Peru Approves WIPO Treaty on Intellectual Property, Genetic Resources, and Traditional Knowledge

By Espinosa Bellido Abogados

Peru has approved the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge, an international agreement adopted under the World Intellectual Property Organization (WIPO) framework in May 2024.

The approval in Peru was carried out through Legislative Resolution No. 32591, passed by the Peruvian Congress in May 2026, and subsequently published in the official government gazette El Peruano. The measure completes Peru’s domestic approval process for the treaty and moves it toward eventual international ratification procedures.

The treaty was adopted during a WIPO diplomatic conference in Geneva in 2024. It establishes a global framework governing how intellectual property systems address inventions that rely on genetic resources and traditional knowledge.

The agreement introduces a mandatory disclosure requirement for patent applications. When an invention is based on genetic resources—such as plant, animal, or microbial materials—or on associated traditional knowledge, applicants must disclose the origin of those resources or identify the Indigenous Peoples or local communities linked to the knowledge used. 

Genetic resources refer to biological material containing functional units of heredity, commonly used in sectors such as pharmaceuticals, agriculture, and biotechnology. Traditional knowledge refers to knowledge, innovations, and practices developed by Indigenous Peoples and local communities over time and passed through generations.

The treaty aims to increase transparency in the patent system by requiring disclosure of origin information, supporting compliance with national access and benefit-sharing regulations, and improving the quality of patent examination in cases involving biological or traditional knowledge inputs.

The agreement is not yet in force. It will enter into effect once a required number of countries formally ratify it under WIPO procedures.