The New WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge: PCT Implications
The new WIPO Treaty
As you may be aware, WIPO member states on 24 May 2024 approved a new Treaty related to intellectual property (IP), genetic resources and associated traditional knowledge. It is the first WIPO Treaty to address the interface between intellectual property, genetic resources and traditional knowledge and the first WIPO Treaty to include provisions specifically for Indigenous Peoples as well as local communities.
Once it enters into force (which will be after 15 Contracting Parties have acceded to or ratified it), the new Treaty will establish in international law a new disclosure requirement for patent applicants whose inventions are based on genetic resources and/or associated traditional knowledge. This will mean that where a claimed invention in a patent application is based on genetic resources, each Contracting Party will require applicants to disclose the country of origin or source of the genetic resources. And where a claimed invention in a patent application is based on traditional knowledge associated with genetic resources, each Contracting Party will require applicants to disclose the Indigenous Peoples or local community, as applicable, who provided the traditional knowledge.
Implications for the PCT
An Agreed Statement contained in Footnote 4 of the new Treaty (under Article 7) states:
“The Contracting Parties request the Assembly of the International Patent Cooperation Union to consider the need for amendments to the Regulations under the PCT and/or the Administrative Instructions thereunder with a view towards providing an opportunity for applicants who file an international application under the PCT designating a PCT Contracting State which, under its applicable national law, requires the disclosure of genetic resources and traditional knowledge associated with genetic resources, to comply with any formality requirements related to such disclosure requirement either upon filing of the international application, with effect for all such Contracting States, or subsequently, upon entry into the national phase before an Office of any such Contracting States.”
The International Bureau will monitor developments related to the new Treaty and, when appropriate, support the PCT Contracting States in implementing the new Treaty obligations, as referred to in the footnote, in the PCT. In the meantime, the International Bureau stands ready to respond to any questions and requests for further information that PCT Contracting States and PCT users may have.