HISTORIC ADOPTION OF THE WIPO TREATY ON
GENETIC RESOURCES AND ASSOCIATED TRADITIONAL KNOWLEDGE
On 24 May 2024, member states of the World Intellectual Property Organisation (WIPO) adopted by consensus a new treaty related to Genetic Resources and Associated Traditional Knowledge (GRATK), marking a historic breakthrough that capped 25 years of negotiations. The adoption of this treaty represents a pivotal shift in the evolution of international IP laws, emphasising the critical role of GRATK in fostering innovation, economic growth and sustainable development.
This is the first WIPO treaty to address the interface between IP and GRATK, and the first to include provisions specifically for Indigenous Peoples and Local Communities (IPLCs). The treaty is a significant milestone, particularly in how GRATK are viewed and utilised globally. By enhancing the quality of the patent system, it encourages the responsible use of GRATK, promoting innovation that respects traditional knowledge and biodiversity while safeguarding the rights of IPLCs.
As a demandeur of this treaty, Malaysia has been long advocating for stronger protection against the misappropriation of GRATK. At the two-week diplomatic conference, Malaysia joined other demandeurs mostly developing countries, in advocating for the recognition and protection of GRATK. Despite arduous negotiations, the demandeurs remained united in their positions, ultimately contributing to the successful adoption of the treaty.
The successful adoption of the GRATK treaty is not only a victory for the international community but also a call to action for all member states. By implementing and enforcing the treaty's provisions, member states can contribute to a more equitable and sustainable global innovation landscape. This collective effort will help protect the invaluable contributions of IPLCs, ensuring their knowledge and resources are respected and compensated, thus fostering a more inclusive and fair global economy.
