The treaty was deemed "historic in many regards"[7] by some observers, qualified by the Indigenous Caucus[8] as a "first step towards guaranteeing just and transparent access to these resources."[9]
Background and history
2001–2022: Work of the WIPO IGC
The IGC was established in 2001 by the General Assembly of WIPO.[10][11]
IGC's negotiations were suspended in 2020 because of the pandemic of SARS-CoV-2, and resumed in 2022.[13]
2022: Selection on the draft text
In 2022, the IGC agreed to move on to the next steps of treaty negotiation, and WIPO agreed to convene a Diplomatic Conference by 2024 to consider a draft treaty that the Committee had been working on.[14]
The selection of the draft text that had to serve as a basis for the negotiations of the final text of the treaty received some criticism from civil society observers.[15][16] The 2022 WIPO General Assembly decided that a short version of the draft (the "Chair's text") which had been drafted by Australian ambassador Ian Gross, Chair of the IGC in 2019, would be the basis for the treaty's negotiations. Prior to that decision, the text which was expected to be used as basis for the negotiations was the "Consolidated text", a more comprehensive document on which IGC Member States had been working on by consensus during years.[15]
In August 2023, India submitted a proposal with a series of amendments to the Chair’s text, aiming to add back some elements from the Consolidated text in the discussion.
2023: IGC Special Session and Preparatory Committee
Ahead of the Diplomatic Conference, two extraordinary meetings were convened to prepare the Conference:
Preparatory Committee of the Diplomatic Conference (11–13 September, and 13 December 2023).
The Special Session which took place from 4 to 8 September 2023, reviewed part of the Chair's text containing substantive articles. The Preparatory Committee which was held the week after, addressed administrative and procedural parts of the draft.[18] Jointly, these two meetings yielded a revised draft, which serves as the basis for the 2024 Diplomatic Conference discussions.
The Preparatory Committee also adopted Draft Rules of Procedure for the Diplomatic Conference, as well as a List of Invitees. On 13 September 2023, the committee had to suspend its session due to the absence of submission by Member States of proposals to host the Diplomatic Conference. On 13 December, the committee reconvened to adopt a decision to hold the Diplomatic Conference at WIPO's headquarters in Geneva, facing the lack of alternative proposals.[19]
Diplomatic Conference and adoption in 2024
Convening and organization
As explained on the website of the Diplomatic Conference:
On July 21, 2022, the WIPO General Assembly decided to convene a Diplomatic Conference to conclude an International Legal Instrument Relating to Intellectual Property, Genetic Resources and Traditional Knowledge Associated with Genetic Resources no later than 2024.[20]
The Diplomatic Conference was held in Geneva, Switzerland, between 13 and 24 May 2024.[19] During the Conference, the draft resulting from the Special Session and Preparatory Committee was discussed and amended.
Participation at the Diplomatic Conference
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Adoption and signatures
The final legal instrument, the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (often referred to by its acronym "GRATK"[5][21]) was adopted in the night[22] of Thursday 23 to Friday 24 May 2024, and opened for signature the 24 May in the afternoon, at the WIPO headquarter in Geneva.[2]
This 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. The Treaty, once it enters into force with 15 contracting parties, will establish in international law a new disclosure requirement for patent applicants whose inventions are based on genetic resources and/or associated traditional knowledge.[4]
The Treaty was concluded on 24 May 2024 and immediately opened for signature. Under the Treaty's Article 16, it is stated that the Treaty will be "open for signature at the Diplomatic Conference in Geneva and thereafter […] for one year after its adoption."[1]
At the closing of the Diplomatic Conference, on 24 May 2024, the Treaty was signed by 30 countries: Algeria, Bosnia and Herzegovina, Brazil, Burkina Faso, Central African Republic, Chile, Colombia, Congo, Cote d'Ivoire, Eswatini, Ghana, Lesotho, Madagascar, Malawi, Marshall Islands, Morocco, Namibia, Nicaragua, Niger, Nigeria, Niue, North Korea, Paraguay, Saint Vincent & the Grenadines, São Tomé and Príncipe, Senegal, South Africa, Tanzania, Uruguay, and Vanuatu.[5]
Ratifications and entry into force
Under Article 17, the Treaty is planned to enter into force 3 months after ratification or accession by 15 countries.
Signature, ratification and accession is open to any Member State of the WIPO, under the Treaty's Article 12. Countries that sign the Treaty within the first year period (until 24 May 2025) have to further ratify it in order for the Treaty to enter into force. Countries deciding to join after the initial one-year period will join through "adhesion" (equivalent to both signature and ratification).
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