The WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge: Situating a Landmark Development in International Intellectual Property Governance

Abstract

Abstract This article analyses the recently adopted World Intellectual Property Organization Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. The result of over two decades of discussions, the WIPO Treaty represents a landmark achievement in international intellectual property law and governance, establishing a mandatory disclosure requirement for patent applicants who utilize genetic resources and/or associated traditional knowledge in their inventions. This article dissects the key provisions of the Treaty, focusing on the mandatory Disclosure Requirement for patent applicants and the associated sanctions for non-compliance. The relationship between the WIPO Treaty and other international instruments is also addressed. Finally, the article considers how the Treaty is positioned within the broader landscape of intellectual property developments at the bilateral and regional level, particularly within Free Trade Agreements.