WIPO adopts Historic Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge

A signing ceremony for the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge was held on May 24, 2024, confirming the formal adoption of this historic Treaty focused on the intersection of intellectual property (IP), genetic resources, and associated traditional knowledge. 

The Treaty, once it enters into force with 15 contracting parties, will establish in international law a new disclosure requirement for patent applicants whose inventions are based on genetic resources and/or associated traditional knowledge. 

Negotiations for this Treaty began at WIPO in 2001, initiated in 1999 with a proposal by Colombia, where discussions were notable for their inclusion of Indigenous Peoples as well as local communities.

WIPO Director General Daren Tang welcomed adoption of the Treaty and congratulated negotiators on the successful outcome of the Diplomatic Conference, noting: “Today we made history in many ways. This is not just the first new WIPO Treaty in over a decade but also the first one that deals with genetic resources and traditional knowledge held by Indigenous Peoples as well as local communities. Through this, we are showing that the IP system can continue to incentivize innovation while evolving in a more inclusive way, responding to the needs of all countries and their communities.”

This initiative aims to create an international legal framework to address the complex issues that arise from the use of genetic resources and traditional knowledge in IP systems. Here are the key components and objectives of this treaty:

Protection of Genetic Resources

The treaty seeks to ensure that the use of genetic resources in IP systems, particularly in patents, is conducted fairly and equitably. This includes respecting the rights of countries and communities that are the custodians of these resources.

Protection of Traditional Knowledge

The treaty aims to safeguard traditional knowledge associated with genetic resources. This includes knowledge held by indigenous peoples and local communities about the use and management of genetic resources, which often forms an integral part of their cultural heritage.

Equitable Benefit-Sharing

A core objective is to establish mechanisms for fair and equitable sharing of benefits arising from the utilization of genetic resources and associated traditional knowledge. This can include sharing profits from commercial products developed using these resources.

Prior Informed Consent (PIC)

The treaty emphasizes the need for obtaining prior informed consent from the holders of genetic resources and traditional knowledge before these resources can be used. This ensures that communities have a say in how their resources are utilized.

Disclosure Requirements

The treaty might introduce requirements for patent applicants to disclose the origin of genetic resources and traditional knowledge used in their inventions. This would enhance transparency and accountability in the patent system.

Capacity Building and Technical Assistance

The treaty is likely to include provisions for building the capacity of countries and communities to manage and protect their genetic resources and traditional knowledge effectively. This can involve technical assistance, training, and financial support.

This initiative is significant for several reasons.

Historical Significance: This is the first new treaty WIPO has introduced in more than ten years, marking a pivotal moment in the evolution of international intellectual property law.

Focus on Genetic Resources and Traditional Knowledge: Unlike previous treaties, this one is dedicated to the protection and fair use of genetic resources and traditional knowledge. This includes knowledge systems, cultural expressions, and innovations developed by Indigenous Peoples and local communities over generations.

Recognition of Indigenous Rights: The treaty acknowledges the rights of Indigenous Peoples and local communities, ensuring that their knowledge and resources are used in a manner that respects their traditions, cultures, and contributions.

Alignment with International Frameworks: This treaty aligns with other international agreements, such as the Convention on Biological Diversity (CBD) and the Nagoya Protocol, which also address issues of access to genetic resources and the sharing of benefits arising from their use.

This treaty represents a significant step towards integrating the rights and interests of Indigenous Peoples and local communities into the global intellectual property system, promoting a more inclusive and equitable approach to the use of genetic resources and traditional knowledge.