Mexico Celebrates Adoption of Historic New WIPO Treaty

By Goodrich, Riquelme y Asociados

On May 24, 2024, Wordl Intellectual Property Organization (WIPO) member states approved a groundbreaking new Treaty related to intellectual property, genetic resources and associated traditional knowledge, marking a historic breakthrough that capped decades of negotiations.

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. 

The Government of Mexico celebrated the agreement after nearly 25 years of discussions. 

"The new treaty recognizes the role that the patent system could play in protecting genetic resources and the traditional knowledge associated with them. It also reaffirms the United Nations Declaration on the Rights of Indigenous Peoples and the commitment to achieve the goals set out therein, stating that every effort should be made to include indigenous peoples in the implementation of the treaty," a press release stated.

According to Mexico, the treaty provides for the disclosure of the origin of genetic resources used in inventions when patent applications are filed, and, where applicable, of the indigenous people or local community that provides the traditional knowledge associated with those genetic resources, in order to increase the effectiveness, transparency and quality of the patent system.

"It also establishes that information systems (such as databases) of genetic resources and associated traditional knowledge may be created, in consultation with indigenous peoples and local communities, where appropriate, and that such systems shall be used, with appropriate safeguards, for the purposes of searching and examining patent applications", the press release concluded.