NAC-SNM. WIPO. Contemplations.

“This is . . . the first [Treaty] that deals with genetic resources and traditional knowledge held by Indigenous Peoples. Through this, we are showing that the IP system can continue to incentivize innovation while evolving in a more inclusive way, responding to the needs of all countries and their communities.”
~ WIPO Director General Darn Tang

February 12, 2025

WIPO TREATY UNDER CONSIDERATION IN THE U.S.
By Linda Benally | February 12, 2025 | News

In May 2024, the World Intellectual Property Organization (WIPO) adopted a new treaty related to genetic resources and traditional knowledge (GRATK) (WIPO Treaty). At this time, 38 WIPO member states are signatories to the WIPO Treaty, and on December 5, Malawi (in Southeast Africa) became the first nation to ratify. Once fourteen more member states ratify, the WIPO Treaty will take effect. The WIPO Treaty is open for signature until May 23, 2025, and will be in effect three months after ratification by fifteen member states.

When it takes effect, the WIPO Treaty will impose a requirement on patent applicants to disclose:
1.         the country of origin; or
2.         source of genetic resources used in a claimed invention; and
3.         if patent applications are based on traditional knowledge (TK) associated with genetic resources (GR), such as from Indigenous Peoples, those sources must be disclosed.

The United States has yet to sign the WIPO Treaty. To consider the United States position on the WIPO Treaty, the United States Patent Trademark Office (USPTO) has taken initial steps. USPTO has planned virtual webinars and a request for written comments on whether the United States should sign and implement the WIPO Treaty and any impacts of taking those actions. Generally speaking, the input sought by the USPTO are:
1.         Should the United States sign and become a party to the WIPO Treaty,
2.         Is the WIPO Treaty consistent or inconsistent with existing U.S. patent law, tribal law, and international obligations, and
3.         What are the impacts of implementing or not implementing the WIPO Treaty on US and tribal innovation and economies.

For those interested, written comments must be submitted by April 28, 2025. Webinars for tribal communities will occur on March 18-19 for Tribal Nations, March 27 for Native Hawaiian Communities and Pacific Islanders, and March 28, 2025 for State and non-recognized Tribes and Tribal organizations. To learn more, see USPTO Tribal Consultation_WIPO Treaty.