
Thirdly, the treaty encourages—but does not mandate—the establishment of national information systems and databases to assist patent offices in preventing wrongful patent grants. Without an accessible, government-backed repository, Pakistan’s TK remains highly susceptible to unauthorised commercial use.
Pakistan should promptly ratify the treaty to secure international legal backing in disputes over bio-piracy and intellectual property claims. It must also create and maintain a comprehensive, government-backed digital repository of its medicinal plants, agricultural varieties, and indigenous knowledge to prevent foreign patenting of its resources.
Pakistan must also promote entrepreneurship based on traditional knowledge and cultural expressions in local areas to celebrate the rich and diverse cultures and traditions of indigenous peoples and local communities in all provinces. Community-based entrepreneurship will strengthen their sense of identity and belonging, while creating jobs and generating income. Women entrepreneurs from indigenous peoples and local communities—those who work jointly with other members of their communities in projects based on traditional knowledge or cultural expressions—should be encouraged to build capacity in GRATK and acquire basic knowledge of IPRs for effective use in the digital economy.
The main actors in Pakistan’s traditional economies face difficulties due to a lack of awareness of and expertise in GRATK and IPRs, especially women from local communities, many of whom play a key role as holders and custodians of GRATK. They often face challenges due to inequalities in access to education, funding, and support services for promoting business models, marketing, and digital storytelling. The government should provide opportunities for stakeholders to acquire basic knowledge of entrepreneurship, networking, and experience-sharing with other entrepreneurs from the region, and to further develop their projects and businesses.
Muhammad Majid Bashir
The writer is a lawyer and a former Judge. Email Judgemajid@hotmail.com