Redefining Global Intellectual Property: The WIPO Treaty on Genetic Resources and Its Implications for International Law

The approval of the Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge by the World Intellectual Property Organization (WIPO) on May 24, 2024, marks a significant milestone in global efforts to prevent the misappropriation of genetic resources (GRs) and traditional knowledge (TK). A key provision of the Treaty is the requirement for patent applicants to disclose the origin or source of GRs and TK, aimed at fostering equitable benefit-sharing and safeguarding the rights of indigenous communities. However, critical questions remain regarding the effectiveness of these disclosure requirements and their ability to align with existing international frameworks, such as the Convention on Biological Diversity (CBD) and the Nagoya Protocol. Additionally, the Treaty’s potential to reshape global intellectual property regimes, particularly in relation to state sovereignty over genetic resources and the intellectual property rights of indigenous peoples, raises significant challenges for contemporary international law.

This article critically examines the WIPO Treaty’s disclosure provisions within the context of existing international legal norms, assessing their potential to enhance or complicate efforts to prevent biopiracy and ensure fair benefit distribution. The analysis explores whether the Treaty harmonizes with or diverges from frameworks such as the CBD and Nagoya Protocol, both of which have faced criticism for their limited success. It further investigates the balance between protecting the rights of indigenous communities and fostering innovation through patenting processes, highlighting the potential conflicts and synergies that emerge. A final area of the inquiry focuses on the legal and practical challenges of enforcing the Treaty across diverse national jurisdictions, particularly in light of concerns over state sovereignty and the need for effective protection of indigenous knowledge.

By addressing these critical issues, this article contributes to a deeper understanding of the Treaty’s potential to redefine global intellectual property norms and its broader implications for contemporary international law. The analysis concludes with targeted recommendations for strengthening the Treaty to ensure its long-term success as a model for future governance, particularly in achieving both the protection of GRs and TK and the promotion of equitable international legal frameworks.