The WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge: Miracle or Mirage?

Abstract

Abstract On 24 May 2024, member states of the World Intellectual Property Organization (WIPO) concluded a new treaty. This is the first WIPO treaty in over a decade and will establish, under international law, a disclosure requirement for patent applicants whose inventions are based on genetic resources or associated traditional knowledge. Overall, the agreement proves that multilateral negotiations can produce concrete and tangible results, even after twenty-five years of deliberations. During this time, some WIPO member states have already regulated the obligation to disclose certain information in patent applications either through national law (for example, in Switzerland and Norway) or regional law (for example, Decision 486 of the Andean Community or the Swakopmund Protocol adopted under the Africa Regional Intellectual Property Organization). In this sense, the agreement can be seen as simply elevating what is already regulated elsewhere at an international level — essentially, old wine in new bottles. However, upon closer examination, the new agreement constitutes a milestone in the fragmented international intellectual property (IP) framework. It includes, for the first time, provisions referring to Indigenous peoples and local communities, paving the way for future treaties. This is particularly relevant since the Protocol to the Agreement Establishing the African Continental Free Trade Area on Intellectual Property Rights , adopted in 2023, mandates parties to negotiate a separate annex on traditional knowledge. Additionally, it represents a shift from the old rules by incorporating new values, such as protecting Indigenous knowledge, marking the changing dynamics in the current international legal landscape. Ultimately, the new WIPO Disclosure Treaty has the potential to trigger a new conversation in other multilateral forums, such as the World Trade Organization, on biodiversity conservation and patentability requirements. This article aims to delve into these issues and explore the ripple effects of this new international IP treaty.