WIPO Treaty on Genetic Resources and Associated Traditional Knowledge
The Golden Flower and the Blue Diamond: From Patent Law to Biodiversity Regimes and Guidelines
By Leïla Mamoni
In 2010, at the World Intellectual Property Organization (WIPO), an Intergovernmental Committee started its negotiations that notably aim at protecting traditional knowledge from fraudulent patents. On that same year, French company Chanel Parfums Beauté committed itself to combatting this monopolization that encroaches on the public domain. With a limited scope, this research paper examines this initiative and looks into two patent applications that the company withdrew. It also raises questions pertaining to the biodiversity regime or guidelines of the countries where the bioprospection was conducted, namely India and Madagascar. While the adoption of the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge marks a significant step, both examples remind us of the difficulty of establishing a fraudulent intent, as provided for in the treaty. To address that difficult task, this paper suggests that countries with limited administrative capacities may consider the possibility of relying on South-South cooperation.
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WIPO’s new Treaty on genetic resources and associated traditional knowledge – a long-awaited and groundbreaking step towards combatting biopiracy
By Wend Wendland
WIPO’s new Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge responds to an over 25 years’ demand by developing countries to combat biopiracy. The Treaty is the first intellectual property treaty for which those countries were the proponents. While the Treaty’s adoption on May 24, 2024 was a momentous milestone in the evolution of the patent system, it is critical that the Treaty’s paradigm-shifting political and symbolic importance be matched by its practical effectiveness.
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South Centre Statement to the 66th WIPO Assemblies
July 2025
At the WIPO Assemblies, the South Centre calls for a balanced IP regime that supports development, links to the SDGs, and preserves national policy space. We back the GRATK Treaty, TK & TCE negotiations, and a Development Acceleration Fund.
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South Centre Statement to the WIPO Intergovernmental Committee on IP, Genetic Resources, Traditional Knowledge and Folklore 51st Session
May 2025
Read our statement on the future of the work by the WIPO Committee on IP, Genetic Resources, Traditional Knowledge and Folklore, following the conclusion of the WIPO GRATK Treaty. Viable options for an international legal instrument or instrument(s) on TK/TCEs are emerging with greater clarity. A final timeline for conclusion would support the negotiation process, with a date set for a Diplomatic Conference in the next biennium.
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South Centre Statement to the 49th WIPO IGC Session
2 December 2024
We support the work by the World Intellectual Property Organization (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) to contribute to a more inclusive and just international intellectual property system and sustainable development.
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South Centre Statement to the Sixty-Fifth Series of Meetings of the Assemblies of the Member States of WIPO (2024)
10 July 2024
At the WIPO Assemblies 2024, the South Centre calls for rapid adherence to the WIPO Treaty on IP, Genetic Resources & Associated Traditional Knowledge, for the revision in this regard of the Patent Cooperation Treaty, for advancing the agenda on copyright L&Es and for upholding the WIPO Development Agenda.
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Understanding the New WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge
By Nirmalya Syam and Carlos M. Correa
A new WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge was adopted on 24 May 2024. The treaty creates an international obligation for patent applicants to disclose the source or origin of genetic resources (GRs) and associated traditional knowledge (TK) in patent applications. This development marks a significant step towards mitigating the misappropriation of GRs and TK, particularly benefiting developing countries that have long advocated for such a framework. While the treaty establishes minimum standards for disclosure and sanctions, it permits contracting parties considerable flexibility in implementation and opens avenues for future expansion of its scope to address emerging technologies and derivative products.
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