WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

2001–2022: Work of the WIPO IGC The committee was established in 2000 by the General Assembly of WIPO. It met for the first time in 2001. Since 2010, the core of the mandate of the WIPO IGC has been (with some variations over the years) to undertake text-based negotiations with the objective of reaching agreement on a text of an international legal instrument (or instruments) which will ensure the effective protection of genetic resources, traditional knowledge and traditional cultural expressions. In essence, the work of the WIPO IGC has aimed to bridge the gaps between the intellectual property system and numerous other international legal instruments that provide some, but insufficient protection to either traditional knowledge, traditional cultural expressions, or genetic resources (UNDRIP, Convention on Biological Diversity, Nagoya Protocol, FAO plant treaty, UNESCO conventions on intangible cultural heritage, etc.), none of which include explicit intellectual property-related protections for indigenous peoples and local communities. WIPO IGC's negotiations were suspended in 2020 because of the COVID-19 pandemic, and resumed in 2022. 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. The 2022 WIPO General Assembly decided that a "Chair's text" which had been drafted by Australian Ian Gross, Chair of the WIPO IGC from 2016 to 2022, would be the basis for the final stage negotiations. Prior to that decision, the text which was expected to be used as basis for the negotiations was the "Consolidated Document", a more comprehensive document on which WIPO IGC Member States had been working on by consensus during years. 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 Document in the discussion. 2023: WIPO IGC Special Session and Preparatory Committee Ahead of the Diplomatic Conference, two extraordinary meetings were convened to prepare the Conference: • Special Session of the WIPO IGC (4–8 September 2023) • 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. 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. == 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.The Diplomatic Conference was held in Geneva, Switzerland, between 13 and 24 May 2024.) was adopted in the night of Thursday 23 to Friday 24 May 2024, and opened for signature the 24 May in the afternoon, at the WIPO headquarter in Geneva.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." 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, Côte 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. At the end of the one-year period to sign the Treaty, May 24, 2025, the Treaty had been signed by 44 countries. == 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 signed 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). At the end of the one-year period to sign the Treaty, May 24, 2025, the Treaty had been signed by 44 countries. == Legal provisions ==

Preamble and objectives Disclosures requirements (Article 3) Matters of retroactivity (Article 4) Sanctions and remedies (Article 5) Databases and information systems (Article 6) Relationships with other treaties (Article 7) Review of the scope and contents of the Treaty (Article 8) and other forms of amendment (Articles 14 and 15) Assembly of Contracting Parties (Article 10) Secretariat (Article 11) == See also ==