WIPO Treaty Brings Transparency to IP, Genetic Resources and Associated Traditional Knowledge


Aaron JonesAaron Jones, The Tulalip Tribes
Natural & Cultural Resources Director
The Tulalip Tribes




Kate TaylorKate Taylor 
Executive Director, Industry Engagement
Queensland University of Technology, Australia




The World Intellectual Property Organization (WIPO) Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (Treaty) was adopted on May 24, 2024, at the WIPO Headquarters in Geneva, Switzerland. This Treaty is historical as the first WIPO Treaty to refer to Indigenous Peoples in article text, the United Nations Declaration on the Rights of Indigenous Peoples in preambular text and to provide a disclosure requirement for patent applications where a claimed invention is based on genetic resources and/or traditional knowledge associated with genetic resources (GRATK).

The Treaty has an objective to make the patent system more transparent and effective with regard to GRATK by establishing a mandatory requirement for patent applicants to disclose the country of origin of a genetic resource and/or the Indigenous Peoples who provide the Associated Traditional Knowledge. As well, the Treaty includes a sanctions and remedies clause to provide opportunity for rectification for an applicant that fails to disclose the required information. Post-grant sanctions and remedies can be applied if fraudulent conduct or intent is found.

While this Treaty prescribes no rights, it is an important step in the direction for patent applicants to have the opportunity to build invaluable partnerships with Indigenous Peoples.

Distinct groups of Indigenous Peoples exist all around the world, practicing their cultures and lifeways, stewarding their knowledge systems through their self-determination and Indigenous rights.

As technology transfer professionals, fostering respectful and ethical partnerships with Indigenous communities is a powerful opportunity to create positive impact. By engaging thoughtfully with GRATK, we strengthen not only our practices but contribute to the preservation and recognition of Indigenous Knowledge. Some ways to advance practices include:

  1. Staff education – Invest in staff education and training on Indigenous issues to deepen cultural understanding, build stronger relationships and create more informed and ethical decision-making practices. 
  2. Towards best practice – Assess current due diligence processes around GRATK to ensure responsible innovation.
  3. Protocols for engagement – Establish culturally sensitive protocols for identifying GRATK and Indigenous peoples that steward the Indigenous Knowledge, promote trust and foster long-term, respectful collaboration.
  4. Supporting free, prior and informed consent and benefit sharing – Put in place transparent processes for free, prior and informed consent, along with fair benefit sharing, to honor the contributions of Indigenous knowledge holders and ensure mutual benefit.
  5. Dedicated resources – Allocate dedicated resources to support Indigenous engagement, including training, legal support and funding.  

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