On 24 May 2024, member states of the World Intellectual Property Organization (WIPO) unanimously approved a groundbreaking new treaty concerning intellectual property (IP), genetic resources, and associated traditional knowledge. This landmark achievement concludes decades of negotiations and marks a significant milestone in international law.
Ambassador Guilherme de Aguiar Patriota, the President of the Diplomatic Conference and Brazil’s Permanent Representative to the World Trade Organization, sealed the consensus approval of the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge. Delegates enthusiastically applauded this historic moment during the final stage negotiations held from 13 to 24 May 2024.
This treaty represents the first comprehensive effort by WIPO to address the intersection of intellectual property, genetic resources, and traditional knowledge, with dedicated provisions for Indigenous Peoples and local communities. Once ratified by 15 contracting parties, the treaty will establish a new international legal requirement for patent applicants to disclose the origin of genetic resources and associated traditional knowledge underlying their inventions.
WIPO Director General Daren Tang hailed the adoption of the treaty as a historic moment, emphasizing its significance in modernizing the IP system to accommodate diverse global interests. Ambassador Patriota described the treaty as a meticulously balanced compromise, reflecting decades of passionate advocacy and negotiation.
The treaty mandates disclosure of the country of origin or source of genetic resources in patent applications and requires disclosure of Indigenous Peoples or local communities associated with traditional knowledge. Genetic resources, found in medicinal plants, agricultural crops, and animal breeds, serve as the basis for inventions protected by intellectual property rights, primarily patents. Traditional knowledge, often intertwined with genetic resources, contributes to scientific research and invention development.
The treaty's adoption and signing mark a significant step towards addressing global concerns regarding IP, genetic resources, and traditional knowledge, reaffirming the commitment to multilateralism and inclusive policymaking at WIPO.