WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

The WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge^[1] or GRATK Treaty is an international legal instrument which aims to improve the efficacy, transparency and quality of the patent system and prevent patents from being granted that are not novel or inventive. The Treaty aims indirectly to combat biopiracy^[2] and facilitate compliance with access and benefit-sharing rules through disclosure requirements for patent applicants whose inventions are based on genetic resources and/or associated traditional knowledge.^[3][4][5][6]

The treaty was concluded at the headquarters of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland, on 24 May 2024,^[7] after more than two decades^[8] of previous developments by WIPO's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (WIPO IGC).^[9]

The Treaty was adopted by consensus. Its adoption has been hailed in particular by developing countries and Indigenous Peoples.^{[10][11][12][8][13]} It was deemed "historic in many regards"^[14] by some observers, qualified by the Indigenous Caucus^[13] as a "first step towards guaranteeing just and transparent access to these resources."^[15] However, some developed countries and industry associations have begun to speak out against the Treaty.^[16][17]

The committee was established in 2000 by the General Assembly of WIPO. It met for the first time in 2001.^[18]

Since 2010, the core of the mandate of the WIPO IGC has been (with some variations over the years) to undertake text-based negotiations with the objective of reaching agreement on a text of an international legal instrument (or instruments) which will ensure the effective protection of genetic resources, traditional knowledge and traditional cultural expressions.

In essence, the work of the WIPO IGC has aimed to bridge the gaps between the intellectual property system and numerous other international legal instruments that provide some, but insufficient protection to either traditional knowledge, traditional cultural expressions, or genetic resources (UNDRIP, Convention on Biological Diversity, Nagoya Protocol, FAO plant treaty, UNESCO conventions on intangible cultural heritage, etc.), none of which include explicit intellectual property-related protections for indigenous peoples and local communities.^[19][20]

WIPO IGC's negotiations were suspended in 2020 because of the COVID-19 pandemic, and resumed in 2022.^[20]

In 2022, the WIPO General Assembly agreed to convene a Diplomatic Conference by 2024 to negotiate and adopt an international legal instrument relating to intellectual property, genetic resources and traditional knowledge associated with genetic resources.^[21]

The selection of the draft text that had to serve as a basis for the negotiations of the final text of the treaty received some criticism from civil society observers.^[22][23] The 2022 WIPO General Assembly decided that a "Chair's text" which had been drafted by Australian Ian Gross, Chair of the WIPO IGC from 2016 to 2022, would be the basis for the final stage negotiations. Prior to that decision, the text which was expected to be used as basis for the negotiations was the "Consolidated Document", a more comprehensive document on which WIPO IGC Member States had been working on by consensus during years.^[22]

Contrary to the Consolidated Document which was heavily bracketed and contained many options and alternatives, the Chair’s Text contained only one set of square brackets, because Goss had retained it as his text and not opened it up for amendments by the negotiators.^[24]

In August 2023, India submitted a proposal with a series of amendments to the Chair’s text, aiming to add back some elements from the Consolidated Document in the discussion.

Ahead of the Diplomatic Conference, two extraordinary meetings were convened to prepare the Conference:

• Special Session of the WIPO IGC (4–8 September 2023)
• Preparatory Committee of the Diplomatic Conference (11–13 September, and 13 December 2023).

The Special Session which took place from 4 to 8 September 2023, reviewed part of the Chair's text containing substantive articles. The Preparatory Committee which was held the week after, addressed administrative and procedural parts of the draft.^[25] Jointly, these two meetings yielded a revised draft, which serves as the basis for the 2024 Diplomatic Conference discussions.

The Preparatory Committee also adopted Draft Rules of Procedure for the Diplomatic Conference, as well as a List of Invitees. On 13 September 2023, the committee had to suspend its session due to the absence of submission by Member States of proposals to host the Diplomatic Conference. On 13 December, the committee reconvened to adopt a decision to hold the Diplomatic Conference at WIPO's headquarters in Geneva, facing the lack of alternative proposals.^[26]

As explained on the website of the Diplomatic Conference:

On July 21, 2022, the WIPO General Assembly decided to convene a Diplomatic Conference to conclude an International Legal Instrument Relating to Intellectual Property, Genetic Resources and Traditional Knowledge Associated with Genetic Resources no later than 2024.^[27]

The Diplomatic Conference was held in Geneva, Switzerland, between 13 and 24 May 2024.^[26] During the Conference, the draft resulting from the Special Session and Preparatory Committee was discussed and amended.

Some 1,200 registered attendees participated in the Diplomatic Conference. 176 countries were represented as were the European Union, 14 intergovernmental organizations and 71 non-governmental organizations.

The final legal instrument, the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (often referred to by its acronym "GRATK"^[8][28]) was adopted in the night^[29] of Thursday 23 to Friday 24 May 2024, and opened for signature the 24 May in the afternoon, at the WIPO headquarter in Geneva.^[2]

This is the first WIPO Treaty to address the interface between intellectual property, genetic resources and traditional knowledge and the first WIPO Treaty to include provisions specifically for Indigenous Peoples as well as local communities. The Treaty, once it enters into force with 15 contracting parties, will establish in international law a new disclosure requirement for patent applicants whose inventions are based on genetic resources and/or associated traditional knowledge.^[7]

The Treaty was concluded on 24 May 2024 and immediately opened for signature. Under the Treaty's Article 16, it is stated that the Treaty will be "open for signature at the Diplomatic Conference in Geneva and thereafter […] for one year after its adoption."^[1]

At the closing of the Diplomatic Conference, on 24 May 2024, the Treaty was signed by 30 countries: Algeria, Bosnia and Herzegovina, Brazil, Burkina Faso, Central African Republic, Chile, Colombia, Congo, Cote d'Ivoire, Eswatini, Ghana, Lesotho, Madagascar, Malawi, Marshall Islands, Morocco, Namibia, Nicaragua, Niger, Nigeria, Niue, North Korea, Paraguay, Saint Vincent & the Grenadines, São Tomé and Príncipe, Senegal, South Africa, Tanzania, Uruguay, and Vanuatu.^[8]

At the end of the one year period to sign the Treaty, May 24, 2025, the Treaty had been signed by 44 countries.

Under Article 17, the Treaty is planned to enter into force 3 months after ratification or accession by 15 countries.

Signature, ratification and accession is open to any Member State of the WIPO, under the Treaty's Article 12. Countries that signed the Treaty within the first year period (until 24 May 2025) have to further ratify it in order for the Treaty to enter into force. Countries deciding to join after the initial one-year period will join through "adhesion" (equivalent to both signature and ratification). At the end of the one year period to sign the Treaty, May 24, 2025, the Treaty had been signed by 44 countries.^[30]

• World Intellectual Property Organization – Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore
• Biopiracy –– Bioprospecting
• Patents –– Patent Law Treaty –– Patent Cooperation Treaty
• Nagoya Protocol –– High Seas Treaty
• UNDRIP –– UNDROP

• Wendland, Wend (October 3, 2024). "The new WIPO Treaty 25 years in the making: what does it mean and what happens next?". WIPO. Retrieved 2025-01-10.
• Perron-Welch, Frédéric, ‘Bio-based Innovation and the Global Patent System: Exploring the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge’, GRUR International [2024];
• Oguamanam, Chidi, ‘The WIPO Treaty on Genetic Resources and Associated Traditional Knowledge: A Negotiating, Contextual and Conceptual Appraisal’, Boston University International Law Journal Vol 43 [2025];
• Wendland, Wend, The Journey to the WIPO Treaty on Genetic Resources and Associated Traditional Knowledge: Policy, Process and People, Edward Elgar, 2025.
• Callo-Muller, Maria Vasquez, Diego F. Ortega Sanabria, and Alejandro Matsuno Remigio, ‘The WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge: Situating a Landmark Development in International Intellectual Property Governance’, GRUR International [2024], 73(12);
• Syam, Nirmalya and Carlos M. Correa, ‘Understanding the new WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge’, Policy Brief, South Centre, No. 131, July 3, 2024

• Official WIPO webpage on the GRATK