WIPO virtual press conference. The historic Treaty on Intellectual Property, Genetic Resources and Traditional Knowledge was adopted Culture and Education
Today, member states of the World Intellectual Property Organization (WIPO) adopted the Treaty Relating to Intellectual Property, Genetic Resources and Traditional Knowledge Associated with Genetic Resources, a historic milestone that caps decades of negotiations.
Historic agreement
Participants in the final stage of negotiations, which took place May 13–24, 2024, greeted this decision with jubilation and applause. This is the first WIPO treaty to address genetic resources and traditional knowledge through the lens of intellectual property. Moreover, it is the first WIPO treaty to include provisions specifically addressing the interests of indigenous peoples and local communities.
This treaty, once entered into force by the accession of 15 Contracting Parties, will establish a new disclosure requirement in international law for applicants whose inventions are based on genetic resources and/or associated traditional knowledge. The signing ceremony of the treaty is scheduled for May 24.
Negotiations spanning a quarter of a century
Negotiations on this Treaty began at WIPO in 2001, starting with a proposal from Colombia in 1999. A unique feature of the discussions was the participation of indigenous peoples and local communities.
WIPO Director General Daren Tang welcomed the adoption of the treaty and congratulated the negotiators on the successful conclusion of the Diplomatic Conference: “Today we have taken a historic step in many respects. Not only is this the first WIPO treaty in a decade, it is also the first time that an agreement has included genetic resources and traditional knowledge of indigenous peoples and local communities. Our success demonstrates that the IP system can continue to drive innovation while developing in a more inclusive manner and meeting the needs of all countries and their communities.”
“Not only is this consensus agreement the culmination of 25 years of negotiations, it also sends a powerful signal that multilateralism is alive and well at WIPO. I express my gratitude to all negotiators, past and present, who have worked tirelessly over the past two weeks, as well as over the past several decades, to make this historic step possible,” added Tang.
What is the essence of the agreement?
B Where the invention claimed in a patent application is based on genetic resources, each contracting party requires applicants to disclose the country of origin or source of the genetic resources. Where the invention claimed in a patent application is based on traditional knowledge associated with genetic resources, each contracting party requires applicants to disclose the identity of the indigenous people or local community that provided the traditional knowledge, as applicable.
What are genetic resources and associated traditional knowledge?
Genetic resources are present, for example, in medicinal plants , crops and animal breeds. Genetic resources themselves are not subject to protection as intellectual property, but inventions created on their basis can be protected, most often through a patent.
Some genetic resources are also associated with traditional knowledge through its use and conservation by indigenous peoples and local communities, often over many generations. This knowledge is sometimes used in scientific research and, accordingly, can contribute to the creation of a protected invention.
About WIPO
Worldwide The Intellectual Property Organization (WIPO) is a United Nations agency that serves the interests of innovators and creators around the world, ensuring that their ideas can freely come to market and improve the quality of life of people wherever they are.