The 2024 WIPO Treaty on Genetic Resources: Dawn of a New Day?
Abstract
On May 24, 2024, the World Intellectual Property Organization (“WIPO”) adopted the Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge (“GRATK Treaty”). It introduces an international requirement for patent applicants to disclose the origin or source of genetic resources (“GRs”) and associated traditional knowledge (“ATK”). This Note reviews its main provisions and considers their broader implications. It concludes that, while the GRATK Treaty is a step in the right direction for addressing the misappropriation of GRs and ATK, it leaves critical issues unresolved. These include ambiguities in the trigger, scope, and enforcement of the disclosure obligation; the optional status of information systems; ongoing tensions with other instruments; and the exclusion of digital sequence information (“DSI”). Whether the Treaty truly marks the “dawn of a new day” will depend on how these problems are handled in practice.