Malawi is First to Ratify WIPO Treaty on IP, Genetic Resources and Associated Traditional Knowledge

Geneva, December 5, 2024
PR/2024/931

Malawi has become the first nation to ratify the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge, the first WIPO Treaty to address the interface between intellectual property, genetic resources and traditional knowledge.

So far, 38 WIPO member states have signed the Treaty , which was adopted on May 24, 2024 at a diplomatic conference organized by WIPO in Geneva. Signing a treaty shows the intent to pursue ratification. Signing alone does not make the treaty legally binding. Ratification is the process by which a country formally consents to be bound by the Treaty. Upon ratification, the treaty becomes legally binding for the country that ratifies it, provided that it has entered into force.

The Treaty will take effect after 15 instruments of ratification or accession are presented to WIPO. Following a decision to become bound by a treaty, a State deposits an instrument of ratification or accession with the depositary (in this case the Director General of WIPO) and, if necessary, takes steps to enact legislation to implement the Treaty. Malawi was first to ratify the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge through the deposit of an instrument of ratification.

Congratulations to Malawi on being the first country to ratify this historic WIPO Treaty. We hope that other countries will follow Malawi and join the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge – the first ever WIPO Treaty to include provisions specifically for Indigenous Peoples as well as local communities - so that it comes into force quickly and its tangible benefits can start to be felt.

WIPO Director General Daren Tang

The conclusion of the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge in May this year marked a momentous and historic step towards making the intellectual property system more balanced and inclusive. This Treaty will make the intellectual property system more relevant to our people and local communities. Malawi was therefore eager to ratify this important Treaty and I am proud that our country is the first to deposit its instrument of ratification.

Malawi’s Minister of Justice Titus Mvalo

What Does the Treaty Do?

Broadly, where a claimed invention in a patent application is based on genetic resources, each contracting party shall require applicants to disclose the country of origin or source of the genetic resources. Where the claimed invention in a patent application is based on traditional knowledge associated with genetic resources, each contracting party shall require applicants to disclose the Indigenous Peoples or local community, as applicable, who provided the traditional knowledge.

What are Genetic Resources and Associated Traditional Knowledge?

Genetic resources are contained in, for example, medicinal plants, agricultural crops, and animal breeds. While genetic resources themselves cannot be directly protected as intellectual property, inventions developed using them can, most often through a patent.

Some genetic resources are also associated with traditional knowledge through their use and conservation by Indigenous Peoples as well as local communities, often over generations. This knowledge is sometimes used in scientific research and, as such, may contribute to the development of a protected invention.