Tribal Consultation on the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge
Published Date: 1/17/2025
Notice
Summary
The U.S. Patent and Trademark Office is inviting Tribal Nations, Native Hawaiians, and Pacific Islanders to join virtual meetings and share their thoughts on a new global treaty about protecting traditional knowledge and genetic resources. This treaty could change how the U.S. respects and manages Indigenous intellectual property, with decisions coming in 2025. If adopted, it might affect how tribes control and benefit from their cultural and natural heritage.
Analyzed Economic Effects
4 provisions identified: 1 benefits, 2 costs, 1 mixed.
Patent applicants must disclose GR/ATK origin
Article 3 of the WIPO Treaty requires patent applicants to disclose the origin or source of a genetic resource (GR) or associated traditional knowledge (ATK) when a claimed invention is “based on” a GR or ATK. That two-part test requires (1) the GR or ATK was necessary for the claimed invention and (2) the invention depends on the specific properties of the GR or ATK.
Treaty may change tribal control and benefits
If the United States signs and implements the Treaty adopted May 24, 2024, it might change how the U.S. respects and manages Indigenous intellectual property and could affect how Tribes control and benefit from their cultural and natural heritage. The notice asks Tribes to explain any impacts and identify changes to U.S. law needed for compliance.
Treaty rules apply to filings in Contracting Parties
Once the Treaty enters into force (three months after ratification/accession by 15 Contracting Parties), its disclosure requirement will apply in any Contracting Party to the Treaty and therefore to all patent applicants who file an application in that Contracting Party, including applicants from countries that have not ratified the Treaty.
Tribes invited to virtual consultations
The USPTO is holding virtual Tribal consultation webinars on March 18–19, 2025 (federally recognized Tribes) and March 27 and 28, 2025 (Native Hawaiian, Pacific Islander, State/non‑recognized Tribes and organizations). Tribes, Native Hawaiians, and Pacific Islanders may also submit written comments by April 28, 2025.
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