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

The WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge aims to promote the efficacy, transparency and quality of the patent system with regard to genetic resources and traditional knowledge associated with genetic resources. It also aims to prevent patents from being granted erroneously for inventions that are not novel or inventive with regard to genetic resources and traditional knowledge associated with genetic resources.

In general, where a claimed invention in a patent application is based on genetic resources, each contracting party shall require applicants to disclose the country of origin or source of the genetic resources. In the event that a claimed invention in a patent application is based on traditional knowledge associated with genetic resources, each contracting party shall require applicants to disclose the Indigenous Peoples or local community, as applicable, who provided the traditional knowledge.

This is the first treaty to tackle the interaction between intellectual property, genetic resources and traditional knowledge. It is also the first WIPO Treaty to include provisions specifically for Indigenous Peoples as well as local communities.