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WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge
Treaty Type:
Multilateral
Common Name:
GRATK Treaty
Responsible Department:
Te Puni Kokiri Ministry of Maori Development
Administering Department:
Te Puni Kokiri Ministry of Maori Development
Treaty Summary:
The WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge was adopted on May 24, 2024. The Treaty establishes a mandatory patent disclosure requirement – this requires patent applicants to disclose the country of origin of the genetic resources and/or the Indigenous Peoples or local community providing the associated traditional knowledge, if the claimed inventions are based on genetic resources and/or associated traditional knowledge.
The objectives of this Treaty are to:
• enhance the efficacy, transparency and quality of the patent system with regard to genetic resources and traditional knowledge associated with genetic resources; and
• prevent patents from being granted erroneously for inventions that are not novel or inventive with regard to genetic resources and traditional knowledge associated with genetic resources.
The Treaty currently has 45 signatories, two ratifications, and one accession. This Treaty will enter into force three months after 15 eligible parties have deposited their instruments of ratification or accession.
NZ Adherence Status:
In Progress
Negotiation Status:
New Zealand participated in the conclusion of the GRATK Treaty at the Diplomatic Conference in 2024, but is not currently a signatory to the agreement. Work is soon to begin on the drafting of a National Interest Analysis.
Organisation:
World Intellectual Property Organization (WIPO)
Is Signed By NZ:
No
Signature Date:
Ratified or Signed:
No
Requires Ratification:
No
NZ Territorial Applications:
None
Information about required Legislation:
This Treaty will require some change to either the Patents Act 2013, or associated regulations within our domestic patent application process. It is yet to be determined where the changes are best implemented, but this will be unpacked in the National Interest Analysis.
Impacts on Maori:
In our current IP system, it is difficult for interested groups, including Māori, to find information on uses of New Zealand genetic resources and/or mātauranga Māori. This is an issue for all providers of genetic resources and traditional knowledge. A disclosure of origin requirement would allow New Zealand’s patents register to be used by interested groups to potentially identify some uses and users of genetic resources and/or traditional knowledge they have an interest in.
By formalizing the link between patents and traditional knowledge, the treaty may encourage better documentation and safeguarding of mātauranga Māori. Furthermore, the Treaty may become an avenue to ensure communities contributing genetic resources and knowledge are not excluded from the benefits of innovation if used in conjunction with other access and benefit sharing arrangements.
Iwi, hapū, and Māori will be consulted as part of the process within the National Interest Analysis.
Impacts on Stakeholders:
For other stakeholders in the IP system, notably those applying for patents, the biggest impact is the new step in the application process. If implemented domestically, the proposed disclosure of origin requirement under the treaty would mandate applicants to disclose the country of origin of any genetic resource. If the country of origin of origin is unknown, or if the genetic resources was obtained ex-situ, applicants must declare the source of it.
Where the claimed invention in a patent application is based on traditional knowledge associated with genetic resources, applicants must also disclose the Indigenous Peoples or local community who provided the traditional knowledge associated with genetic resources, or the source of the traditional knowledge if the origin in unknown.
If the origin or source for both genetic resources and associated traditional knowledge is unknown to the applicant, they must provide a declaration to this effect. The Government, through IPONZ, must provide guidance, put measures in place to address failures to disclose, and make the disclosed information available by standard patent procedures.
These stakeholders will also be consulted as part of the process within the National Interest Analysis.
Link To Legislation:
Treaty Text Link:
Contact Information:
If you would like more information about this Treaty please contact us using our contact form.