This historic new treaty has been adopted by the member states of the World Intellectual Property Organization (WIPO).

• This is first WIPO Treaty to address the interface between Intellectual Property (IP), Genetic Resources (GR) and Traditional Knowledge (TK) and include provisions specifically for Indigenous Peoples as well as local communities. 

About the Treaty

• It will establish in international law a new disclosure requirement for patent applicants whose inventions are based on GR and/or associated TK. 
• Disclosure: Such patent applicants must disclose:
  • Country of origin or source of GR; 
  • Indigenous peoples or local community that provided the associated TK. 
• Members: Any member states of WIPO may become party to this treaty. 
• Non-retroactivity: Not applicable on patents filed prior to entry into force of this treaty. 

Need for the treaty

• It aims to address biopiracy, where traditional knowledge is used by others for profit without permission from and with little or no compensation or recognition to indigenous people.   
  • Genetic resources, found in medicinal plants and agricultural crops, are often utilized in patented inventions, although they themselves cannot be patented.
  • Traditional Knowledge is also sometimes used in scientific research and patent development.