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

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GRATK anti-biopiracy 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).
Drafted2010 – 2024
Signed24 May 2024 (2024-05-24)
LocationWIPO headquarters, Geneva
ConditionThree months after 15 ratifications or accessions
Signatories
30 States
DepositaryWIPO
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]

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

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2001–2022: Work of the WIPO IGC

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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

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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

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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.[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

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Convening and organization

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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

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Adoption and signatures

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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.[23]

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

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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 States Accession Process No. 1 Accession Process No. 2
Signature Ratification Adhesion
 Algeria 24 May 2024 n/a
 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
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Preamble and objectives

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Disclosures requirements (Article 3)

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Matters of retroactivity (Article 4)

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Sanctions and remedies (Article 5)

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Databases and information systems (Article 6)

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Relationships with other treaties (Article 7)

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

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Assembly of Contracting Parties (Article 10)

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Secretariat (Article 11)

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See also

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References

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  1. ^ a b WIPO (2024-05-24). WIPO Treaty on intellectual property, genetic resources and associated traditional knowledge (PDF). Geneva: WIPO (published 2024).
  2. ^ a b 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. ^ "WIPO Member States Adopt Historic New Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge". www.wipo.int. Retrieved 2024-05-26.
  5. ^ a b c 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. ^ a b 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. ^ a b "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. ^ a b "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.
  23. ^ "WIPO Member States Adopt Historic New Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge". www.wipo.int. Retrieved 2024-05-26.
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