With the treaty’s adoption, WIPO member States concluded lengthy negotiations that began at WIPO in 2001.
The treaty will enter into force three months after 15 countries have deposited their instruments of ratification or accession.
Member states of the World Intellectual Property Organization (WIPO) adopted a new treaty addressing the interface between intellectual property (IP), genetic resources, and traditional knowledge. The treaty establishes a disclosure requirement for patent applicants who base their inventions on genetic resources and associated traditional knowledge.
The Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge adopted the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge on 24 May 2024, concluding lengthy negotiations that began at WIPO in 2001.
“This agreement by consensus is not just the culmination of a 25 year negotiating journey, but also a strong signal that multilateralism is alive and well at WIPO,” said WIPO Director General Daren Tang, welcoming the treaty’s adoption.
According to a WIPO explainer, “where a claimed invention in a patent application is based on genetic resources, each contracting party shall require applicants to disclose the country of origin or source of the genetic resources.” “Where the claimed invention in a patent application is based on traditional knowledge associated with genetic resources, each contracting party shall require applicants to disclose the Indigenous Peoples or local community, as applicable, who provided the traditional knowledge,” it notes.
The treaty will enter into force three months after 15 countries have deposited their instruments of ratification or accession.
Genetic resources and related traditional knowledge and other issues are also being addressed in other international frameworks and processes, including:
Ongoing negotiations under the auspices of the World Health Organization (WHO) seek to establish a multilateral ABS system for pathogens with pandemic potential and their DSI/genetic sequence data (GSD).
The Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge convened in Geneva, Switzerland, from 13-24 May 2024. [WIPO Press Release] [UN News Story]