Patent applications based on genetic resources must now disclose the country of origin
Member states of the World Intellectual Property Organization (WIPO), a specialized agency of the United Nations, have approved a landmark treaty addressing intellectual property (IP), genetic resources, and associated traditional knowledge.
Ambassador Guilherme de Aguiar Patriota, president of the Diplomatic Conference and Brazil’s Permanent Representative to the World Trade Organization, officially confirmed the consensus approval of the new WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge. Delegates at the final stage of negotiations from May 13 to 24 celebrated the successful outcome with cheers and applause.
This treaty is the first from WIPO to directly address the interface between IP, genetic resources, and traditional knowledge. It also includes specific provisions for Indigenous Peoples and local communities. Once it enters into force, with the ratification of 15 contracting parties, the treaty will establish a new international disclosure requirement for patent applicants whose inventions are based on genetic resources and associated traditional knowledge.
Negotiations for the treaty began in 2001, following a proposal by Colombia in 1999. These discussions were notable for including Indigenous Peoples and local communities, ensuring their voices and concerns were considered.
WIPO Director General Daren Tang expressed his approval of the treaty, stating, “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 and 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.”
Tang also highlighted the agreement's significance, noting, “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. I thank all negotiators, past and present, who worked tirelessly over these last two weeks and the past few decades to make history today.”
Ambassador Patriota described the treaty as “a very carefully balanced outcome of this Diplomatic Conference. It constitutes the best possible compromise and a carefully calibrated solution, which seeks to bridge and balance a variety of interests, some passionately held and defended over the course of decades.”
The treaty mandates patent applications for inventions based on genetic resources must disclose the country of origin or source. Applicants must also disclose the Indigenous Peoples or the local community that provided the knowledge for inventions based on traditional knowledge associated with genetic resources.
Genetic resources are found in medicinal plants, agricultural crops, and animal breeds. While genetic resources cannot be directly protected as IP, inventions developed using them can be patented. These resources are often linked to traditional knowledge, which has been conserved and utilized by Indigenous Peoples and local communities over generations. This knowledge contributes significantly to scientific research and the development of new inventions.
The Diplomatic Conference in Geneva was organized into two main committees: Main Committee I, chaired by Jodie McAlister of IP Australia, which negotiated substantive IP provisions, and Main Committee II, chaired by Vivienne Katjiuongua of Namibia's Business and Intellectual Property Authority (BIPA), which handled administrative provisions and final clauses. Additional committees ensured proper delegation credentials, the treaty’s language versions aligned, and overall process management.
After committee approvals, the conference plenary adopted the treaty and opened for signature. Signing the treaty indicates a country’s strong intent to be bound by its provisions, though it does not immediately impose legal obligations.
