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

GRATK Treaty

WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge
View of the podium during the Preparatory Committee held ahead of the GRATK Diplomatic Conference (December 2023).
Signed	Adopted 24 May 2024 (2024-05-24)
Location	WIPO headquarters, Geneva
Effective	not in force
Condition	Three months after 15 ratifications or accessions
Signatories	44 States Algeria Bosnia and Herzegovina Brazil Burkina Faso Central African Republic Chile Colombia Congo Cote d'Ivoire Eswatini Ghana North Korea Lesotho Madagascar Malawi Marshall Islands Morocco Namibia Nicaragua Niger Nigeria Niue Paraguay Saint Vincent and the Grenadines São Tomé and Príncipe Senegal South Africa Tanzania Uruguay Vanuatu Gambia Peru Cabo Verde Indonesia Dominican Republic Zimbabwe Togo Uganda Australia   Switzerland Zambia Iran Ecuador Bolivia
Parties	2 ( Malawi, Uganda)
Depositary	WIPO
Languages	English, Arabic, Chinese, Spanish, French, Russian

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 (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 begin to speak out against the Treaty. ^{[16] [17]}

Background and history

2001–2022: Work of the WIPO IGC

The IGC 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 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 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]}

IGC's negotiations were suspended in 2020 because of the pandemic of SARS-CoV-2, and resumed in 2022. ^[20]

2022: Selection of the draft text

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 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 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 negociators. ^[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.

2023: IGC Special Session and Preparatory Committee

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

• Special Session of the 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]

Diplomatic Conference and adoption in 2024

Convening and organization

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.

Participation at the Diplomatic Conference

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.

Adoption and signatures

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.

Ratifications and entry into force

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]

Accessions to the GRATK Treaty

WIPO Member States	Accession Process No. 1
	Signature	Ratification
Algeria	24 May 2024
Bosnia and Herzegovina	24 May 2024
Brazil	24 May 2024
Burkina Faso	24 May 2024
Central African Republic	24 May 2024
Chile	24 May 2024
Colombia	24 May 2024
Congo	24 May 2024
Cote d'Ivoire	24 May 2024
Eswatini	24 May 2024
Ghana	24 May 2024
North Korea	24 May 2024
Lesotho	24 May 2024
Madagascar	24 May 2024
Malawi	24 May 2024	5 December 2024 [31]
Marshall Islands	24 May 2024
Morocco	24 May 2024
Namibia	24 May 2024
Nicaragua	24 May 2024
Niger	24 May 2024
Nigeria	24 May 2024
Niue	24 May 2024
Paraguay	24 May 2024
Saint Vincent and the Grenadines	24 May 2024
São Tomé and Príncipe	24 May 2024
Senegal	24 May 2024
South Africa	24 May 2024
Tanzania	24 May 2024
Uruguay	24 May 2024
Vanuatu	24 May 2024
Gambia	28 May 2024 [32]
Peru	14 June 2024 [32]
Cabo Verde	8 July 2024 [32]
Indonesia	8 July 2024 [32]
Dominican Republic	10 July 2024 [32]
Zimbabwe	16 July 2024 [32]
Togo	3 December 2024 [32]
Uganda	4 December 2024	9 July 2025 [33]
Australia	12 December 2024 [32]
Switzerland	4 March 2025 [32]
Zambia	4 March 2025 [32]
Iran	16 May 2025 [32]
Ecuador	21 May 2025 [32]
Bolivia	23 May 2025 [32]

See also

• 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

Further reading

• 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

References

1. WIPO (2024-05-24). WIPO Treaty on intellectual property, genetic resources and associated traditional knowledge (PDF). Geneva: WIPO (published 2024).
2. DW News (2024-05-24). What you need to know about the new treaty to combat biopiracy | DW News . Retrieved 2024-07-31– via YouTube.
3. "Nations agree landmark treaty on traditional knowledge, protecting Indigenous Peoples' rights | UN News". news.un.org. 2024-05-24. Retrieved 2024-05-26.
4. Perron-Welch, Frédéric (May 2025). "Bio-Based Innovation and the Global Patent System: Exploring the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge". GRUR International. 74 (5): 436–446. doi:10.1093/grurint/ikae133.
5. Oguamanam, Chidi (15 July 2024). "The WIPO Treaty on Genetic Resources and Associated Traditional Knowledge: A Negotiating, Contextual and Conceptual Appraisal". SSRN. doi:10.2139/ssrn.5021377.
6. "The Journey to the WIPO Treaty on Genetic Resources and Associated Traditional Knowledge". www.e-elgar.com. Retrieved 2025-12-16.
7. "WIPO Member States Adopt Historic New Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge". www.wipo.int. Retrieved 2024-05-26.
8. Cannabis Embassy, Commission on Biopiracy (2024). "WIPO's Diplomatic Conference & New Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (GRATK): A new Treaty against Biopiracy". cannabisembassy.org. Retrieved 2024-05-26.
9. Muñoz Tellez, Viviana (2023-03-14). The WIPO Diplomatic Conference for a Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (PDF). Policy Brief Nº. 117. Geneva: South Centre.
10. Patnaik, Priti (2024-06-11). "Countries Agree on Vital Disclosure Requirements on Genetic Resources and Traditional Knowledge at WIPO : A Win for Greater Balance in IP Politics [Guest Essay]". Geneva Health Files. Retrieved 2025-12-16.
11. Nirmalya, Syam; Correa, Carlos M. "Understanding the New WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge" (PDF).
12. "Document Details". www.wipo.int. Retrieved 2025-12-16.
13. Shahbandeh, Lilia (2024-05-13). "World Intellectual Property Organization Opens Diplomatic Conference – The Implementation Project". Native American Rights Fund . Retrieved 2024-07-31.
14. Cannabis Embassy (Legatio Cannabis — 大麻大使馆 — سفارة القنب) (2024-05-26). "Written Contribution to the Proceedings of the WIPO Diplomatic Conference on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge; Circulated to Member States and the Secretariat for inclusion in the Proceedings, according to the Rules of Procedures of the Diplomatic Conference". Cannabis Embassy. Retrieved 2024-07-31.
15. Indigenous Caucus of the WIPO GRATK Diplomatic Conference (2024-05-28). "Indigenous Caucus Closing Statement: International Treaty on Intellectual Property, Genetic Resources & Associated Traditional Knowledge; May 24, 2024". Cosmovisiones Ancestrales. Retrieved 2024-07-31.
16. Peter, Laura (2025-11-12). "The WIPO Treaty on Genetic Resources: A Misguided Expansion That Threatens the Patent Bargain". IPWatchdog.com | Patents & Intellectual Property Law. Retrieved 2025-12-16.
17. Wend, Wendland (2025). "BEYOND ADOPTION: WHY IT MATTERS AND WHAT'S NEXT FOR THE WIPO TREATY ON IP, GENETIC RESOURCES AND ASSOCIATED TRADITIONAL KNOWLEDGE?" (PDF).
18. Robinson, Daniel F.; Abdel-Latif, Ahmed; Roffe, Pedro (2017-07-14). Protecting Traditional Knowledge: The WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore. Taylor & Francis. ISBN   978-1-317-35486-4.
19. Assemblies of the Member States of WIPO (2021). "Mandate of the IGC 2022-2023; DECISION on Agenda Item 18 (Report on the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore) of the Sixty-Second Series of Meetings" (PDF). WIPO .
20. Wendland, W (2022). "International negotiations on Indigenous knowledge to resume at WIPO: a view of the journey so far and the way ahead". WIPO . Retrieved 2022-02-28.
21. "WIPO Member States Approve Diplomatic Conferences for Two Proposed Accords". www.wipo.int. Retrieved 2023-04-13.
22. "WIPO: IGC special session to discuss draft text on legal instrument on IP and genetic resources amidst biopiracy legitimisation concerns". Third World Network . 4 September 2023. Retrieved 2023-09-05.
23. Muñoz Tellez, Viviana (2022). "A Breakthrough in Negotiations on Intellectual Property, Protection of Genetic Resources and Traditional Knowledge in WIPO?" (PDF). South Centre, Policy Brief No. 113.
24. WIPO Traditional Knowledge Division (2023). "Draft Text on Genetic Resources and Associated Traditional Knowledge: Executive Summary" (PDF). WIPO .
25. Oguamanam, Chidi (2023-09-03). "WIPO-IGC – Special Session on Genetic Resources and Preparatory Committee on the Diplomatic Conference on GRs: The Advent of the Political Process". ABS Canada. Retrieved 2023-09-05.
26. "Press release – Diplomatic Conference on Proposed Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge to be held in May 2024 at WIPO's Geneva Headquarters". WIPO . December 13, 2023. Retrieved 2023-12-14.
27. "Diplomatic Conference to conclude an International Legal Instrument Relating to Intellectual Property, Genetic Resources and Traditional Knowledge Associated with Genetic Resources". WIPO . 2023. Retrieved 2023-09-05.
28. Conkievich, Elaine (2019). "Closing workshop of ABS Global project". UNDP . Retrieved 2023-12-14.
29. "Un traité historique qui restaure la dignité des peuples autochtones - Le Temps" (in French). 2024-05-24. ISSN   1423-3967 . Retrieved 2024-07-31.
30. "WIPO Lex". www.wipo.int. Retrieved 2025-02-17.
31. "TREATY/GRATK/1: [GRATK Treaty] Ratification by the Republic of Malawi". www.wipo.int. Retrieved 2025-08-03.
32. WIPO Lex. "WIPO-Administered Treaties: Contracting Parties/Signatories; WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge". www.wipo.int. Retrieved 2025-08-03.
33. WIPO (2025). "TREATY/GRATK/2: [GRATK Treaty] Ratification by the Republic of Uganda". www.wipo.int. Retrieved 2025-08-03.

External links

• Official WIPO webpage on the GRATK