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

Last updated
GRATK anti-biopiracy Treaty
WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge
Preparatory Committee of the Diplomatic Conference to Conclude an International Legal Instrument Relating to Intellectual Property, Genetic Resources and Traditional Knowledge Associated with Genetic Resources.jpg
View of the podium during the Preparatory Committee held ahead of the GRATK Diplomatic Conference (December 2023).
Drafted2010 – 2024
Signed24 May 2024 (2024-05-24)
Location WIPO headquarters, Geneva
ConditionThree months after 15 ratifications or accessions
Signatories
Depositary WIPO
LanguagesEnglish, 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 to combat biopiracy [2] through disclosure requirements for patent applicants whose inventions are based on genetic resources and/or associated traditional knowledge. [3]

Contents

The treaty was concluded at the headquarters of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland, on 24 May 2024, [4] after more than two decades [5] of previous developments by WIPO's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC). [6]

The treaty was deemed "historic in many regards" [7] by some observers, qualified by the Indigenous Caucus [8] as a "first step towards guaranteeing just and transparent access to these resources." [9]

Background and history

2001–2022: Work of the WIPO IGC

The IGC was established in 2001 by the General Assembly of WIPO. [10] [11]

Since 2010, the mandate of the IGC has remained that of concluding a consensual text which would bridge the gaps between the numerous existing international legal instruments provide some, but insufficient protection on either traditional knowledge, traditional cultural expressions, or genetic resources (UNDRIP, Convention on Biological Diversity, Nagoya Protocol, FAO plant treaty, UNESCO conventions on culture and intangible heritage, etc.), none of which include explicit protections for indigenous peoples and local communities. [12] [13]

IGC's negotiations were suspended in 2020 because of the pandemic of SARS-CoV-2, and resumed in 2022. [13]

2022: Selection on the draft text

In 2022, the IGC agreed to move on to the next steps of treaty negotiation, and WIPO agreed to convene a Diplomatic Conference by 2024 to consider a draft treaty that the Committee had been working on. [14]

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. [15] [16] The 2022 WIPO General Assembly decided that a short version of the draft (the "Chair's text") which had been drafted by Australian ambassador Ian Gross, Chair of the IGC in 2019, would be the basis for the treaty's negotiations. Prior to that decision, the text which was expected to be used as basis for the negotiations was the "Consolidated text", a more comprehensive document on which IGC Member States had been working on by consensus during years. [15]

Contrary to the Consolidated text which addressed traditional knowledge and traditional cultural expressions as such, and different forms of intellectual property, the Chair's text focused only on genetic resources and the patent system. [17]

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 text in the discussion.

2023: IGC Special Session and Preparatory Committee

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

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. [18] 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. [19]

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. [20]

The Diplomatic Conference was held in Geneva, Switzerland, between 13 and 24 May 2024. [19] During the Conference, the draft resulting from the Special Session and Preparatory Committee was discussed and amended.

Participation at the Diplomatic Conference

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" [5] [21] ) was adopted in the night [22] 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. [4]

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. [5]

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 sign 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).

Accessions to the GRATK Treaty
WIPO Member StatesAccession Process No. 1Accession Process No. 2
SignatureRatificationAdhesion
Flag of Algeria.svg  Algeria 24 May 2024n/a
Flag of Bosnia and Herzegovina.svg  Bosnia and Herzegovina
Flag of Brazil.svg  Brazil
Flag of Burkina Faso.svg  Burkina Faso
Flag of the Central African Republic.svg  Central African Republic
Flag of Chile.svg  Chile
Flag of Colombia.svg  Colombia
Flag of the Republic of the Congo.svg  Congo
Flag of Cote d'Ivoire.svg  Cote d'Ivoire
Flag of Eswatini.svg  Eswatini
Flag of Ghana.svg  Ghana
Flag of North Korea.svg  North Korea
Flag of Lesotho.svg  Lesotho
Flag of Madagascar.svg  Madagascar
Flag of Malawi.svg  Malawi
Flag of the Marshall Islands.svg  Marshall Islands
Flag of Morocco.svg  Morocco
Flag of Namibia.svg  Namibia
Flag of Nicaragua.svg  Nicaragua
Flag of Niger.svg  Niger
Flag of Nigeria.svg  Nigeria
Flag of Niue.svg  Niue
Flag of Paraguay.svg  Paraguay
Flag of Saint Vincent and the Grenadines.svg  Saint Vincent and the Grenadines
Flag of Sao Tome and Principe.svg  São Tomé and Príncipe
Flag of Senegal.svg  Senegal
Flag of South Africa.svg  South Africa
Flag of Tanzania.svg  Tanzania
Flag of Uruguay.svg  Uruguay
Flag of Vanuatu.svg  Vanuatu

Preamble and objectives

Disclosures requirements (Article 3)

Matters of retroactivity (Article 4)

Sanctions and remedies (Article 5)

Databases and information systems (Article 6)

Relationships with other treaties (Article 7)

Review of the scope and contents of the Treaty (Article 8) and other forms of amendment (Articles 14 and 15)

Assembly of Contracting Parties (Article 10)

Secretariat (Article 11)

See also

Related Research Articles

<span class="mw-page-title-main">Patent</span> Type of legal protection for an invention

A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention. In most countries, patent rights fall under private law and the patent holder must sue someone infringing the patent in order to enforce their rights.

<span class="mw-page-title-main">WIPO Copyright Treaty</span>

The World Intellectual Property Organization Copyright Treaty is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996. It provides additional protections for copyright to respond to advances in information technology since the formation of previous copyright treaties before it. As of August 2023, the treaty has 115 contracting parties. The WCT and WIPO Performances and Phonograms Treaty, are together termed WIPO "internet treaties".

<span class="mw-page-title-main">World Intellectual Property Organization</span> Specialised agency of the United Nations

The World Intellectual Property Organization is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishing the World Intellectual Property Organization, WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations. It began operations on 26 April 1970 when the convention entered into force. The current Director General is Singaporean Daren Tang, former head of the Intellectual Property Office of Singapore, who began his term on 1 October 2020.

<span class="mw-page-title-main">Bioprospecting</span> Exploration of nature for material with commercial potential

Bioprospecting is the exploration of natural sources for small molecules, macromolecules and biochemical and genetic information that could be developed into commercially valuable products for the agricultural, aquaculture, bioremediation, cosmetics, nanotechnology, or pharmaceutical industries. In the pharmaceutical industry, for example, almost one third of all small-molecule drugs approved by the U.S. Food and Drug Administration (FDA) between 1981 and 2014 were either natural products or compounds derived from natural products.

<span class="mw-page-title-main">Intergovernmental Conference</span>

In the politics of the European Union, an Intergovernmental Conference (IGC) is the formal procedure for negotiating amendments to the EU's founding treaties. Under the treaties, an IGC is called into being by the European Council, and is composed of representatives of the member states, with the Commission, and to a lesser degree the Parliament also participating.

IGC may stand for:

Intellectual property rights (IPRs) have been acknowledged and protected in China since 1980. China has acceded to the major international conventions on protection of rights to intellectual property. Domestically, protection of intellectual property law has also been established by government legislation, administrative regulations, and decrees in the areas of trademark, copyright, and patent.

The Patent Law Treaty (PLT) is a treaty adopted by the World Intellectual Property Organization signed on 1 June 2000 in Geneva, Switzerland, by 53 States and the European Patent Organisation. It entered into force on April 28, 2005. It aims at harmonizing and streamlining formal procedures such as the requirements to obtain a filing date for a patent application, the form and content of a patent application, and representation. The treaty "does not establish a uniform procedure for all parties to the PLT but leaves parties free to require fewer or more user-friendly requirements than those provided in the PLT." As of February 2023, the PLT had 43 contracting states.

Traditional knowledge (TK), indigenous knowledge (IK), folk knowledge, and local knowledge generally refers to knowledge systems embedded in the cultural traditions of regional, indigenous, or local communities.

<span class="mw-page-title-main">James Love (NGO director)</span>

James Packard Love is the director of Knowledge Ecology International, formerly known as the Consumer Project on Technology, a non-governmental organization with offices in Washington, D.C., and Geneva, that works mainly on matters concerning knowledge management and governance, including intellectual property policy and practice and innovation policy, particularly as they relate to health care and access to knowledge.

<span class="mw-page-title-main">African Regional Intellectual Property Organization</span>

The African Regional Intellectual Property Organization (ARIPO), formerly African Regional Industrial Property Organization, is an intergovernmental organization for cooperation among African states in patent and other intellectual property matters. ARIPO was established by the Lusaka Agreement of 1976. It has the capacity to hear applications for patents and registered trademarks in its member states who are parties to the Harare (patents), Banjul (marks) and Arusha protocols. ARIPO also features a protocol on the protection of traditional knowledge, the Swakopmund Protocol, signed in 2010 by 9 member states of the organization which entered into force on May 11, 2015, and was amended on December 6, 2016.

<i>Cannabis</i> strain Plant varieties of cannabis

Cannabis strains is a popular name to refer to plant varieties of the monospecific genus Cannabis sativa L.. They are either pure or hybrid varieties of the plant, which encompasses various sub-species C. sativa, C. indica, and C. ruderalis.

<span class="mw-page-title-main">Dhemsa</span>

Dhemsa is a traditional folk dance of tribal people of southern Odisha, Chhattisgarh, and Andhra Pradesh in southern India. Dhemsa is performed in groups. The dancers hold each other by the shoulder and waist, then dance to the rhythm of traditional instruments. Traditional folk instruments that are used in this dance are dhol, tamak', changu, and mahuri. The dance is generally performed late at night by the tribes called "Desia" or "Adivasis" in the annual ceremonies of Chait Parab and Pus Puni or Pus Parab. The person playing mohuri is called Mohuria; the drummers follow.

The status of Cannabis in international law refers to the series of dispositions in international law affecting States' sovereignty in relation to the Cannabis plant genus, to a variety of "cannabis products" derived from the plant, or to their synthetic analogs.

<span class="mw-page-title-main">Biopiracy</span> Harmful and/or unethical [[bioprospecting]] research

Biopiracy is the unauthorized appropriation of knowledge and genetic resources of farming and indigenous communities by individuals or institutions seeking exclusive monopoly control through patents or intellectual property. While bioprospecting is the act of exploring natural resources for undiscovered chemical compounds with medicinal or anti-microbial properties, commercial success from bioprospecting leads to the company's attempt at protecting their intellectual property rights on indigenous medicinal plants, seeds, genetic resources, and traditional medicines.

Digital sequence information (DSI) is a placeholder term used in international policy fora, particularly the Convention on Biological Diversity (CBD), to refer to data derived from dematerialized genetic resources (GR).

The Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore is in charge of negotiating one or several international legal instruments (treaty) to protect traditional knowledge, traditional cultural expressions, and genetic resources in relation with intellectual property, thus bridging existing gaps in international law. The IGC is convened in Geneva by the World Intellectual Property Organization (WIPO), and has been meeting regularly since 2001.

<span class="mw-page-title-main">High Seas Treaty</span> International agreement for ocean protection

The United Nations agreement on biodiversity beyond national jurisdiction or BBNJ Agreement, also referred to by some stakeholders as the High Seas Treaty or Global Ocean Treaty, is a legally binding instrument for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. There is some controversy over the popularized name of the agreement. It is an agreement under the United Nations Convention on the Law of the Sea (UNCLOS). The text was finalised during an intergovernmental conference at the UN on 4 March 2023 and adopted on 19 June 2023. Both states and regional economic integration organizations can become parties to the treaty.

The expression Indigenous Caucus refers to informal groups of Indigenous peoples representatives with ad hoc rules of engagement in certain United Nations and other intergovernmental fora.

The Design Law Treaty (DLT), also called the Riyadh Design Law Treaty, is an international legal instrument adopted on 22 November 2024 by the World Intellectual Property Organization (WIPO) in Riyadh. The goal of the treaty is to harmonise part of the procedural aspects of design law.

References

  1. 1 2 WIPO (2024-05-24). WIPO Treaty on intellectual property, genetic resources and associated traditional knowledge (PDF). Geneva: WIPO (published 2024).
  2. 1 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. 1 2 "WIPO Member States Adopt Historic New Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge". www.wipo.int. Retrieved 2024-05-26.
  5. 1 2 3 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.
  6. 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.
  7. 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.
  8. Shahbandeh, Lilia (2024-05-13). "World Intellectual Property Organization Opens Diplomatic Conference – The Implementation Project". Native American Rights Fund . Retrieved 2024-07-31.
  9. 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.
  10. 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.
  11. Robinson, Daniel F.; Abdel-Latif, Ahmed; Roffe, Pedro, eds. (2017). Protecting traditional knowledge: the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore. Routledge Research in International Environmental Law. London, [England]: Routledge. ISBN   978-1-317-35485-7.
  12. 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 .
  13. 1 2 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.
  14. "WIPO Member States Approve Diplomatic Conferences for Two Proposed Accords". www.wipo.int. Retrieved 2023-04-13.
  15. 1 2 "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.
  16. 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.
  17. WIPO Traditional Knowledge Division (2023). "Draft Text on Genetic Resources and Associated Traditional Knowledge: Executive Summary" (PDF). WIPO .
  18. 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.
  19. 1 2 "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.
  20. "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.
  21. Conkievich, Elaine (2019). "Closing workshop of ABS Global project". UNDP . Retrieved 2023-12-14.
  22. "Un traité historique qui restaure la dignité des peuples autochtones - Le Temps" (in French). 2024-05-24. ISSN   1423-3967 . Retrieved 2024-07-31.